Wednesday, February 16, 2011

OK – now my head hurts

While doing research for the previous post, I ran across this little gem:

2.  The Springfield M1A rifle is not one of the enumerated firearms which are specifically prohibited under the State assault firearms laws. It has been prohibited in this State as being substantially identical to a named firearm. However, according to the manufacturer's specifications, the M1A has been modified. The modified M1A, which became available in 1994, is not considered to be substantially identical to a prohibited firearm under N.J.S.A. 2C:39-1w(2) and these rules. However, earlier versions of the M1A, which contain at least two 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 a prohibited firearm and continue to be defined as an assault firearm

See N.J.A.C. 13:54-1.2  Definitions

Was the change made from 1994 that significant? (I am not up on my M1A lore).

1 comment:

  1. This is unresearched gun-shop talk, so take it with the salt it demands.

    My understanding is that the "substantially identical" language was intended to give additional discretion in prosecuting possession of anything that looks like the named guns, but after California's substantially-identical standard was stricken down as unacceptably vague, Jersey defaulted to simply enforcing the explicit point system listed in N.J.A.C. 13:54-1.2 section i. So the "M14S type" is banned by name, but equivalent rifles like the M1A are only considered substantially identical if they have enough of the scary features.

    If I remember correctly, the earlier M1As are an unacceptable danger to public safety because they have both a bayonet mount and a flash suppressor, while the later ones are safe for civilian ownership because they can't be used in the bayonet charges favored by street gangs.

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Please keep it civil