New Jersey gun bann

[captchee]

 and so it begins
 im just passing this along to folks

How d' ye!

New Jersey Assembly to Vote on Gun Ban on Monday, November 17!

Wednesday, November 12, 2008

Please Contact Your Assembly Members Today!

On Monday, November 17, the New Jersey Assembly is scheduled to vote on A2116, legislation banning most firearms over .50 caliber.

Though previously amended in an attempt to address gun owner concerns, the legislation would still ban virtually all firearms over .50 caliber, including many popular modern day muzzleloaders. A2116 is so poorly drafted that it would even outlaw firearms manufactured during the Revolutionary and Civil War eras and their modern day replicas.

Instead of targeting criminals, A2116 singles out law-abiding gun owners and punishes them by banning their guns.

Please contact your Assembly Members IMMEDIATELY and respectfully urge them to oppose A2116. Their contact information can be found by clicking here - http://www.capwiz.com/nra/state/main...ew=myofficials

Text of A2116 is here - http://www.njleg.state.nj.us/2008/Bi...00/2116_R2.HTM

[mcgiiver]

Links don't work for me.

[mechanic]

Unless I am mistaken, it is already against federal law for us to own centerfire rifled weapons over 50 cal.  This sounds like a really stupid resolution.  Its a shame the folks who attempt to write laws are not better educated.  I don't know of a commercially available firearm over 50 cal. that is not a muzzleloader, and I have yet to read of someone using a muzzie for a hold up.

I wonder, would this include shotguns?

Ben

[encore3006]

 

[Swampman]

I don't know of a commercially available firearm over 50 cal. that is not a muzzleloader

Any .500S&W, .50-70 Trapdoor, & several African big game cartridges.

[mechanic]

I stand corrected swampman, I had omitted in my mind the African calibers, (600 and 700 nitro,etc), as these normally are available in guns I could not consider to buy anyway. 

I looked at the BATF again, and any "non-sporting" weapon over 50 cal. is a "destructive device".

Nontheless, most weapons labeled 50 cal. measure slightly over for sure, but the intent is, I don't know of too many stick up artists who will go around trying to hide a 500 S&W in their pants.

Just another example of a law that has no real use to my mind.

Ben

[Swampman]

I'm sure this is aimed at the .50 BMG shooters.  Murder and robbery are already illegal and it hasn't slowed crime down at all.  Just another waste of taxpayer's money.

[mcwoodduck]

Swamp man.
The 500 S&W is .490  Federally it is a no no for .5 and larger handguns.
But this is incramentalism.  Their goal is to ban all firearms.  They are going to devide everyone up.  it's the 50 BMG and old african big game rifles.  then they will out law the over 40 crowd and on down.
Since NJ is a shotgun state.  And 20ga is .615 and 12ga is .729 did they just outlaw all rifle barrels for shotguns as well?  Did they just out law all shotgun barrels with screw in chokes?  Most screw in chokes systems have a rifled choke and that would mean a rifles .729- .735 12 ga barrel.  Even the 28ga is .54 and when I lived there 20+ years ago 20 was min for deer and water fowel.
Is the NRA going to sue on unconstitutional grounds?

[Swampman]

I'm seeing a .500 bullet dia. for the S&W at various sites.  I was wondering if the .500 S&W NEF Handi Rifle is legal in NJ?

[mcwoodduck]

Ok I thought it was the same a 50AE or the 500 linbough that are .490 to keep under .50 and away for the destructive device law.  If I'm wrong then sorry. I guess the question is are the banning guns over .5 as in .5001 and up or is it .50 and up?

[gstewart44]

What about fully rifled barrels in 12 gauge shotguns?   Is the barrel illegal or does the entire shotgun become illegal?

[mcwoodduck]

If they banned all rifles over .50 then they banned all shotgun barrels that are rifled.  I don't know.  I was asking if they did just ban them and rifled choke tubes.
The other question is it a complete ban or is it like California that banned the 50 BMG but grandfathered in all the ones that were still here.

[quickdtoo]

Here's the 8-page revised bill with the 11/17/2008 amendment.

Tim

http://www.njleg.state.nj.us/2008/Bills/A2500/2116_R3.PDF

(Sponsorship Updated As Of: 11/14/2008)
[Third Reprint]
ASSEMBLY, No. 2116
STATE OF NEW JERSEY
213th LEGISLATURE
INTRODUCED FEBRUARY 25, 2008
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Mercer)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
SYNOPSIS
Revises definition of destructive device to include weapons of 50 caliber or
greater.
CURRENT VERSION OF TEXT
As amended by the General Assembly on November 17, 2008.
A2116 [3R] GUSCIORA, RAMOS
2
EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
Matter enclosed in superscript numerals has been adopted as follows:
1Assembly AJU committee amendments adopted June 12, 2008.
2Assembly floor amendments adopted October 27, 2008.
3Assembly floor amendments adopted November 17, 2008.
AN ACT concerning destructive devices, 1 amending N.J.S.2C:39-1
2 and supplementing chapter 39 of Title 2C of the New Jersey
3 Statutes.
4
5 BE IT ENACTED by the Senate and General Assembly of the State
6 of New Jersey:
7
8 1. N.J.S.2C:39-1 is amended to read as follows:
9 2C:39-1. Definitions. The following definitions apply to this
10 chapter and to chapter 58:
11 a. "Antique firearm" means any rifle or shotgun and "antique
12 cannon" means a destructive device defined in paragraph (3) of
13 subsection c. of this section, if the rifle, shotgun or destructive
device, 3or replica thereof,3 14 as the case may be, is incapable of
15 being fired or discharged, or which does not fire fixed ammunition,
16 regardless of date of manufacture, or was manufactured before 1898
17 for which cartridge ammunition is not commercially available, and
18 is possessed as a curiosity or ornament or for its historical
19 significance or value.
20 b. "Deface" means to remove, deface, cover, alter or destroy
21 the name of the maker, model designation, manufacturer's serial
22 number or any other distinguishing identification mark or number
23 on any firearm.
24 c. "Destructive device" means any device, instrument or object
25 designed to explode or produce uncontrolled combustion, including
26 (1) any explosive or incendiary bomb, mine or grenade; (2) any
27 rocket having a propellant charge of more than four ounces or any
28 missile having an explosive or incendiary charge of more than one29
quarter of an ounce; (3) any weapon capable of firing a projectile of
a caliber of 50 caliber or greater [than 60 caliber] 330 [or, in the case
of an antique firearm, antique handgun, 1[traditional]1 31
32 muzzleloader rifle, or black powder muzzleloader having in-line
33 ignition, a center hammer or an under hammer which have been
34 approved for hunting in this State of a caliber greater than 60
caliber]335 , except a shotgun or shotgun ammunition generally
36 recognized as suitable for sporting purposes; (4) any Molotov
37 cocktail or other device consisting of a breakable container
38 containing flammable liquid and having a wick or similar device
capable of being ignited. The term 3[does] shall3 39 not include any
40 device manufactured for the purpose of illumination, distress
41 signaling, line-throwing, safety or similar purposes.
342 Notwithstanding the provisions of paragraph (3) of this subsection,
A2116 [3R] GUSCIORA, RAMOS
3
the term shall not include any 1 of the following weapons capable of
2 firing a projectile of a caliber of 50 or greater, but not exceeding a
3 caliber of 60: antique firearm; antique handgun; muzzleloader rifle;
4 or black powder muzzleloader having in-line ignition, a center
5 hammer or an under hammer which has been, or subsequently is,
6 approved for hunting in this State. The term also shall not include
7 any firearm with a bore diameter greater than 60 caliber whose
8 principle means of ignition are traditional flintlock or caplock and
whose principle propellant is black powder.3 9
10 d. "Dispose of" means to give, give away, lease, loan, keep for
11 sale, offer, offer for sale, sell, transfer, or otherwise transfer
12 possession.
13 e. "Explosive" means any chemical compound or mixture that
14 is commonly used or is possessed for the purpose of producing an
15 explosion and which contains any oxidizing and combustible
16 materials or other ingredients in such proportions, quantities or
17 packing that an ignition by fire, by friction, by concussion or by
18 detonation of any part of the compound or mixture may cause such
19 a sudden generation of highly heated gases that the resultant
20 gaseous pressures are capable of producing destructive effects on
21 contiguous objects. The term shall not include small arms
22 ammunition, or explosives in the form prescribed by the official
23 United States Pharmacopoeia.
24 f. "Firearm" means any handgun, rifle, shotgun, machine gun,
25 automatic or semi-automatic rifle, or any gun, device or instrument
26 in the nature of a weapon from which may be fired or ejected any
27 solid projectable ball, slug, pellet, missile or bullet, or any gas,
28 vapor or other noxious thing, by means of a cartridge or shell or by
29 the action of an explosive or the igniting of flammable or explosive
30 substances. It shall also include, without limitation, any firearm
31 which is in the nature of an air gun, spring gun or pistol or other
32 weapon of a similar nature in which the propelling force is a spring,
33 elastic band, carbon dioxide, compressed or other gas or vapor, air
34 or compressed air, or is ignited by compressed air, and ejecting a
35 bullet or missile smaller than three-eighths of an inch in diameter,
36 with sufficient force to injure a person.
37 g. "Firearm silencer" means any instrument, attachment,
38 weapon or appliance for causing the firing of any gun, revolver,
39 pistol or other firearm to be silent, or intended to lessen or muffle
40 the noise of the firing of any gun, revolver, pistol or other firearm.
41 h. "Gravity knife" means any knife which has a blade which is
42 released from the handle or sheath thereof by the force of gravity or
43 the application of centrifugal force.
44 i. "Machine gun" means any firearm, mechanism or instrument
45 not requiring that the trigger be pressed for each shot and having a
46 reservoir, belt or other means of storing and carrying ammunition
47 which can be loaded into the firearm, mechanism or instrument and
48 fired therefrom.
A2116 [3R] GUSCIORA, RAMOS
4
j. "Manufacturer" means any 1 person who receives or obtains
2 raw materials or parts and processes them into firearms or finished
3 parts of firearms, except a person who exclusively processes grips,
4 stocks and other nonmetal parts of firearms. The term does not
5 include a person who repairs existing firearms or receives new and
6 used raw materials or parts solely for the repair of existing firearms.
7 k. "Handgun" means any pistol, revolver or other firearm
8 originally designed or manufactured to be fired by the use of a
9 single hand.
10 l. "Retail dealer" means any person including a gunsmith,
11 except a manufacturer or a wholesale dealer, who sells, transfers or
12 assigns for a fee or profit any firearm or parts of firearms or
13 ammunition which he has purchased or obtained with the intention,
14 or for the purpose, of reselling or reassigning to persons who are
15 reasonably understood to be the ultimate consumers, and includes
16 any person who is engaged in the business of repairing firearms or
17 who sells any firearm to satisfy a debt secured by the pledge of a
18 firearm.
19 m. "Rifle" means any firearm designed to be fired from the
20 shoulder and using the energy of the explosive in a fixed metallic
21 cartridge to fire a single projectile through a rifled bore for each
22 single pull of the trigger.
23 n. "Shotgun" means any firearm designed to be fired from the
24 shoulder and using the energy of the explosive in a fixed shotgun
25 shell to fire through a smooth bore either a number of ball shots or a
26 single projectile for each pull of the trigger, or any firearm designed
27 to be fired from the shoulder which does not fire fixed ammunition.
28 o. "Sawed-off shotgun" means any shotgun having a barrel or
29 barrels of less than 18 inches in length measured from the breech to
30 the muzzle, or a rifle having a barrel or barrels of less than 16
31 inches in length measured from the breech to the muzzle, or any
32 firearm made from a rifle or a shotgun, whether by alteration, or
33 otherwise, if such firearm as modified has an overall length of less
34 than 26 inches.
35 p. "Switchblade knife" means any knife or similar device
36 which has a blade which opens automatically by hand pressure
37 applied to a button, spring or other device in the handle of the knife.
38 q. "Superintendent" means the Superintendent of the State
39 Police.
40 r. "Weapon" means anything readily capable of lethal use or of
41 inflicting serious bodily injury. The term includes, but is not
42 limited to, all (1) firearms, even though not loaded or lacking a clip
43 or other component to render them immediately operable; (2)
44 components which can be readily assembled into a weapon; (3)
45 gravity knives, switchblade knives, daggers, dirks, stilettos, or other
46 dangerous knives, billies, blackjacks, bludgeons, metal knuckles,
47 sandclubs, slingshots, cesti or similar leather bands studded with
48 metal filings or razor blades imbedded in wood; and (4) stun guns;
A2116 [3R] GUSCIORA, RAMOS
5
and any weapon or other device which 1 projects, releases, or emits
2 tear gas or any other substance intended to produce temporary
3 physical discomfort or permanent injury through being vaporized or
4 otherwise dispensed in the air.
5 s. "Wholesale dealer" means any person, except a
6 manufacturer, who sells, transfers, or assigns firearms, or parts of
7 firearms, to persons who are reasonably understood not to be the
8 ultimate consumers, and includes persons who receive finished
9 parts of firearms and assemble them into completed or partially
10 completed firearms, in furtherance of such purpose, except that it
11 shall not include those persons dealing exclusively in grips, stocks
12 and other nonmetal parts of firearms.
13 t. "Stun gun" means any weapon or other device which emits
14 an electrical charge or current intended to temporarily or
15 permanently disable a person.
16 u. "Ballistic knife" means any weapon or other device capable
17 of lethal use and which can propel a knife blade.
18 v. "Imitation firearm" means an object or device reasonably
19 capable of being mistaken for a firearm.
20 w. "Assault firearm" means:
21 (1) The following firearms:
22 Algimec AGM1 type
23 Any shotgun with a revolving cylinder such as the "Street
24 Sweeper" or "Striker 12"
25 Armalite AR-180 type
26 Australian Automatic Arms SAR
27 Avtomat Kalashnikov type semi-automatic firearms
28 Beretta AR-70 and BM59 semi-automatic firearms
29 Bushmaster Assault Rifle
30 Calico M-900 Assault carbine and M-900
31 CETME G3
32 Chartered Industries of Singapore SR-88 type
33 Colt AR-15 and CAR-15 series
34 Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types
35 Demro TAC-1 carbine type
36 Encom MP-9 and MP-45 carbine types
37 FAMAS MAS223 types
38 FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms
39 Franchi SPAS 12 and LAW 12 shotguns
40 G3SA type
41 Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1
42 Intratec TEC 9 and 22 semi-automatic firearms
43 M1 carbine type
44 M14S type
45 MAC 10, MAC 11, MAC 11-9mm carbine type firearms
46 PJK M-68 carbine type
47 Plainfield Machine Company Carbine
48 Ruger K-Mini-14/5F and Mini-14/5RF
A2116 [3R] GUSCIORA, RAMOS
6
SIG AMT, SIG 1 550SP, SIG 551SP, SIG PE-57 types
2 SKS with detachable magazine type
3 Spectre Auto carbine type
4 Springfield Armory BM59 and SAR-48 type
5 Sterling MK-6, MK-7 and SAR types
6 Steyr A.U.G. semi-automatic firearms
7 USAS 12 semi-automatic type shotgun
8 Uzi type semi-automatic firearms
9 Valmet M62, M71S, M76, or M78 type semi-automatic firearms
10 Weaver Arm Nighthawk.
11 (2) Any firearm manufactured under any designation which is
12 substantially identical to any of the firearms listed above.
13 (3) A semi-automatic shotgun with either a magazine capacity
14 exceeding six rounds, a pistol grip, or a folding stock.
15 (4) A semi-automatic rifle with a fixed magazine capacity
16 exceeding 15 rounds.
17 (5) A part or combination of parts designed or intended to
18 convert a firearm into an assault firearm, or any combination of
19 parts from which an assault firearm may be readily assembled if
20 those parts are in the possession or under the control of the same
21 person.
22 x. "Semi-automatic" means a firearm which fires a single
23 projectile for each single pull of the trigger and is self-reloading or
24 automatically chambers a round, cartridge, or bullet.
25 y. "Large capacity ammunition magazine" means a box, drum,
26 tube or other container which is capable of holding more than 15
27 rounds of ammunition to be fed continuously and directly therefrom
28 into a semi-automatic firearm.
29 z. "Pistol grip" means a well-defined handle, similar to that
30 found on a handgun, that protrudes conspicuously beneath the
31 action of the weapon, and which permits the shotgun to be held and
32 fired with one hand.
33 aa. "Antique handgun" means a handgun manufactured before
34 1898, or a replica thereof, which is recognized as being historical in
35 nature or of historical significance and either (1) utilizes a match,
36 friction, flint, or percussion ignition, or which utilizes a pin-fire
37 cartridge in which the pin is part of the cartridge or (2) does not fire
38 fixed ammunition or for which cartridge ammunition is not
39 commercially available.
40 bb. "Trigger lock" means a commercially available device
41 approved by the Superintendent of State Police which is operated
42 with a key or combination lock that prevents a firearm from being
43 discharged while the device is attached to the firearm. It may
44 include, but need not be limited to, devices that obstruct the barrel
45 or cylinder of the firearm, as well as devices that immobilize the
46 trigger.
47 cc. "Trigger locking device" means a device that, if installed on
48 a firearm and secured by means of a key or mechanically,
A2116 [3R] GUSCIORA, RAMOS
7
electronically or electromechanically operated 1 combination lock,
2 prevents the firearm from being discharged without first
3 deactivating or removing the device by means of a key or
4 mechanically, electronically or electromechanically operated
5 combination lock.
6 dd. "Personalized handgun" means a handgun which
7 incorporates within its design, and as part of its original
8 manufacture, technology which automatically limits its operational
9 use and which cannot be readily deactivated, so that it may only be
10 fired by an authorized or recognized user. The technology limiting
11 the handgun's operational use may include, but not be limited to:
12 radio frequency tagging, touch memory, remote control, fingerprint,
13 magnetic encoding and other automatic user identification systems
14 utilizing biometric, mechanical or electronic systems. No make or
15 model of a handgun shall be deemed to be a "personalized handgun"
16 unless the Attorney General has determined, through testing or
17 other reasonable means, that the handgun meets any reliability
18 standards that the manufacturer may require for its commercially
19 available handguns that are not personalized or, if the manufacturer
20 has no such reliability standards, the handgun meets the reliability
21 standards generally used in the industry for commercially available
22 handguns.
ee. 1["Traditional muzzleloader] “Muzzleloader1 23 rifle" means a
24 single shot, single barrel, side lock percussion or flintlock firearm
with iron or peep sights 1, or with a fiber optic sight or scope,1 25 and
a 1[wooden]1 stock 1made of wood or any synthetic material1 26 .
27 (cf: P.L.2002, c.130, s.5)
28
29 2. (New section) The provisions of paragraph (3) of subsection
30 c. of N.J.S.2C:39-1 shall not apply to any person who lawfully
31 possessed a firearm of a caliber of 50 caliber or greater on or before
32 the effective date of this act.
33
234 3. (New section) Nothing in this act shall be construed to
35 prohibit the passing of a firearm of a caliber of 50 caliber or greater
36 that is lawfully possessed on or before the effective date of this act
37 to an heir or legatee, whether the passing is by testamentary bequest
38 or by the laws of intestacy. The person who receives or acquires
39 the firearm shall be subject to all other provisions of chapter 58 of
40 Title 2C of the New Jersey Statutes. If the person does not qualify
41 to possess or carry the firearm, the person may retain ownership of
42 the firearm for the purpose of sale for a period not exceeding 180
43 days, or for such further limited period as may be approved by the
44 chief law enforcement officer of the municipality in which the
45 person resides or the superintendent, provided that the firearm is in
46 the custody of the chief law enforcement officer of the municipality
or the superintendent during that period.2 47
A2116 [3R] GUSCIORA, RAMOS
8
2[3.] 4.2 This act shall take effect on 1 the first day of the second
2 month following enactment.

[captchee]

 where di you read that this passed ?
 i was under the understanding that the vote has now been put off another month so as to re -write it again

[Sir Charles deMoutonBlack]

SO;  If I lived in New Jersey, my .577 Snider 3 band rifle would be legal?  Just!  And a .69 to .75 committee of Safety, or Charleville, or Brown Bess would slip through as well?

So much for the Land of the Free and the Home of the Brave.  Almost like us here in the True North Strong and FREE?

3
the term shall not include any 1 of the following weapons capable of
2 firing a projectile of a caliber of 50 or greater, but not exceeding a
3 caliber of 60: antique firearm; antique handgun; muzzleloader rifle;
4 or black powder muzzleloader having in-line ignition, a center
5 hammer or an under hammer which has been, or subsequently is,
6 approved for hunting in this State. The term also shall not include
7 any firearm with a bore diameter greater than 60 caliber whose
8 principle means of ignition are traditional flintlock or caplock and
whose principle propellant is black powder.3 9

In England, gun crime has increased about 40% after handgun confiscation, and the bobbies have to go heeled and vested up!

[glshop20]

"FROM MY COLD, DEAD HANDS"

[longcaribiner]

I have a .58 Berdan rolling block and a .58 Snider, both centerfire rifles of the 1860's.  Freakin idiots in NJ.  Next they'll want to take away my civil war bayonet, because I might rob a bank with it.

[Blackhawker]

Unless I am mistaken, it is already against federal law for us to own centerfire rifled weapons over 50 cal.  This sounds like a really stupid resolution.  Its a shame the folks who attempt to write laws are not better educated.  I don't know of a commercially available firearm over 50 cal. that is not a muzzleloader, and I have yet to read of someone using a muzzie for a hold up.

I wonder, would this include shotguns?

Ben

Yes, I believe anything over 50 cal requires a special permit and I believe that's a federal law and not state enforced. 

There are several calibers available over 50 cal, including the 600 and 700 nitro express among others.  I don't think too many people shoot them, much less, can afford them.

[mcwoodduck]

Blackhawker,
Do not know about a federal ban on rifles over 50 claiber as the 50 BMG is .510 and like you said 600 and 700 nitro are larger.
Heck a 20ga rifled shot gun is .615.
What you are refering to is the federal ban on handguns over .50 that are clasified as destructive weapons and to have them or make one will require a permit.  Heck there was an english webley in .557 that would be really cool to own.