Pennsylvania Firearm Owners Association
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  1. #1
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    Default Building an AR for a relative in NJ

    Hey Guys,

    I have been hunting for NJ laws online for an AR I*m building for a relative in NJ..... I got that mag capacity is ten round max, and that a fixed
    (Non folding or telescopic stock) and no threaded barrel or flash hider.....

    Here is my question......

    A. Is a Magpul MOE FIXED stock, on a carbine buffer tube legal.... or would the carbine buffer tube need to be permanently *neutered*
    so as not to be able to ever accept an adjustable stock?

    B. Would a shark gill muzzle brake permanently fixed to a threaded barrel be NJ legal? Or is that just asking for trouble, or should I just have a thread protector welded or blind pinned on?

    For such a totalitarian state.... there is surprisingly little guidelines for building an AR.... almost like they don*t want you to do it!

    Thanks!
    Fred
    A Templar is truly a fearless knight, and secure on every side, for his soul is protected by the armor of faith, just as his body is protected by the armor of steel.
    Big whoop, I'm spooning a Barret .50 Cal...... I could like kill a building.....

  2. #2
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    Default Re: Building an AR for a relative in NJ

    A question first. Who bought the parts for the rifle, you or your relative? Actually really doesn't matter who bought them, you are still walking on thin ice because the BATFE would consider that as manufacturing because you are not building it for yourself. Without being a 07 FFL (manufacturer) you could get in trouble. Even if you bought the parts, assembling the firearm to deliver to someone else (for free or being paid) is still considered manufacturing. Even if you have a paper trail showing that you built it for yourself and then decided to "gift" it to your relative, it would have to be transferred through a FFL in PA or NJ because it is crossing state lines and your relative would still have to jump through the NJ hoops.

    If you are going to put a fixed stock on, use the proper buffer tube so that there can be no question about anything that could possibly be done in the future.

    I don't know what NJ's definition of a flash hider is, they may consider anything on the end of a barrel is a "flash hider" but I do not know the NJ laws.

    I would think this through very carefully and ask any questions that may come to mind.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  3. #3
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    Default Re: Building an AR for a relative in NJ

    Hey xringshooter,

    Thanks for the heads up..... I am building this on a legal purchased (in PA) Anderson lower..... (not an 80%), and plan on transferring it to him at an NJ Gun shop.

    The FIXED MAgpul stock that I have is mounted on a carbine buffer tube.... but I*m thinking that may be a problem because the fixed stock could be removed and the telescopic stock *readily* installed.

    The muzzle brake.... who knows... I have read online that Brakes, (not flash hiders) *can* be used in NJ if they are permanently mounted....

    This is like walking in a minefield in clown shoes.... for what I am spending on parts to avoid doing the NJ dirty.... I likely could have bought a complete NJ compliant rifle.... but what fun is that!

    Thanks!
    Fred
    A Templar is truly a fearless knight, and secure on every side, for his soul is protected by the armor of faith, just as his body is protected by the armor of steel.
    Big whoop, I'm spooning a Barret .50 Cal...... I could like kill a building.....

  4. #4
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    Default Re: Building an AR for a relative in NJ

    As long as NJ says a brake can be on it as long as it is permanently attached you should be fine.

    BUT, you are still manufacturing it with the intent of transferring it to another person. The intent is what the ATF looks at, not who bought the parts or even if any money is being exchanged.

    Here is what the ATF says:

    Does an individual need a license to make a firearm for personal use?

    No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non*sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x*ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.

    [18 U.S.C. 922(o), (p) and (r); 26 U.S.C. 5822; 27 CFR 478.39, 479.62 and 479.105]

    Note that it says both sale OR distribution. You building one and giving it to your NJ relative, even doing it the legal way through a FFL, you are distributing a firearm you built. Now, would you ever be caught or prosecuted? Probably not, but with the ATF and NJ, in these times right now, do you want to take a chance?
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  5. #5
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    Default Re: Building an AR for a relative in NJ

    Quote Originally Posted by Xringshooter View Post
    As long as NJ says a brake can be on it as long as it is permanently attached you should be fine.

    BUT, you are still manufacturing it with the intent of transferring it to another person. The intent is what the ATF looks at, not who bought the parts or even if any money is being exchanged.

    Here is what the ATF says:

    Does an individual need a license to make a firearm for personal use?

    No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non*sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x*ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.

    [18 U.S.C. 922(o), (p) and (r); 26 U.S.C. 5822; 27 CFR 478.39, 479.62 and 479.105]

    Note that it says both sale OR distribution. You building one and giving it to your NJ relative, even doing it the legal way through a FFL, you are distributing a firearm you built. Now, would you ever be caught or prosecuted? Probably not, but with the ATF and NJ, in these times right now, do you want to take a chance?

    The statute differentiates between "manufacturing" and "assembling". Is merely "assembling" ar parts onto a "manufactured" lower receiver actually considered "manufacturing a firearm"??? The lower is serialized and considered a firearm. Right?

  6. #6
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    Default Re: Building an AR for a relative in NJ

    Quote Originally Posted by ar15jules View Post
    The statute differentiates between "manufacturing" and "assembling". Is merely "assembling" ar parts onto a "manufactured" lower receiver actually considered "manufacturing a firearm"??? The lower is serialized and considered a firearm. Right?
    I would have thought the same thing. If he was milling out an 80% lower for his relative it would be a different story.

  7. #7
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    Default Re: Building an AR for a relative in NJ

    "Building" an AR isn't much different than stripping and cleaning one. To manufacture a firearm I would think would involve making the receiver since that is the firearm. The rest is just parts. Since he bought the receiver, it couldn't have been manufactured.
    Stop supporting social media

  8. #8
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    Default Re: Building an AR for a relative in NJ

    He is taking a number of individual parts and assembling them into a working firearm (he says this in the OP). When an auto manufacturer takes individual parts and assembles them into a working automobile to sell or even give away, they are called manufacturers of that automobile, not assemblers. When S&W assembles the individual parts to a M&P 15, it is considered that they manufactured that firearm, even though they did not manufacture each individual component (do you think S&W makes the lowers - they have them made for them). The ATF considers a person who takes all the parts to a firearm and puts them together (assembles them) that they are the manufacturer of the completed firearm. If the person doing this keeps this firearm (or as many as he wants to put together) for his own private use, there is not problem and the ATF says that. But if you put a firearm together (manufacture it) with the intent to sell it OR distribute it (give) to another person, then the ATF considers that you manufactured it and you must have a license.

    Just because a person doesn't drill a hole or machine parts of a firearm that they are assembling does not make them any less of a manufacturer in the ATFs eyes.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  9. #9
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    Default Re: Building an AR for a relative in NJ

    How long must the OP hold onto a weapon before he can legally sell/transfer to another buyer? Lower is legally in the OPs name.

  10. #10
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    Default Re: Building an AR for a relative in NJ

    Ok aside from the questions of the lower receiver and proper handling & legality of that...

    1) That should be fine. I just transferred that exact stock setup to my buddy at Tanner's and they know their NJ laws since they get a lot of folks in from across the river. The law says no folding or telescoping stocks, which the Moe fixed carbine is neither. The law is silent on buffer tubes.

    2) That is also fine. Many NJ config rifles are sold with pinned and welded comps or brakes. That's why going to an indoor range in NJ is terrible, so much blast. The law only says no flash hiders.

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