Assault Weapons Ban

  • 4. What firearms are illegal in NJ?
    • 4.2 NJ “assault weapons”
    • 4.3 Firearms banned by name

UNDER CONSTRUCTION

pending incorporation:

4. What firearms are illegal in NJ?

In NJ, certain firearms are banned based on certain cosmetic characteristics. “Assault weapon” (AW) (not to be confused with the “assault rifle” which denotes a fully automatic rifle of intermediate caliber) is generally used to denote certain firearms deemed to be “non-sporting”. Since the repeal of the Federal Assault Weapons Ban (1994) in 2005, the term has no legal, federal definition. States which maintain AWB’s have varied definitions for the term so what is considered an AW in one state may be perfectly legal to own in another. Possession of AWs, or pieces of a firearm which could be readily assembled into an AW, is prohibited in NJ as per (N.J.S.2C:39-5(f)](https://law.justia.com/codes/new-jersey/2022/title-2c/section-2c-39-5).

4.2 NJ “assault weapons”

The state of New Jersey gives specific definition of what it considers to be an assault weapon, this section is an attempt at explaining these definitions in plain English.

Any semiautomatic rifle which fires from a detachable magazine is an assault weapon if it has more than ONE of the following features:

  1. A pistol grip protruding conspicuously beneath the action of the weapon
  2. A bayonet lug
  3. A flash suppressor or threaded barrel
  4. A folding or collapsible stock
  5. A grenade launcher

Any semiautomatic rifle is an assault weapon if it has ANY the following features:

  1. A fixed magazine with a capacity exceeding 10 rounds

NOTE: .22 rim-fire caliber semiautomatic rifles which feed from a fixed tubular magazine (e.g. the Marlin Model 60) are explicitly exempt from the above restriction.

Any semiautomatic pistols which fires from a detachable magazine is an assault weapon if it has more than ONE of the following features:

  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
  5. A semi-automatic version of an automatic firearm

Any semiautomatic shotguns is an assault weapon if it has more than ONE of the following features

  1. A telescoping stock
  2. An ability to accept a detachable magazine

Any semiautomatic shotguns is an assault weapon if it has ANY of the following features

  1. A magazine capacity exceeding six rounds
  2. A folding stock
  3. A pistol grip protruding conspicuously beneath the action of the weapon

4.3 Firearms banned by name

New Jersey law also individually names numerous firearms which the state considers assault weapons, the list is as follows:

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.

NOTE: In 1996 the NJ attorney general wrote an official letter clarifying the law in regards to firearms considered “substantially identical” to those banned by name. In essence, the letter appears to nullify the term “substantially identical” in its entirety instead relying on the definitions previously listed on this page. It should be noted that this letter is not official law, and has yet to be challenged in court. The state attorney generals office could also reverse its position on the matter at any time.