CHAPTER 54. FIREARMS AND WEAPONS Title 13, Chapter …

1 Title 13. LAW AND PUBLIC SAFETY CHAPTER 54. FIREARMS AND WEAPONST itle 13, CHAPTER 54 -- CHAPTER NotesCHAPTER AUTHORITY: 2C:39-1 et seq. and 2C:58-1 et seq.; as to , 47:1A-2 and Executive Order No. 9 (Gov. Richard J. Hughes, September30, 1963). CHAPTER SOURCE AND EFFECTIVE , effective November 13, : 39 2324(a), 39 5349(a). CHAPTER EXPIRATION DATE: CHAPTER 54, FIREARMS and WEAPONS , expires on November 13, 2012. CHAPTER HISTORICAL NOTE: CHAPTER 54, WEAPONS and Explosives, was adopted and became effective prior to September1, 1969 pursuant to Authority delegated at 2A:151-1 et 6, Security Systems for Dealers, was adopted as , effectiveSeptember 3, 1971. See: 3 158(a), 3 207(a). CHAPTER 54, WEAPONS and Explosives, was repealed and CHAPTER 54, FIREARMS and WEAPONS ,was adopted as new rules by , effective October 6, 1986. See: 18 51(a), 2048(b).Pursuant to Executive Order No. 66(1978), CHAPTER 54, FIREARMS and WEAPONS , wasreadopted as , effective November 18, 1991.

2 See: 23 2250(a), 23 (a).Pursuant to Executive Order No. 66(1978), CHAPTER 54 was readopted as ,effective November 18, 1996. See: 28 4375(a), 28 5181(a).Subchapter 7, Retired Law Enforcement Officer's Identification Card to Permit Carrying aHandgun, was adopted as new rules by , effective August 18, 1997. See: 29 (a), 29 3733(a). CHAPTER 54, FIREARMS and WEAPONS , was readopted as , effective May 17, : 34 211(a), 34 2136(a). CHAPTER 54, FIREARMS and WEAPONS , was readopted as , effective November 13,2007. As a part of , Subchapter 1, FIREARMS Identification Card and Permit toPurchase a Handgun, was renamed FIREARMS Purchaser Identification Card and Permit toPurchase a Handgun; Subchapter 4, Wholesale Dealers, Manufacturers and Wholesale DealersAgents and Employees, was renamed Wholesale Dealers, Manufacturers and Wholesale Dealers'Agents and Employees; and Subchapter 5, Machine Guns, Assault FIREARMS and Large CapacityMagazines, was renamed Machine Guns, Assault FIREARMS and Large Capacity AmmunitionMagazines, effective December 17, 2007.

3 See: Source and Effective Date. See, also, 1. FIREARMS PURCHASER IDENTIFICATION CARD AND PERMITTO PURCHASE A 13 FIREARMS purchaser identification cards and permits to purchase handgunsThis subchapter prescribes the requirements and procedures for the issuance of firearmspurchaser identification cards, permits to purchase handguns and the general rules for holders ofsuch permits and identification 13 DefinitionsThe words and terms used in this CHAPTER shall have the following meanings:"Ammunition" means various projectiles, including bullets, missiles, slugs or balls together withfuses, propelling charges and primers that may be fired, ejected, projected, released, or emitted fromfirearms or WEAPONS ."Antique cannon" means any weapon which satisfies the definition of an antique firearm and whichis also capable of firing a projectile of a caliber greater than .60 caliber, except a shotgun or shotgunammunition generally recognized as suitable for sporting purposes."Antique firearm " means any firearm , which is incapable of being fired or discharged, or which doesnot fire fixed ammunition regardless of the date of manufacture, or was manufactured before 1898,for which cartridge ammunition is not commercially available, and is possessed as a curiosity orornament or for its historical significance or value.

4 "Assault FIREARMS " means:1. Any of the following FIREARMS :Algimec AGM1 typeAny shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12"Armalite AR-180 typeAustralian Automatic Arms SARA vtomat Kalashnikov type semi-automatic firearmsBeretta AR-70 and BM59 semi-automatic firearmsBushmaster Assault RifleCalico M-900 Assault carbine and M-900 CETME G3 Chartered Industries of Singapore SR-88 typeColt AR-15 and CAR-15 seriesDaewoo K-1, K-2, Max 1 and Max 2, AR 100 typesDemro TAC-1 carbine typeEncom MP-9 and MP-45 carbine typesFAMAS MAS223 typesFN-FAL, FN-LAR, or FN-FNC type semi-automatic firearmsFranchi SPAS 12 and LAW 12 shotgunsG3SA typeGalil typeHeckler and Koch HK91, HK93, HK94, MP5, PSG-1 Intratec TEC 9 and 22 semi-automatic firearmsM1 carbine typeM14S typeMAC 10, MAC 11, MAC 11-9 mm carbine type firearmsPJK M-68 carbine typePlainfield Machine Company CarbineRuger K-Mini-14/5 F and Mini-14/5 RFSIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 typesSKS with detachable magazine typeSpectre Auto carbine typeSpringfield Armory BM59 and SAR-48 typeSterling MK-6, MK-7 and SAR typesSteyr semi-automatic firearmsUSAS 12 semi-automatic type shotgunUzi type semi-automatic firearmsValmet M62, M71S, M76, or M78 type semi-automatic firearmsWeaver Arm Nighthawk;2.

5 Any firearm manufactured under any designation, which is substantially identical to any of thefirearms listed in paragraph 1 above. As used in this definition, the term "substantial" meanspertaining to the substance, matter, material or essence of a thing and the term "identical" meansexactly the same. Hence, a firearm is substantially identical to another only if it is identical in allmaterial, essential respects. A firearm is not substantially identical to a listed assault firearm unlessit is identical except for differences that do not alter the essential nature of the following are examples of manufacturer changes that do not alter the essential nature of thefirearm: the name or designation of the firearm ; the color of the firearm ; the material used to makethe barrel or stock of the firearm ; the material used to make a pistol grip; and a modification of apistol 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 itmeets the below listed criteria:i.

6 A semi-automatic rifle that has the ability to accept a detachable magazine and has at leasttwo 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 flashsuppressor; and(5) A grenade launcher;ii. A semi-automatic pistol that has an ability to accept a detachable magazine and has atleast 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 andthat permits the shooter to hold the firearm with the non-trigger hand without beingburned;(4) Manufactured weight of 50 ounces or more when the pistol is unloaded; and/or(5) A semi-automatic version of an automatic firearm ; andiii.

7 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 stockor a pistol grip;4. A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds; or5. 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 partsare in the possession or under the control of the same following are not considered assault FIREARMS within the meaning of this definition:1. The Colt Match Target rifle, based on the manufacturer's specifications, is not part of theAR-15 series, and, thus, is not prohibited under 2C:39-1w(1). Although this riflemay resemble the Colt AR-15, there have been substantial changes to the firearm , includingthe receiver, which is not identical to an AR-15 receiver.

8 In addition, because of changes inthe configuration of the firearm , the Colt Match Target rifle is not substantially identical toa firearm prohibited under this The Springfield M1A rifle is not one of the enumerated FIREARMS which are specificallyprohibited under the State assault FIREARMS laws. It has been prohibited in this State as beingsubstantially identical to a named firearm . However, according to the manufacturer'sspecifications, the M1A has been modified. The modified M1A, which became available in1994, is not considered to be substantially identical to a prohibited firearm under :39-1w(2) and these rules. However, earlier versions of the M1A, which contain at leasttwo of the criteria identified in the Attorney General's Guidelines Regarding the"Substantially Identical" Provision in the State's Assault FIREARMS Laws dated August 19,1996 and reproduced in paragraph 2 above, are considered to be substantially identical to aprohibited firearm and continue to be defined as an assault firearm .

9 "Body armor penetrating bullets" means bullet(s) designed for use in a handgun and whose core orjacket, if the jacket is thicker than .025 of an inch, is of tungsten carbide or hard bronze or is madeof other material, which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scaleand is capable of breaching or penetrating body armor."Chief of police" or "chief police officer" means the highest ranking sworn member of a municipalpolice department." firearm or FIREARMS " means any handgun, rifle, shotgun, machine gun, automatic or semi-automaticrifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejectedany solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, bymeans of a cartridge or shell or by the action of an explosive or the igniting of flammable orexplosive substances. It shall also include, without limitation, any firearm , which is in the nature ofan air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force isa spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, oris ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inchin diameter, with sufficient force to injure a person.

10 " FIREARMS Purchaser Identification Card number" means the number assigned by the State Bureauof Identification (SBI) pursuant to a fingerprint check of an applicant's fingerprints, for the issuanceof a FIREARMS Purchaser Identification Card, as reported by the SBI to the investigating FIREARMS Purchaser Identification Card number shall be synonymous with SBI number."Gunsmith" means a person who is in the business of repairing or servicing FIREARMS ."Handgun" means any pistol, revolver, or other firearm originally designed or manufactured to befired by the use of a single hand."Large capacity ammunition magazine" means a box, drum, tube or other container, which iscapable of holding more than 15 rounds of ammunition to be fed continuously and directlytherefrom into a semi-automatic firearm . A large capacity ammunition magazine that has beenpermanently altered so that it is not capable of holding more than 15 rounds of ammunition willcease to be defined as a "large capacity ammunition magazine.