New Jersey is known for having some of the strictest gun laws in the United States, designed to ensure public safety and reduce gun violence. Among these regulations is a comprehensive list of banned firearms, often referred to as assault weapons. Understanding which firearms are prohibited is essential for all gun owners and prospective buyers to stay compliant with state laws and avoid severe penalties.
The banned firearms list in New Jersey includes a wide range of weapons. Law enforcement has the authority to determine if a firearm is substantially identical to those listed, which can lead to disputes and confusion among gun owners. Staying informed about these regulations and any updates is crucial to ensure that you do not unknowingly violate the law.
If you or a loved one is facing charges related to the possession of a banned firearm, it’s important to seek professional legal assistance. At Lustberg Law Offices LLC, our team of New Jersey gun crime lawyers can help you navigate the intricacies of firearm laws and provide the guidance you need. Contact Lustberg Law Offices LLC today at (201) 880-5311 for a free consultation and ensure your rights are protected.
NJ Firearm Laws
New Jersey has some of the toughest gun laws in the United States. The state’s stringent regulations aim to reduce gun violence and ensure public safety. These comprehensive laws cover various aspects of firearm ownership, from background checks and purchase permits to specific bans on certain types of firearms. Understanding these laws is essential for anyone who owns or plans to own a firearm in New Jersey.
Importance of Understanding the Banned Firearms List
Understanding New Jersey’s banned firearms list is crucial for all gun owners and prospective buyers. The list specifies which firearms are illegal to possess, manufacture, or sell within the state. This knowledge helps individuals avoid unintentional legal violations and ensures compliance with state laws. Moreover, awareness of these regulations supports New Jersey’s broader efforts to curb gun violence and enhance public safety.
New Jersey’s firearms laws are subject to frequent updates and changes to address emerging threats and technological advancements in weaponry. For instance, the state has recently expanded its list to include ghost guns, which are untraceable and assembled from kits. Additionally, the law now covers firearms with bump stocks and semi-automatic rifles with fixed magazines exceeding ten rounds. Staying informed about these updates is essential for gun owners to maintain compliance and avoid severe penalties.
List of Banned Weapons
New Jersey has a comprehensive list of firearms that are classified as assault weapons and are banned within the state. These regulations are part of the state’s efforts to enhance public safety and reduce gun violence. Understanding which weapons are prohibited is essential for compliance with state law.
Under N.J.S.A. § 13:54-1.2, all of the following guns and firearms are considered assault weapons in New Jersey:
- Algimec AGM1 Type: An Italian semi-automatic rifle known for its distinctive design and rarity.
- Armalite AR-180 Type: A lightweight, gas-operated, air-cooled, magazine-fed rifle, often used by military forces.
- Australian Automatic Arms SAR: A series of semi-automatic rifles designed in Australia with features making them similar to military assault rifles.
- Avtomat Kalashnikov Type Semi-Automatic Weapons (AK-47): One of the most recognized and widely used assault rifles globally, known for its durability and ease of use.
- Beretta AR-70, BM59 Semi-Automatic Guns: Italian rifles with military origins, the BM59 being a modified M1 Garand with select-fire capability.
- Bushmaster Assault Rifle: A series of semi-automatic rifles known for their AR-15 platform designs, popular in civilian and law enforcement markets.
- Calico M-900 Assault Carbine M-900: Noted for its unique helical-feed magazine, allowing for high-capacity ammunition storage.
- CETME G3: A Spanish rifle, similar in design to the German HK G3, used extensively by military forces around the world.
- Chartered Industries of Singapore SR-88 Type: A Singaporean assault rifle used by the country’s armed forces, featuring a modular design.
- Colt AR-15 and CAR-15 Series: Semi-automatic versions of the military M16 rifle, widely used for civilian purposes in the U.S.
- Daewoo K-1, K-2, Max 1, Max 2, AR 100 Types: South Korean rifles known for their reliability and use by South Korean military forces..
- Demro TAC-1 Carbine Type: A compact, semi-automatic carbine, often noted for its unique design and folding stock.
- Encom MP-9, MP-45 Carbine Types: Semi-automatic carbines known for their compact size and use in close-quarter situations.
- FAMAS MAS223 Types: A French bullpup-styled assault rifle, known for its high rate of fire and distinctive design.
- FN-FAL, FN-LAR, FN-FNC Type Semi-Automatic Firearms: Belgian-designed rifles known for their widespread use by NATO forces during the Cold War.
- Franchi SPAS 12, LAW 12 Shotguns: Italian shotguns, the SPAS 12 known for its dual-mode operation (semi-automatic and pump-action).
- G3SA Type: A variant of the German G3 rifle, known for its robust design and use by numerous military forces.
- Galil Type: Israeli-designed rifles, known for their durability and effectiveness in harsh environments.
- Heckler and Koch HK91, HK93, HK94, MP5, PSG-1: German-made firearms renowned for their precision, durability, and widespread use by military and police forces.
- Intratec TEC 9, 22 Semi-Automatic Firearms: Semi-automatic pistols with a high-capacity magazine, often associated with criminal activity due to their compact size and firepower.
- M1 Carbine Type: A lightweight, easy-to-use rifle originally developed for the U.S. military during World War II.
- M14S Type: A civilian version of the M14 rifle, known for its accuracy and use in military marksmanship.
- MAC 10, MAC 11, MAC 11-9 mm Carbine Type Firearms: Compact, high-rate-of-fire submachine guns popularized in various media and often associated with criminal use.
- PJK M-68 Carbine Type: A semi-automatic carbine known for its reliability and use in various security forces.
- Plainfield Machine Company Carbine: A civilian version of the M1 Carbine, produced by the now-defunct Plainfield Machine Company.
- Ruger K-Mini-14/5, Mini-14/5: A popular semi-automatic rifle known for its versatility and use in law enforcement and civilian markets.
- SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 Types: Swiss-made rifles known for their precision, reliability, and use by military forces.
- SKS, Detachable Magazine Type: A Soviet-designed semi-automatic carbine, popular for its simplicity and reliability.
- Spectre Auto Carbine Type: A compact semi-automatic carbine, noted for its high-capacity magazine and use in close-quarters combat.
- Springfield Armory BM59, SAR-48 Type: American rifles based on the M14 and M1 Garand designs, known for their accuracy and durability.
- Sterling MK-6, MK-7, SAR types: British-designed submachine guns, known for their reliability and use in military and law enforcement.
- Steyr A.U.G. Semi-Automatic Firearms: Austrian bullpup rifles that are known for their modular design and widespread use in military forces.
- USAS 12 Semi-Automatic Type Shotgun: A combat shotgun known for its high rate of fire and use in military and law enforcement.
- Uzi Type Semi-Automatic Firearms: Israeli submachine guns known for their compact size, reliability, and widespread use.
- Valmet M62, M71S, M76, M78 Type Semi-Automatic Weapons: Finnish rifles based on the AK-47 design, known for their ruggedness and accuracy.
- Weaver Arms Nighthawk: A semi-automatic pistol that is known for its high-capacity magazine and compact design.
- Any shotgun that has a revolving cylinder (e.g. Street Sweeper, Striker 12): Shotguns with revolving cylinders, known for their high capacity and destructive power, and are often classified as destructive devices.
Legal Implications of Possessing Banned Firearms
Possessing banned firearms in New Jersey carries serious legal consequences. The state’s strict regulations are designed to maintain public safety by preventing the possession and use of highly dangerous weapons. This section explores the criminal penalties and the impact on gun ownership rights for those found in violation of these laws.
Criminal Penalties and Charges
In New Jersey, the unlawful possession of a banned firearm is considered a third-degree crime. Individuals convicted of this offense face severe consequences, including a prison sentence ranging from three to five years. Additionally, fines can reach up to $15,000, imposing significant financial burdens on the offender. The state’s stringent enforcement of these laws underscores the importance of compliance to avoid such harsh penalties.
Impact on Gun Ownership Rights
A conviction for possessing a banned firearm has profound implications for an individual’s gun ownership rights. Those found guilty will likely face permanent revocation of their firearm permits and loss of the ability to legally purchase or possess any firearms in the future. This legal consequence serves as a strong deterrent against violating New Jersey’s firearms laws and highlights the critical importance of understanding and adhering to the state’s regulations on banned weapons.
| Legal Implications | Description |
|---|---|
| Criminal Penalties and Charges | Possessing a banned firearm is a third-degree crime in New Jersey, punishable by a prison sentence of three to five years and fines up to $15,000. |
| Impact on Gun Ownership Rights | Conviction results in permanent revocation of firearm permits and the inability to legally purchase or possess any firearms in the future. |
Substantially Identical Firearms Ban
New Jersey’s list of banned firearms is not exhaustive, and the laws surrounding assault firearms can be particularly confusing and subjective. The state allows law enforcement to determine if a firearm is “substantially identical” to one of the banned models, leading to disputes even among gun experts.
New Jersey law considers the following criteria to determine if a firearm is substantially identical to those listed as banned:
Semi-Automatic Rifles
A semi-automatic rifle that has the ability to accept a detachable magazine and at least two of the following features:
- A folding or telescoping stock
- A pistol grip that protrudes conspicuously beneath the action of the weapon
- A bayonet mount
- A flash suppressor or threaded barrel designed to accommodate a flash suppressor
- A grenade launcher
Semi-Automatic Pistols
A semi-automatic pistol that has the ability to accept a detachable magazine and at least two of the following features:
- An ammunition magazine that attaches to the pistol outside of the pistol grip
- A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer
- 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
- A manufactured weight of 50 ounces or more when the pistol is unloaded
- A semi-automatic version of an automatic firearm
Semi-Automatic Shotguns
A semi-automatic shotgun that has at least two of the following features:
- A folding or telescoping stock
- A pistol grip that protrudes conspicuously beneath the action of the weapon
- A fixed magazine capacity in excess of five rounds
- An ability to accept a detachable magazine
The penalties for possessing an assault firearm in New Jersey can be severe, often surpassing the sentences for crimes in which the firearm was used. If you or a family member is charged with possessing an assault firearm, it is crucial to seek legal advice to address these complex laws and mitigate potential consequences.
Seeking the Legal Help of Lustberg Law Offices LLC
Understanding New Jersey’s stringent firearms regulations can be challenging, especially with the extensive list of banned firearms and the complexities surrounding what is considered substantially identical. It’s imperative for gun owners to stay updated on these laws to avoid severe penalties and ensure compliance. Understanding the specifics of which firearms are prohibited and the criteria used to classify them is crucial for maintaining your legal rights and responsibilities as a gun owner in New Jersey.
If you find yourself facing charges related to the possession of a banned firearm, it’s essential to seek experienced legal counsel immediately. The penalties for these offenses can be severe, impacting your freedom and future gun ownership rights.
For personalized legal advice and a strong defense against gun charges, contact Lustberg Law Offices LLC. With a commitment to protecting your rights and providing experienced legal representation, our team of New Jersey gun charge lawyers is here to help you every step of the way. Don’t face these legal challenges alone—call us today at (201) 880-5311 for a free consultation.
