PaladinX13
New member
I live in NJ where airguns are considered firearms but are NOT considered rifles, shotguns, or handguns. So what does that mean legally? What are my rights and legal requirements? Can I plink in my backyard legally?
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Airgun Legalities
- Thread starter PaladinX13
- Start date
Depends... do your local codes prohibit the discharge of "firearms" but specifically exempt airguns?
I went digging through the text of the assualt weapons ban several years ago... the definitions were so vague and the law so FUBAR that any decent lawyer could argue that my paintball markers were assualt weapons (conspicuously protruding pistol grip, magazine in excess of 10 rounds, over .50 caliber, etc.). The make-or-break issue seemed to be the specific definition of "firearm" which hinged on the requirement that it "fire a metallic cartridge."
'Course that doesn't cover muzzle loaders and percussion cap revolvers, both of which are considered "firearms," but hey, you want the law to make sense?
My guess? You can legally plink in your backyard only until some pinko-commie-lib neighbor complains, at which point the cops will come over to explain that it's illegal (and probably confiscate your airgun). Not that they'd be right, but it would cost you quite a bit of money to prove them wrong.
But IANAL, and YMMV.
------------------
The value of my life, my Rights, and those of my family are incalculable;
your life and your Rights, should you choose to threaten mine, are worth exactly $1.79 --
delivered 230gr at a time.
I went digging through the text of the assualt weapons ban several years ago... the definitions were so vague and the law so FUBAR that any decent lawyer could argue that my paintball markers were assualt weapons (conspicuously protruding pistol grip, magazine in excess of 10 rounds, over .50 caliber, etc.). The make-or-break issue seemed to be the specific definition of "firearm" which hinged on the requirement that it "fire a metallic cartridge."
'Course that doesn't cover muzzle loaders and percussion cap revolvers, both of which are considered "firearms," but hey, you want the law to make sense?
My guess? You can legally plink in your backyard only until some pinko-commie-lib neighbor complains, at which point the cops will come over to explain that it's illegal (and probably confiscate your airgun). Not that they'd be right, but it would cost you quite a bit of money to prove them wrong.
But IANAL, and YMMV.
------------------
The value of my life, my Rights, and those of my family are incalculable;
your life and your Rights, should you choose to threaten mine, are worth exactly $1.79 --
delivered 230gr at a time.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by PaladinX13:
I live in NJ where airguns are considered firearms but are NOT considered rifles, shotguns, or handguns. So what does that mean legally? What are my rights and legal requirements? Can I plink in my backyard legally?[/quote]
If you want to BUY a Pellet HANDGUN, in NJ, you need to get a pistol permit! So how is it NOT considered a handgun... It indeed is a HANDGUN!!!! SO is a BB rifle, considered a rifle!.
sedwards,
NJ is retarded... My friend got arrested for shooting a CO2 power BB handgun in his backyard!!! They were going to charge him with "Criminal Use of a Firearm", "Discharging a Firearm with in city limits", and "Illegal carrying of a concealed firearm"...
All that over a BB gun!!! NJ is much worse than Cali is some regards! I bet that if they NEVER read him is rights, he could have fought and won in court.. Luckly they placed him under arrest and NEVER read him is rights! I was there for that and I almost got arrested just for being there! WOnder what they would have charged me with???
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Dead [Black Ops]
[This message has been edited by Dead (edited October 16, 2000).]
I live in NJ where airguns are considered firearms but are NOT considered rifles, shotguns, or handguns. So what does that mean legally? What are my rights and legal requirements? Can I plink in my backyard legally?[/quote]
If you want to BUY a Pellet HANDGUN, in NJ, you need to get a pistol permit! So how is it NOT considered a handgun... It indeed is a HANDGUN!!!! SO is a BB rifle, considered a rifle!.
sedwards,
NJ is retarded... My friend got arrested for shooting a CO2 power BB handgun in his backyard!!! They were going to charge him with "Criminal Use of a Firearm", "Discharging a Firearm with in city limits", and "Illegal carrying of a concealed firearm"...
All that over a BB gun!!! NJ is much worse than Cali is some regards! I bet that if they NEVER read him is rights, he could have fought and won in court.. Luckly they placed him under arrest and NEVER read him is rights! I was there for that and I almost got arrested just for being there! WOnder what they would have charged me with???
------------------
Dead [Black Ops]
[This message has been edited by Dead (edited October 16, 2000).]
I don't know if it was against the law in Georgia when I was a kid to fire a pellet gun (or BB gun) within city limits. My dad was stationed at Warner Robins AFB and we lived inside the city limits. I really don't think my dad gave a rats @$$ about the legalities anyway. He was teaching his young son (that'll be me) how to be responsible with firearms and to have alittle bit of father/son time. I remember that like it was yesterday.. some of the best times of my young life centered around my dad and guns and later on a motorcycle. Learning how to drive (didn't have a permit either) or getting my first knife (didn't have to apply or ask permission from the guberment to get one). Actually, taking the knife to SCHOOL!!! to show it off to my friends and join in a bout of "momly peg(sp)" or "strech". Governments get really stupid with these inane laws. Granted, a BB gun or Pellet gun are not toys, and yes, they can be dangerous, but governments decide to make a simple act illegal when all they have to do is educate. Printing out the rules of gun handling is cheaper then 20+ officials getting together, at $2000 dollars an hour, to decide that "guns" in any form should be punished by either prison time (25,000+ a year per inmate) or by illegal seizure of said tool and then jail time (see money figure above). It seems as if the gene pool has grown ever so thin and shallow. Is it acceptable, as a criminal, to use other tools such as an axe or knife to commit a crime then it is to use another tool such as a gun? Is it unacceptable to use a stronger tool (or better tool) as a citizen against a criminal who has chosen to use a lesser tool? Am I "uncivilized" because I seek to listen to my homosapien forefathers and protect myself, using the best tool possible? I've smoked marijuana before, and even in my "pipe dreams" never really took the utopian fantasy seriously. To "get rid" of one means of crime or self preservation doesn't open up the realm of this land of no fear, utopian falsehood. It just creates more victems, more easy targets to terrorize in which to make "easy money". If we did live in a utopian society, human beings wouldn't be on this earth. This society would be mechnical, mindless, only doing what has been programmed. Sure, humans can be "programmed" but there will always be that "renagade" no matter what. Until homosapiens are banished from this earth, these problems and mind sets, as they have always been, will be previlant in the hearts and minds of the species. We can never achieve the impossible goals stated by the "feel good" populance such as hci and others like them. It is not human nature to do so. We, like it or not, are animals upon this earth. No better then the cat, the elephant, or the lowly rat. We have the ability to think, to plan, to create our own goals and acomplishments but that may be more of a curse then a blessing. We have inside us the teachings of the first man/women to walk this earth, but we try so hard to dismiss our makeups and "merge" into society. We cannot forget our teachings from the past, because if we do, we are doomed to repeat our failures and ultimatly seal the end of our species.
USP45usp
USP45usp
PaladinX13
New member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Dead:
If you want to BUY a Pellet HANDGUN, in NJ, you need to get a pistol permit! So how is it NOT considered a handgun... It indeed is a HANDGUN!!!! SO is a BB rifle, considered a rifle!.
[/quote]
Section 2C39-1 of the NJ Code of Criminal Justice claims a rifle requires explosive propellant and a round encased in a fixed metallic cartridge. No airgun I know fits that description. A handgun is defined more losely as something intended to be fired with one hand, but the more recent law includes the explosive propellant.
I ask because most of the NJ Code refers specifically to rifles, shotguns, and handguns... but NOT to firearms in many of the sections. This a gaping area where my airsoft, paintball, and airguns lie....
If you want to BUY a Pellet HANDGUN, in NJ, you need to get a pistol permit! So how is it NOT considered a handgun... It indeed is a HANDGUN!!!! SO is a BB rifle, considered a rifle!.
[/quote]
Section 2C39-1 of the NJ Code of Criminal Justice claims a rifle requires explosive propellant and a round encased in a fixed metallic cartridge. No airgun I know fits that description. A handgun is defined more losely as something intended to be fired with one hand, but the more recent law includes the explosive propellant.
I ask because most of the NJ Code refers specifically to rifles, shotguns, and handguns... but NOT to firearms in many of the sections. This a gaping area where my airsoft, paintball, and airguns lie....
Get an opinion from the ATTORNEY GENERAL's office, IN WRITING and keep it on file. Anything they tell you is BS unless you can document it _WHEN_ (not if) the Gestapo come to arrest you.
Personally, I'd leave NJ. I've heard horror stories about the cops there.
Can't afford to leave?
A lot of Jews couldn't afford to leave Germany in the 30s...
Personally, I'd leave NJ. I've heard horror stories about the cops there.
Can't afford to leave?
A lot of Jews couldn't afford to leave Germany in the 30s...
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>NJ is retarded... My friend got arrested for shooting a CO2 power BB handgun in his backyard!!! They were going to charge him with "Criminal Use of a Firearm", "Discharging a Firearm with in city limits", and "Illegal carrying of a concealed firearm"...
All that over a BB gun!!! NJ is much worse than Cali is some regards! I bet that if they NEVER read him is rights, he could have fought and won in court.. Luckly they placed him under arrest and NEVER read him is rights! I was there for that and I almost got arrested just for being there! WOnder what they would have charged me with???[/quote]
Hence the tone of my response... I wasn't kidding about things being screwed up, and not just in NJ (had more than one LEO take interest in my equipment back when I was playing paintball every weekend... maybe something about the tiger stripe cammo, range bags, and 30cal ammo cans in the back of my Wagoneer? naah...). Heard all sorts of horror stories about paintballers getting rousted, even at commercial paintball fields.
Have also heard all sorts of horror stories about NJ -- paintball, BB gun, and otherwise. The point of my reply was, regardless of what the law says, you're gonna catch heat one way or t'other.
As for what you would have been charged with -- accessory. And be happy there weren't three of you there, then it woulda been conspiracy.
Accessory to what? Conspiracy to commit what? Who the hell knows. But I'm sure they coulda come up with something.
What, you want the law to make sense?
NOTE -- anybody that wants to call this LEO-bashing, go ahead -- but for my money, any JBT that's going to arrest a kid for shooting a BB gun in his own backyard, regardless of what the letter of the law dictates, deserves to get bashed.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Get an opinion from the ATTORNEY GENERAL's office, IN WRITING and keep it on file. Anything they tell you is BS unless you can document it _WHEN_ (not if) the Gestapo come to arrest you.[/quote]
Tell that to the SKS owners in Kalifornica.
Oh, wait a sec... they already did that, didn't they?
Lotta good it did 'em...
"Check please!"
------------------
The value of my life, my Rights, and those of my family are incalculable;
your life and your Rights, should you choose to threaten mine, are worth exactly $1.79 --
delivered 230gr at a time.
All that over a BB gun!!! NJ is much worse than Cali is some regards! I bet that if they NEVER read him is rights, he could have fought and won in court.. Luckly they placed him under arrest and NEVER read him is rights! I was there for that and I almost got arrested just for being there! WOnder what they would have charged me with???[/quote]
Hence the tone of my response... I wasn't kidding about things being screwed up, and not just in NJ (had more than one LEO take interest in my equipment back when I was playing paintball every weekend... maybe something about the tiger stripe cammo, range bags, and 30cal ammo cans in the back of my Wagoneer? naah...). Heard all sorts of horror stories about paintballers getting rousted, even at commercial paintball fields.
Have also heard all sorts of horror stories about NJ -- paintball, BB gun, and otherwise. The point of my reply was, regardless of what the law says, you're gonna catch heat one way or t'other.
As for what you would have been charged with -- accessory. And be happy there weren't three of you there, then it woulda been conspiracy.
Accessory to what? Conspiracy to commit what? Who the hell knows. But I'm sure they coulda come up with something.
What, you want the law to make sense?
NOTE -- anybody that wants to call this LEO-bashing, go ahead -- but for my money, any JBT that's going to arrest a kid for shooting a BB gun in his own backyard, regardless of what the letter of the law dictates, deserves to get bashed.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Get an opinion from the ATTORNEY GENERAL's office, IN WRITING and keep it on file. Anything they tell you is BS unless you can document it _WHEN_ (not if) the Gestapo come to arrest you.[/quote]
Tell that to the SKS owners in Kalifornica.
Oh, wait a sec... they already did that, didn't they?
Lotta good it did 'em...
"Check please!"
------------------
The value of my life, my Rights, and those of my family are incalculable;
your life and your Rights, should you choose to threaten mine, are worth exactly $1.79 --
delivered 230gr at a time.
PaladinX13
New member
Well, I took Ledbetter's advice and checked the Municiple Code (under the guise of looking at political sign posting regs... didn't want to alert anyone antis). In my township, the only firearms related rule is:
No firearms shall be discharged across or upon any street within the township. No firearms shall be discharged inside 300 feet of any dwelling within the township.
I live on two acres of mostly wild land (the "front" being part of a suburb) so I just barely am able to stay in a 100 yard radius of all "dwellings" as long as they mean houses/homes and not land. Overall, looks like I'm just gonna have to be a "conscientious objector" and break laws in terms of my airsoft, airgun, and paintball gun collections. Always felt I was in a legal grey area, but pretty much confirms it.
Checking the NJ criminal code, "firearm" offenses that don't involve handguns, shotguns, or rifles are typically 4th degree and 3rd at worst (this is if you go around showing off an airsoft gun in public, for instance), there's also a clause that- more or less- says as long as you give up your firearms, you can't be convicted (doesn't grant immunity, but allows prosecuters to apply discretion).
So, I think as long as my neighbors don't suddenly become anti, I'll be alright. One guy, is into archery and I used to hang out with his kid (though, he got divorced and is somewhat of a hippie) and the other guy I helped fight the neighbor to our rear who wanted to clear cut the wilds behind our homes... but I'm not exactly friends with anybody.
Well... wish me luck.
No firearms shall be discharged across or upon any street within the township. No firearms shall be discharged inside 300 feet of any dwelling within the township.
I live on two acres of mostly wild land (the "front" being part of a suburb) so I just barely am able to stay in a 100 yard radius of all "dwellings" as long as they mean houses/homes and not land. Overall, looks like I'm just gonna have to be a "conscientious objector" and break laws in terms of my airsoft, airgun, and paintball gun collections. Always felt I was in a legal grey area, but pretty much confirms it.
Checking the NJ criminal code, "firearm" offenses that don't involve handguns, shotguns, or rifles are typically 4th degree and 3rd at worst (this is if you go around showing off an airsoft gun in public, for instance), there's also a clause that- more or less- says as long as you give up your firearms, you can't be convicted (doesn't grant immunity, but allows prosecuters to apply discretion).
So, I think as long as my neighbors don't suddenly become anti, I'll be alright. One guy, is into archery and I used to hang out with his kid (though, he got divorced and is somewhat of a hippie) and the other guy I helped fight the neighbor to our rear who wanted to clear cut the wilds behind our homes... but I'm not exactly friends with anybody.
Well... wish me luck.
PaladinX13 (great name BTW),
Sounds like you should be okay as long as you're on good terms with your neighbors. In my town, discharging an air gun is prohibited unless you are firing in an area from which a pellet cannot leave the property. My backstop is a mound of earth backed by a two foot concrete wall topped with an eight foot wooden fence backed by another eight foot redwood fence. Stay safe.
Regards,
Ledbetter
[This message has been edited by Ledbetter (edited October 17, 2000).]
Sounds like you should be okay as long as you're on good terms with your neighbors. In my town, discharging an air gun is prohibited unless you are firing in an area from which a pellet cannot leave the property. My backstop is a mound of earth backed by a two foot concrete wall topped with an eight foot wooden fence backed by another eight foot redwood fence. Stay safe.
Regards,
Ledbetter
[This message has been edited by Ledbetter (edited October 17, 2000).]