Gun Confiscation in NJ

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ethan95

New member
A local gun shop just contacted me about the firearm i recently purchased, an Inter Ordnance AK-47. the state police said the attorney general has decided the firearm is an "assault rifle" and the for all guns to be returned to the store within 48 hours. The AK is completely legal according to NJ state law, no bayonet lug, no telescopic stock, no flash hider, and no threaded barrel; but its an "assault rifle." If they don't receive the firearm within 48 hours, i will be guilty of a felony, and they will come and confiscate it. Frankly this situation has me more scared than angry. Will my NJ legal AR-15 be confiscated soon as well? I'm not looking to break any laws so i will on return it to the store tomorrow, how ever the lady who contacted me stated the situation may be resolved and in that case, i will have my baby.....uhh i mean firearm :p returned. Any thoughts or suggestions on the situation?

"ASSAULT RIFLE" LAWS From NJSP WEB SITE


"Assault firearms" means:
1. Any of the following firearms: Algimec AGM1 type Any shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12" Armalite AR-180 type Australian Automatic Arms SAR Avtomat Kalashnikov type semi-automatic firearms Beretta AR-70 and BM59 semi-automatic firearms Bushmaster Assault Rifle Calico M-900 Assault carbine and M-900 CETME G3
Chartered Industries of Singapore SR-88 type Colt AR-15 and CAR-15 series Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types Demro TAC-1 carbine type
Encom MP-9 and MP-45 carbine types FAMAS MAS223 types FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms Franchi SPAS 12 and LAW 12 shotguns G3SA type Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1 Intratec TEC 9 and 22 semi-automatic firearms M1 carbine type M14S type MAC 10, MAC 11, MAC 11-9 mm carbine type firearms PJK M-68 carbine type Plainfield Machine Company Carbine Ruger K-Mini-14/5 F and Mini-14/5 RF SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types SKS with detachable magazine type Spectre Auto carbine type Springfield Armory BM59 and SAR-48 type Sterling MK-6, MK-7 and SAR types Steyr A.U.G. semi-automatic firearms USAS 12 semi-automatic type shotgun Uzi type semi-automatic firearms Valmet M62, M71S, M76, or M78 type semi-automatic firearms Weaver Arm Nighthawk;


2. Any firearm manufactured under any designation, which is substantially identical to any of the firearms listed in paragraph 1 above. As used in this definition, the term "substantial" means pertaining to the substance, matter, material or essence of a thing and the term "identical" means exactly the same. Hence, a firearm is substantially identical to another only if it is identical in all material, essential respects. A firearm is not substantially identical to a listed assault firearm unless it is identical except for differences that do not alter the essential nature of the firearm.

The following are examples of manufacturer changes that do not alter the essential nature of the firearm: the name or designation of the firearm; the color of the firearm; the material used to make the barrel or stock of the firearm; the material used to make a pistol grip; and a modification of a pistol grip. This is not an exclusive list. A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria:

i. A semi-automatic rifle that has the ability to accept a detachable magazine and has at least two of the following:
(1) A folding or telescoping stock; (2) A pistol grip that protrudes conspicuously beneath the action of the weapon; (3) A bayonet mount; (4) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; and (5) A grenade launcher;

ii. A semi-automatic pistol that has an ability to accept a detachable magazine and has at least two of the following:
(1) An ammunition magazine that attaches to the pistol outside of the pistol grip; (2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; (3) A shroud that is attached to, or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned;
(4) Manufactured weight of 50 ounces or more when the pistol is unloaded; and/or (5) A semi-automatic version of an automatic firearm; and

iii. A semi-automatic shotgun that has at least two of the following:
(1) A folding or telescoping stock; (2) A pistol grip that protrudes conspicuously beneath the action of the weapon; (3) A fixed magazine capacity in excess of six rounds; and/or (4) An ability to accept a detachable magazine;
3. A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a folding stock or a pistol grip;
4. A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds; or
5. A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts
are in the possession or under the control of the same person.
 
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Are you sure that it was the gun shop that contacted you? This sounds fishy. I'd call the state police and ask. If it does turn out to be true, I'd contact a civil rights attorney immediately, preferably one that knows a little Second Amendment law.
 
it absolutely was, i actually called the store back later and talked to the owner, he validated everything. civil rights attorney sounds like a fine idea to me at this point. Theres also an NRA hearing about it tonight, there all over it.
 
I looked at the NJSP site, as well as the NJ Attorney General. I found the definition, but I didn't see anything about confiscation. From the looks of things, AK-47s have been "assault firearms" there for a long time. How is it that the AG is suddenly deciding to confiscate? And under what authority? Go to the NRA hearing, get on the agenda if you can. Let the NRA (or any other pro-RKBA association that can help) know about it.

Edited to add: The NRA Civil Rights Defense Fund can be found here: http://www.nradefensefund.org/requesting_help.aspx
 
yes but, they say "Kalashnikov type semi-automatic firearms" are illegal, id love to know what they mean :). no where on my firearm does it say "Kalashnikov" or "ak47". Thanks for all the help Spats McGee, its much appreciated.
 
But your own statement was that the firearm is an "Inter Ordnance AK-47." :confused:

Keep us posted on this one. It's a real problem if your state AG has suddenly decided that a permissible (if regulated) firearm is suddenly subject to confiscation. A REAL problem.

Edited to add: And I'm glad to help.
 
definately return the weapon tomorrow as you said within the deadline plus retrieve some type of official receipt which should be provided anyway. Just like a bill you dispute & don't think you owe, its better to pay the bill if possible before your credit is ruined and then go into plan b after. plan b here: at the very least talk to an attorney who specializes in these types of situations ethan. You might also want to talk to some organizations who deal with the protection of civilian's gun rights. good luck plus please keep us posted. you might have something here that can go a long way and prove to be Good for you in more ways than one and as well as the rights of fellow gun owners.
 
But your own statement was that the firearm is an "Inter Ordnance AK-47":confused:
Click to expand...
yes i did, and now im eating my words lol

And like you said it is a problem, hopefully its resolved soon.
 
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I would guess that "AK type" equals whatever you bought. Making it illegal.

I am guessing, I don't know anything about the laws in NJ, but it sounds like that is the issue.
 
@Conn. Trooper- i guess that's the problem, but that doesn't justify it. Citizens lawfully owning a firearm for recreational purposes doesn't warrant a confiscation. I also never thought that "Kalashnikov type" could be considered a legal term.
 
There's a reason I don't move back to the northeast....

.... and this firearm issue is one facet of it.

But I don't want to get political... For those of you who do live there, though, perhaps you should get political, if you aren't already, and maybe let the people who make some of these rules know that you don't appreciate them, and that they do affect your votes.
 
So does this mean Inter Ordinance will now be/has just become banned from sales of AK clones in the great state of Jersey?
 
From what I could tell, AKs have been classified as an "assault firearm" for years. Assuming that the OP has gotten correct info, there are huge legal problems with the NJAG doing this.
  • If it was legal to possess when you purchased it, and you purchased it legally (& I have no reason to think otherwise), how does the AG suddenly make possession a crime? That's a separation of powers problem, as your AG probably doesn't have legislative authority.
  • Has the legislature recently passed something that allows the AG to confiscate them?
  • Has the AG "interpreted" a statute to mean he or she can confiscate?
  • Is someone going to pay you for your AK? If not, I'd call it a taking without just compensation.
  • I'd be looking for a paper trail, and making copies of everything I found. A move this big can't happen without someone putting together a memo.
 
Jeez, not really any way to know how far back they would go.
Seems like a poor use of gun store or manufacturer's files/lists.
 
I spent most of the eighties and some of the nineties in NJ. They really make you jump through hoops to buy a handgun. Forget about ccw, at least back then. You could carry the handgun in your car. Locked in the trunk with ammo locked elsewhere. :( Odd that Pennsylvania has ccw and much more agreeable to gun rights. I'm in FL now and staying.
 
it seems as though around 500 were sold just through the store i bought mine from. I bet there are about 30 other places selling them. That's not a small confiscation at all. Hopefully the other 2000+ buyers are just as angered as i am.
 
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I am not a NJ legal expert. I do sell firearms to NJ. If the AG acts to confiscate your rifle retroactively you should at least have grounds with the State Department of Revenue to have the amount of retail sales tax for the rifle refunded to you. I know this is not much, but something is better than nothing.
 
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