Edit 4: Okay, this wasn't the point of this post, but we have an interesting update.
The federal court just ruled in Silencer Shop v. ATF that since suppressors, SBRs, and AOWs have a "$0 tax," the system is unconstitutional and therefore these items are no longer can be regulated by the NFA.
Suppressors and SBRs are still illegal in NJ. We have two separate cases in the DNJ dealing with that right now. There's additional complications that occur with SBRs with this ruling, but let's not even concern ourselves with that right now.
However, as AOWs are legal, NJ residents can benefit from this ruling. As of right now, plaintiffs of this court case are protected under an injunction and therefore do not need to comply with NFA regulations relating to these items. This essentially means those protected do not need to submit a form 1 to the NFA to make an AOW.
There's two distinct groups that are protected. Stores (and by lesser extension, their customers), like PSA and Silencer Shop, and Pro-2A orgs.
Stores are legally able to sell completed AOWs to their customers with just a 4473 (and NJ's standard paperwork). This does not mean if you've ever bought something from one of these stores past or present, you can freely make an AOW. This portion of the injunction only protects selling and purchasing AOWs.
The far more interesting (and useful) portion of the injunction involves pro-2A orgs like the Gun Owners of America (GOA). Members of the GOA are fully protected under the injunction and therefore are given the same level of protections as stores like PSA. This means that GOA members (among a select group of others, look them up) CAN create their own AOWs without complying with the NFA. This only applies to active members.
With all that said, don't take this post as a green light. Everything is still very much up in the air and there's only a select few stores in the US currently selling suppressors with just 4473s, while PSA is claiming that GOA members who buy completed pistols or rifles FROM JUST PSA can make SBRs without a form 1, but nothing explicitly about AOWs. You're all adults and any actions you take are your own, but it's smart if you wait.
What's even more confusing is that this case was consolidated with Jensen v ATF, and the verdict is treating the injunction separately. For example, Jensen v. ATF had the requirements to engrave on a form 1 gun removed but didn't get relief regarding AOWs, while Silencer Shop v ATF did get relief for AOWs. Does being a member of the FPC (which might not even get relief at all, due to filing as FPCAC, this is also unclear) and a GOA mean you benefit from both lack of engraving requirements on an AOW? No one really knows at the moment.
Long term, we're realistically going to see the NFA system for these items completely disappear for everyone. This will take some time, as usual. Assuming that our silencer and SBR cases go through successfully, NJ residents will be able to benefit eventually.
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Edit 3: Everything below this edit is unfortunately irrelevant for the time being. NJAG requested a motion to stay the mandate to appeal to SCOTUS. For the foreseeable future, the mag and assault weapon ban is still in full effect.
Edit 2: NJAG requested a motion to stay the mandate. All of this information could be moot. Sit tight
ORIGINAL TEXT:
While this is an exciting time, take a deep breath: many laws still apply after the mandate takes place. Don't get caught in a legal battle because you misunderstood the current legal landscape.
Here is a recap of the critical information:
The mandate will stop the restriction on magazines.
- There are no specific legal definitions separating rifle, pistol, or shotgun magazines—they are simply magazines. Yes, you can have a 30-round magazine in your AR and a 17-round magazine in your Glock, despite the pistol AWB remaining in place.
The only part of NJ's assault weapon ban specifically declared unconstitutional applies to rifles.
The named list of banned rifles (such as the M1 Carbine) and NJ's specific rifle "evil features" definitions no longer exist.
Those now-repealed evil feature restrictions that previously applied to semi-automatic rifles that accepted a detachable magazine were the following:
- Folding or telescoping stock
- A pistol grip that protrudes conspicuously beneath the action of the weapon
- Bayonet mount
- Flash suppressor, or threaded barrel designed to accommodate a flash suppressor
- Grenade launcher mount
Edit 1: In short, there is no longer a need to pin your stock or muzzle device (if it's over 16") in order to be compliant with NJ's now unconstitutional law when the mandate goes through.
- This means you can buy rifles that would have once needed compliance work as well as remove your compliance work on rifles you own, as long as you follow federal laws. You can also have a flash hider, bayonet mount, and grenade launcher (lol) on a rifle with no repercussions.
The rifle AWB repeal does NOT repeal the pistol or shotgun AWB, nor does it legalize suppressors or short-barreled rifles (SBRs) in New Jersey.
- "Pistol" style ARs remain effectively off the table, for the time being. Pistol and shotgun AWB rulings were remanded to NJ courts, which must still officially rule them unconstitutional. This will take time. Additionally, a separate case regarding suppressors and another for SBRs is currently moving through the state court system. This will also take time.
You MAY be able to convert your "Other" into a rifle.
Federal regulations strictly require a rifle to have an overall length of at least 26" and a barrel length of at least 16". These are non-negotiable.
- Note that overall length for a rifle is measured in its longest configuration (e.g., with a folding stock extended). If your muzzle device is permanently pinned and welded (P&W), it counts toward barrel length (e.g., a 14.5" barrel with a muzzle device that adds 1.5" to the total barrel length with a P&W, while also accounting for the ~0.6" of thread overlap).
Do not, under any circumstances, put a stock on your "Other" if the barrel is under 16". That creates an illegal SBR, and NJ will likely make an example out of you.
Beyond that, virtually every other NJ gun law remains in full effect—including laws governing transport, ammunition, carry permits, transfers, and purchasing. Refresh yourself on these rules before taking any action.
Also, as it currently stands, until the mandate goes through, nothing has officially changed.
- The odds of AWB and mag laws being enforced is very low, but this is just a reality of the situation. Things could change at a moments notice, and you don't want to be in possession of this stuff. You're all adults though, so I don't need to lecture you on this.
Of course, I'm not a lawyer.
If you have anything I should add, let me know.
