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Anti- .50 caliber Gun Law

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Below is a Legislative Bill the anti-gunners in New Jersey are trying to sneak through this legislative session. It will ban the ownership of all guns of calibers exceding .50, INCLUSIVE of muzzle-loading replicas.

The Assemblypeople responsible are:

Assemblywoman Loretta Weinberg, Democrat
District Office: 545 Cedar Lane, Teaneck, NJ 07666 (201)-928-0100


Assemblywoman Nellie Pou, Democrat
District Office: 100 Hamilton Plaza, Suite 1403-05, Paterson, NJ 07505 (973)-247-1555


This would impact hunting rifles with calibers over .50, as well as Brown Besses and Civil War Enfield and Springfield replicas.


ASSEMBLY, No. 3942

STATE OF NEW JERSEY

210th LEGISLATURE

INTRODUCED DECEMBER 11, 2003

Sponsored by:

Assemblywoman LORETTA WEINBERG

District 37 (Bergen)

Assemblywoman NELLIE POU

District 35 (Bergen and Passaic)

SYNOPSIS

Revises definition of destructive device to include weapons of 50 caliber or greater.

CURRENT VERSION OF TEXT

As introduced.

An Act concerning destructive devices and amending N.J.S.2C:39-1.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:39-1 is amended to read as follows:

2C:39-1. Definitions. The following definitions apply to this chapter and to chapter 58:

a. "Antique firearm" means any rifle or shotgun and "antique cannon" means a destructive device defined in paragraph (3) of subsection c. of this section, if the rifle, shotgun or destructive device, as the case may be, is incapable of being fired or discharged, or which does not fire fixed ammunition, regardless of date of manufacture, or was manufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value.

b. "Deface" means to remove, deface, cover, alter or destroy the name of the maker, model designation, manufacturer's serial number or any other distinguishing identification mark or number on any firearm.

c. "Destructive device" means any device, instrument or object designed to explode or produce uncontrolled combustion, including (1) any explosive or incendiary bomb, mine or grenade; (2) any rocket having a propellant charge of more than four ounces or any missile having an explosive or incendiary charge of more than one-quarter of an ounce; (3) any weapon capable of firing a projectile of a caliber of 50 caliber or greater [than 60 caliber], except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes; (4) any Molotov cocktail or other device consisting of a breakable container containing flammable liquid and having a wick or similar device capable of being ignited. The term does not include any device manufactured for the purpose of illumination, distress signaling, line-throwing, safety or similar purposes.

d. "Dispose of" means to give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer, or otherwise transfer possession.

e. "Explosive" means any chemical compound or mixture that is commonly used or is possessed for the purpose of producing an explosion and which contains any oxidizing and combustible materials or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects. The term shall not include small arms ammunition, or explosives in the form prescribed by the official United States Pharmacopoeia.

f. "Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

g. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm.

h. "Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force.

i. "Machine gun" means any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and fired therefrom.

j. "Manufacturer" means any person who receives or obtains raw materials or parts and processes them into firearms or finished parts of firearms, except a person who exclusively processes grips, stocks and other nonmetal parts of firearms. The term does not include a person who repairs existing firearms or receives new and used raw materials or parts solely for the repair of existing firearms.

k. "Handgun" means any pistol, revolver or other firearm originally designed or manufactured to be fired by the use of a single hand.

l. "Retail dealer" means any person including a gunsmith, except a manufacturer or a wholesale dealer, who sells, transfers or assigns for a fee or profit any firearm or parts of firearms or ammunition which he has purchased or obtained with the intention, or for the purpose, of reselling or reassigning to persons who are reasonably understood to be the ultimate consumers, and includes any person who is engaged in the business of repairing firearms or who sells any firearm to satisfy a debt secured by the pledge of a firearm.

m. "Rifle" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed metallic cartridge to fire a single projectile through a rifled bore for each single pull of the trigger.

n. "Shotgun" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shots or a single projectile for each pull of the trigger, or any firearm designed to be fired from the shoulder which does not fire fixed ammunition.

o. "Sawed-off shotgun" means any shotgun having a barrel or barrels of less than 18 inches in length measured from the breech to the muzzle, or a rifle having a barrel or barrels of less than 16 inches in length measured from the breech to the muzzle, or any firearm made from a rifle or a shotgun, whether by alteration, or otherwise, if such firearm as modified has an overall length of less than 26 inches.

p. "Switchblade knife" means any knife or similar device which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.

q. "Superintendent" means the Superintendent of the State Police.

r. "Weapon" means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all (1) firearms, even though not loaded or lacking a clip or other component to render them immediately operable; (2) components which can be readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.

s. "Wholesale dealer" means any person, except a manufacturer, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are reasonably understood not to be the ultimate consumers, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms, in furtherance of such purpose, except that it shall not include those persons dealing exclusively in grips, stocks and other nonmetal parts of firearms.

t. "Stun gun" means any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person.

u. "Ballistic knife" means any weapon or other device capable of lethal use and which can propel a knife blade.

v. "Imitation firearm" means an object or device reasonably capable of being mistaken for a firearm.

w. "Assault firearm" means:

(1) 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 11-9mm carbine type firearms

PJK M-68 carbine type

Plainfield Machine Company Carbine

Ruger K-Mini-14/5F and Mini-14/5RF

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 above.

(3) A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock.

(4) A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds.

(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.

x. "Semi-automatic" means a firearm which fires a single projectile for each single pull of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet.

y. "Large capacity ammunition magazine" means a box, drum, tube or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm.

z. "Pistol grip" means a well-defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand.

aa. "Antique handgun" means a handgun manufactured before 1898, or a replica thereof, which is recognized as being historical in nature or of historical significance and either (1) utilizes a match, friction, flint, or percussion ignition, or which utilizes a pin-fire cartridge in which the pin is part of the cartridge or (2) does not fire fixed ammunition or for which cartridge ammunition is not commercially available.

bb. "Trigger lock" means a commercially available device approved by the Superintendent of State Police which is operated with a key or combination lock that prevents a firearm from being discharged while the device is attached to the firearm. It may include, but need not be limited to, devices that obstruct the barrel or cylinder of the firearm, as well as devices that immobilize the trigger.

cc. "Trigger locking device" means a device that, if installed on a firearm and secured by means of a key or mechanically, electronically or electromechanically operated combination lock, prevents the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically or electromechanically operated combination lock.

dd. "Personalized handgun" means a handgun which incorporates within its design, and as part of its original manufacture, technology which automatically limits its operational use and which cannot be readily deactivated, so that it may only be fired by an authorized or recognized user. The technology limiting the handgun's operational use may include, but not be limited to: radio frequency tagging, touch memory, remote control, fingerprint, magnetic encoding and other automatic user identification systems utilizing biometric, mechanical or electronic systems. No make or model of a handgun shall be deemed to be a "personalized handgun" unless the Attorney General has determined, through testing or other reasonable means, that the handgun meets any reliability standards that the manufacturer may require for its commercially available handguns that are not personalized or, if the manufacturer has no such reliability standards, the handgun meets the reliability standards generally used in the industry for commercially available handguns.

(cf: P.L.2002, c.130, s.5)

2. This act shall take effect on the first day of the fifth month following enactment.

STATEMENT

This bill revises the standards for one of the weapons classified as a "destructive device" under New Jersey law.

Although primarily devices or instruments designed to explode or produce uncontrolled combustion, the statutory definition of "destructive device" also includes weapons which fire projectiles of greater than 60 caliber.

This bill would change that caliber criterion from "greater than 60" to "50 caliber or greater."

The possession of destructive devices is prohibited under New Jersey law. A person who knowingly has in his possession any destructive devices is guilty of a crime of the third degree. A crime of the third degree is punishable by a fine of up to $15,000; imprisonment for three to five years; or both.

In order to give individuals who currently own weapons with calibers of 50 or greater an opportunity to lawfully dispose of them, the bill does not take effect until the first day of the fifth month following enactment.
 
If this is suppose to be a form of gun control, it sucks...
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Most unlawfull people don't use muzzleloaders to rob/kill with...

I feel sorry for the good, law adbiding people of New Jersey..
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What next, redo the New Jersey state quarter because it has muzzleloaders over .50 caliber on the back of it!!!
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Wasn't stupid un-fair laws and regulations one of the reason we had a revolution in the first place?
 
Of course it's "gun control". Everywhere I read in that document I see more gun control.
Quite frankly the idea that laws like the above can even exist in our country raises the back-hair on my neck.
Those who don't believe the old adage about "If you let the camals nose under the tent the next thing you will have is the whole camal in the tent" should just read the above.
It starts with something fairly simple, and then adds paragraph after paragraph expanding its scope until it controls everything. Then as with the above proposal, the paragraphs are revised to include things which could not have been origionally intended.

The really sad part is Lorretta Weinberg probably thinks she is doing something great to protect the population. Truely sad that people with such small minds can get into a position of power that infringes on law abiding citizens rights and solves no problem at the same time.

Remember, "The Road to Hell is Paved with Good Intentions".
 
quote:Originally posted by Claude Mathis:
Does this mean that under current New Jersey law the .60 Cal. is illegal? That's the way it reads...
"This bill would change that caliber criterion from "greater than 60" to "50 caliber or greater."

.50 caliber would actually use a .490 roundball, a loop hope...
grin.gif
 
50 cal means bore size. Those lawmakers don't care what you shoot out of it .490 or even .320 with a heavy patch. They just assume that if it's a 50 cal bore you will (or could) shoot something of 50 cal out of it. Sometime I would like to see statistics on what crimes, if any, were committed using muzzleloaders in the past century.
Horse Dr.
 
quote:Originally posted by Horse Doctor:
50 cal means bore size. I know, I was being facetious...
 
quote:Originally posted by Horse Doctor:
Sometime I would like to see statistics on what crimes, if any, were committed using muzzleloaders in the past century.Why, it was only yesterday that a muzzleloader was used in a "drive by shooting" in Los Angeles. The perpetrator escaped in a covered wagon.
smile.gif
 
quote:Originally posted by musketman:
quote:Originally posted by Claude Mathis:
Does this mean that under current New Jersey law the .60 Cal. is illegal?
That's the way it reads...
"This bill would change that caliber criterion from "greater than 60" to "50 caliber or greater."

.50 caliber would actually use a .490 roundball, a loop hope...
grin.gif
The anti-gun people are using New Jersey as a test laboratory. They know it is liberal, they know it is mainly Demcoratic, except for the northwestern corner, they know its courts are conmtrolled by liberal, anti-Constitutionialist Judges who believe in loose interpretation - very loose. They also know most New Jersey Republican office holders are also liberal or moral eunuchs. Since they can't ouright ban firearms, they are legilsating them to death. Eventually, the right to keep and bear arms will be merely de jure. de facto, it will no longer exist.

So, they will try this bill out there, along with the "smart gun" bill, and the "ballistic fingerprinting bill", becuase they feel they will be passed unopposed. THEN, they acn go after Federal legislation, or try the same thing in other states.

By the way, any Christians on this Board should investigate the position of their own Church hierarchy on the Second Amendment - you might be surprised. I know I was. I'm shopping around for another Christian Church.

Also. I wonder how a state can enact a post facto law? I thought THAT was unconstituional. Since these guns were legally acquired, making owning them later illegal should be unconstitutional. Post Facto laws are not permitted under the Constitution. Also, I thought the government couldn' take private property without just compensation? But then that is New Jersey, and they did the same thing there with the "Assault Rifle Ban".
 
If the 2nd. Amendment falls, how long before the 1st. will too?

You may not be allowed to find a new church if that happens, or any for that matter...

Hell, the muzzleloader forum might be illegal in New Jersey, after all, we talk about muzzleloaders over .50 caliber...
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Americans are loosing their rights bit-by-bit, year-by-year, legislation-by-legislation...

We allow the politicians to widdle it away under the guise of safty.

People of New Jersey voted these people in, they can vote them out... (for now)

I am not a radical or anti-American, but I can spot a red herring when I see one.
 
Musketman, with the supreme court ruling on the campaign finance reform law, the 1st is already on its way out. That law is a direct assault on 1st admendment rights.
 
I always believed that the easiest way to take over the United States is to leave us alone, we'll de-arm ourselves...

Give us a foe, and we tend to band together...

We had a revolution before, who's to say we (the country) can't have another if need be. (I'm sure "BIG BROTHER" just tagged me for that statement, but I still have the right to say that, for now...)

Maybe I'm being paranoid, but what if I'm right?
 
Musketman,
You might be just a touch paranoid, by the way is that a new plaid shirt your wearing?
grin.gif
 
quote:Originally posted by Wick Ellerbe:
Musketman, with the supreme court ruling on the campaign finance reform law, the 1st is already on its way out. That law is a direct assault on 1st admendment rights. Musketman is not paranoid. He is right on the mark. I am over 50 yeaers old. In my half century of life, I have seen basic Consitutional rights of all types gradually eroded by "activist" Judges.

The current Supreme Court, once thought safely conservative has done a radical about change. That change has been due mainly to two Republican appointees who were formerly conservatives/moderates: Sandra Day O'Connor and Kennedy. Only Rehnquist, Scalia and Thomas are now safely termed Conservatives.

O'Connor is actually on record as stating that the United States should take into consideration the sentiments of foreign nations when enacting their laws - CHILLING.

The current Supreme Court has refused to hear a case involving whether or not the right to keep and bear arms is a collective right or an individual one. It refused to review a lower Court decision which violated the First Amendment and the Tenth Amendment in ruling that the State of Alabama had no right to keep the Ten Commandments in the State House.

The First Amendment clearly states: "Congress shall make no law regarding an establishment of religion, or prohibiting the free exercise thereof.." The Tenth Amendment clearly states that those powers not given to the Federal Government by the COnstitution are relegated to the individual states or to the people. The First Amendment restricts Congress. It does not apply to the individual states. In the same vein, the Second Amendment clearly refers to an individual right "the right os the people to keep and bear arms.."

The Federal Courts are creating rules out of thier own imaginations - rules in violation of the very document they have swoen to uphold.
 
Maybe someone should send Lorretta Weinberg the information about the 1.750 caliber cannon which Musketman was so kind to post.

Just the thought of a private citizen having such a weapon of doom should cause her to blow a gasket. Then we would have one less Anti-Gun Zealot to contend with.

By the way, for those who don't know what else is coming in many states, you should read the above laws sections which deal with guns which recognize the shooter and will only fire when the "proper" person is shooting. It is the intent of the Anti-Gun people to make those the ONLY legal gun which can be possesed in their state. This is being done to "protect the children". These laws will go into effect when Colt/S&W/Berrita etc come up with a method which works reasonably well and the "safe gun" is marketed to the public. Some States have excluded their Police from this requirement because most Policemen refuse to use a gun which may mis-function at the drop of a hat. Of course the Anti's don't give a damn about you and your family or your ability to afford such a weapon so it will apply to you.
I'll stop ranting now.
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Don't take my earlier post wrong. I was trying to be cute and maybe big brother is watching. Here in Iowa we are getting a lot of political adds as we have the first in the nation caucuses, one of them is saying that Dean like Bush has been backed by the NRA so mabe you should vote for someone else. They may have just influenced my vote but not the way they think.
 
quote:Originally posted by No Powder:
Musketman, by the way is that a new plaid shirt your wearing?Cute, but I was naked when I wrote this...
(just kidding No Powder)

I have no plaid shirts...
Because that is where the goverment places the micro-cameras, in the buttons of plaid shirts...

Ever notice the "extra" thread hole in the collar button is always missing thread?
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As far as the anti-gun people are concerned, I've known a few over the years, and they DO have guns...

They just don't want us to have them...
 
ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE



STATEMENT TO



ASSEMBLY, No. 3942



with committee amendments



STATE OF NEW JERSEY



DATED: DECEMBER 11, 2003



The Assembly Law and Public Safety Committee reports favorably and with committee amendments Assembly Bill No. 3942.

Assembly Bill No. 3942 amends N.J.S.2C:39-1 to revise the definition of "destructive device" so that it includes weapons of 50 caliber or greater.

Although primarily devices or instruments designed to explode or produce uncontrolled combustion, the current statutory definition of "destructive device" also includes weapons which fire projectiles of greater than 60 caliber.

At the sponsor's request, the committee amended the bill to exempt antique firearms and antique handguns from the 50 caliber limitation. With the amendment, these antique firearms and handguns would continue to be governed by the current "greater than 60 caliber" limitation. Antique firearms and handguns are defined in the statutes as firearms which:

(1) do not fire fixed ammunition or were manufactured before 1898 and for which fixed ammunition is not commercially available; and

(2) are possessed as a curiosity or ornament or for their historical significance or value. The statutory definition of antique handgun includes "replicas."

The committee, also at the sponsor's request, amended the bill to exempt persons who lawfully possessed a firearm of a caliber of 50 caliber or greater on or before the effective date of the bill. This "grandfather" provision will permit those persons to continue to lawfully possess their large caliber firearms. To effectuate this provision, the committee amended the bill's effective date so that it will take effect immediately.

The possession of destructive devices is prohibited under New Jersey law (N.J.S.2C:39-3). A person who knowingly has in his possession any destructive device is guilty of a crime of the third degree. A crime of the third degree is punishable by a fine of up to $15,000; imprisonment for three to five years; or both.



COMMITTEE AMENDMENTS:

An amendment to exempt antique firearms and handguns from the new 50 caliber limitation. With the amendment, these antique firearms and handguns would continue to be governed by the current "greater than 60 caliber" limitation.

An amendment to exempt persons who lawfully possess firearms of a caliber of 50 caliber or greater on or before the effective date. This "grandfather" provision will permit those persons to continue to lawfully possess their large caliber firearms.

Finally, to effectuate this "grandfather" provision, the committee amended the bill's effective date so that it will take effect immediately.





MINORITY STATEMENT

TO

ASSEMBLY BILL, No. 3942

The Republican members of the Assembly Law and Public Safety Committee respectfully dissent from the committee
 
Subject: Gun owners vs doctors


. The number of physicians in the US is 700,000.
B. Accidental deaths caused by Physicians per year is 120,000.
C. Accidental deaths per physician is 0.171. (US Dept. of Health & Human Services)

Then think about this:

A. The number of gun owners in the US is 80,000,000 (yes, eighty-million)!
B. The number of accidental gun deaths per year (all age groups) is 1,500.
C. The number of accidental deaths per gun owner is 0000188.

Statistically, then, doctors are about 9,000 times more dangerous than gun owners.

FACT: NOT EVERYONE HAS A GUN, BUT ALMOST EVERYONE HAS A DOCTOR.

Alert your friends to this threat. We must ban doctors before this gets out of hand. :)

As a public health measure, I have withheld the statistics on lawyers, (for fear that the shock could cause people to seek medical attention.)
 

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