Thursday, January 20, 2011

Bryan Miller outright lies

In an interview with nj.com, Byran Miller claims “"That Glock 19 is an assault weapon because it has a capacity to take clips from 17 bullets up, and [Loughner]used a 33-bullet clip," Miller said. "In New Jersey, a weapon that can take a clip of more than 15 bullets is an assault weapon and can't be sold.” I find it hard to believe that Bryan Miller does not know what the actual definition of an “Assault Firearm” in the state of New Jersey is. But it is easy enough to look up the statutory definition and the Attorney General’s interpretation of that statutory definition.

The statutory definition is found in N.J.S.A. 2C:39-1w

“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.

Per the NJAG “interpretation” of “substantially identical” we get the following:

A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria:

A. semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 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 flash suppressor; and
  5. a grenade launcher;

B. a semi-automatic pistol that has an ability to accept a detachable magazine and has at least 2 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 and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
  4. manufactured weight of 50 ounces or more when the pistol is unloaded; and
  5. a semi-automatic version of an automatic firearm; and,

C. a semi-automatic shotgun that has at least 2 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 5 rounds; and
  4. an ability to accept a detachable magazine.

Now, the magazine (not the clip) used is illegal under NJ law  - N.J.S.A. 2C:39-1y:

"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.

But a firearm that can accept such a magazine is not, by including such a feature, a banned “assault firearm”. I guess, if you possessed both a firearm that could accept such a magazine and such a magazine you would be in possession of an “assault firearm” (under the “combination of parts” clause if you stretched it hard enough), but simple possession of the firearm wouldn’t do it. And the proof of that is that innumerable Glock 9mm handguns, each and every one of which are capable of accepting a magazine that exceeds the round limit, have been legally sold in New Jersey by licensed firearms dealers to legal and permitted purchasers, each one’s serial # and model having been recorded by the New Jersey State Police via the Permit to Purchase a Handgun which is a legal requirement to obtain before purchase, without a single problem, arrest, &c.

Finally, as a number of people have noted – Laughner did not legally purchase his firearm. He committed perjury and a federal felony when he purchased any firearm by setting down on the form 4473 that he was not a habitual user of illegal drugs.

5 comments:

  1. I think he knows what he's doing. It's like the DC thing, define firearms that can take clips/magazines as machine guns, and lo and behold, their easier to ban. So he's just starting the meme that handguns are assault weapons, and this will be the new push.

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  2. That's some kind of hubris in anyplace outside of DC (and, to be honest, even inside). And pretty liekly to backfire

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  3. Somebody better tell the JerseyGlockers group at GlockTalk.com to keep it on the down-low so the po-po don't find out...

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  4. Crotalus (Dont Tread on Me)January 21, 2011 at 10:14 AM

    I don't know if it'll backfire or not. Seems 57% of the people think that a 30+ round magazine is nothing less than mass murder looking for a place to happen, and that includes some from OUR side (supposedly).

    Word was "Caper". Fitting, for what the gun grabbers are doing now.

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  5. Oh, I expect the local cops to bust in and shoot my cats any second now because of my Glock! /sarcasm

    These guys are partying like it's 1992. But that party ran out of good booze a while back.

    People can count and, 33 is a MUCH bigger # than 10. Most people don't own a 33 round magazine. Many more own a 15-20 round magazine...

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Please keep it civil