Friend in NJ needs help with guns declared illegal by new legislation

[Ed L]

I have a question for NJ people and people familiar with NJ laws. I have a friend who lives in NJ who has a NJ firearms ID and owns a firearm that has been declared illegal by the passage of a recent state law: New Jersey Senate Bill 2846. https://legiscan.com/NJ/text/S2846/2022 . In reading the law, the transporting, selling, or shipping or disposing of a firearm that does not have a serial number is a crime of the second degree. I know that this is aimed at homemade so-called ghost guns; but it has the effect of criminalizing any firearm that does not have a serial number. This includes older firearms that were made at a time before serial numbers were required as well as air guns and muzzle loaders--both of which are considered firearms in NJ. A crime of the second degree in NJ is one which has a prison sentence of 5-10 years, and fines of up to $150,000.

The law as it is written it is insane because it severely criminalizes transporting any firearm that does not have a serial number. In NJ this does not just apply to someone transporting a centerfire firearm that was manufactured at a time before serial numbers were required, but to even air guns and muzzle loaders--since neither of those guns typically have serial numbers and are considered firearms under NJ law.

So if you are someone who is taking a muzzleloader to the range, or if you are historical reenactor who has a muzzleloader as part of your kit you could wind up doing 5 to 10 years in prison if you're transporting it. NJ has a horrible history of prosecuting legal gun owners.

My friend bought a used double barreled shotgun that he bought a while ago that i sold s so old that it does not have a serial number. He is very concerned about the issue because an attorney advised him that the law made possession of the gun illegal.

My friend is a member of US Law Shield and called them up to inquire about this. They had a NJ attorney call him back. According to the attorney, the law criminalizes the mere possession of any firearm that does not have a serial number. My friend was on the phone discussing this with the attorney for 20 minutes. The attorney stated that the Association of New Jersey Rifle & Pistol Clubs had pointed out to the legislators that the bill as it was written would not just apply to ghost guns or home made guns, but would apply to all guns manufactured before a serial number was required, and thus criminalize a lot of otherwise law-abiding New Jersey gunowners. He claims that the legislators responded that they did not care.

In reading the wording of the legislation, it doesn't sound to me like the gun is illegal to possess in his home, although the other restrictions are quite egregious.

The exact wording is item N of the following link: https://legiscan.com/NJ/text/S2846/2022

"Transporting a manufactured firearm without a serial number. In addition to any other criminal penalties provided under law, a person who transports, ships, sells, or disposes of a firearm manufactured or otherwise assembled using a firearm frame or firearm receiver as defined in subsection k. of this section which is not imprinted with a serial number registered with a federally licensed manufacturer, including but not limited to a firearm manufactured or otherwise assembled from parts purchased or otherwise obtained in violation of subsection k. of this section, is guilty of a crime of the [third] second degree."

Also, the law is in effect immediately and provides no provisions for those who have guns that do not have serial numbers to sell them out of state or dispose of them.

I would be interested in hearing what forum members think.

[Ed L]

I re-read the section of the new NJ gun law over again very carefully. I think the law is written very badly and that legal NJ gunowners owners are understandably cautious given some of the things that have happened in that state to law abiding gun owners. After reading everything over carefully yet again, here is an email that I sent my friend. I would be very interested in hearing other people's thoughts on my interpretation--especially NJ residents.

Here is the paragraph in question in subsection N. which could be interpreted by some to suggest that the law bans all guns without a serial number--including old guns that were made at a time when serial numbers were not required: from https://legiscan.com/NJ/text/S2846/2022

“n. Transporting a manufactured firearm without a serial number. In addition to any other criminal penalties provided under law, a person who transports, ships, sells, or disposes of a firearm manufactured or otherwise assembled using a firearm frame or firearm receiver as defined in subsection k. of this section which is not imprinted with a serial number registered with a federally licensed manufacturer, including but not limited to a firearm manufactured or otherwise assembled from parts purchased or otherwise obtained in violation of subsection k. of this section, is guilty of a crime of the [third] second degree.”

Notice that it refers to a violation of subsection K.

Here is what subsection K says. It is clearly referring to newly manufactured guns from parts as in Ghost Guns and guns made from partial receivers as opposed to old guns that are too old to have a serial number. I don't think the lawyer whom my friend spoke to was correct. But I can understand his reason for his interpretation given New Jersey's anti-gun environment. The fact that a NJ lawyer who works in this area provided my friend with the original interpretation led me to believe that he was correct. But given NJ’s history with gunowners, I completely understand why gunowners and lawyers might adopt a cautious stance.

“ k. Purchasing firearm parts to manufacture a firearm without a serial number. In addition to any other criminal penalties provided under law, a person who, with the purpose to manufacture or otherwise assemble a firearm and without being registered or licensed do so as provided in chapter 58 of Title 2C of the New Jersey Statutes, purchases or otherwise obtains separately or as part of a kit a firearm frame or firearm receiver which is not imprinted with a serial number registered with a federally licensed manufacturer or any combination of parts from which a firearm without a serial number may be readily manufactured or otherwise assembled, but which does not have the capacity to function as a firearm unless manufactured or otherwise assembled is guilty of a crime of the [third] second degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction under this subsection shall not merge with a conviction for any other criminal offense and the court shall impose separate sentences upon a violation of this subsection and any other criminal offense.”

[HeavyDuty]

What if he adds a serial number in a low profile place?

[OlongJohnson]

What if he adds a serial number in a low profile place?

a serial number registered with a federally licensed manufacturer

Is he a federally licensed manufacturer?

[HeavyDuty]

Is he a federally licensed manufacturer?

Practically, who would be able to determine where it came from without ATF assistance?

[CCT125US]

Practically, who would be able to determine where it came from without ATF assistance?

My thinking as well. Unless all guns are registered in NJ. In that case how does one suddenly possess, without a paper trail and registration.

[RoyGBiv]

My thinking as well. Unless all guns are registered in NJ. In that case how does one suddenly possess, without a paper trail and registration.

No idea what current law says, but, when I made the mistake of moving to NJ (for a short time, I swear) in the 80's, I packed up my guns in NC and moved them into my rental in NJ. I wasn't aware of any paperwork required by NJ.

Antique gun guy could easily say he possessed it when he moved there, including said serial number, assuming he wasn't a lifelong resident.

That said, I'm 100% against f-ing around with ATF. I'd be looking for a way to get a legit serial or move it out of state. Would an FFL be able to move it without violating the new law?

[JRB]

Immediately destroy the receiver to ATF specs seems to be the only way out. Hacksaw, bandsaw, or preferably a plasma cutter.

Not having to fuck with some bloodsucking politically self-righteous NJ prosecutor that'll happily destroy your life over it > whatever old shotgun or .22 you might have that's now suddenly illegal.

[TGS]

Maybe the venerable @joshs has heard something about this.

[mmc45414]

What if he adds a serial number in a low profile place?

Is he a federally licensed manufacturer?

Practically, who would be able to determine where it came from without ATF assistance?

My thinking as well. Unless all guns are registered in NJ. In that case how does one suddenly possess, without a paper trail and registration.

Seems to me that would raise the ante from inadvertently violating some bullshit new poorly written and haphazardly enacted state law to knowingly violating an established federal law that has been in place since 1934. Does the thing have some significant historic or sentimental value? Or he just doesn't want to be holding the bag?