By Evan F. Nappen, Esq.
New Jersey – -(Ammoland.com)- An email was sent out to FFLs in New Jersey. It stated;
“…Mossberg Model 590 Shockwave, Black Aces Tactical DT and the Remington TAC-14.
The New Jersey State Police Firearms Investigation Unit concurs with the Bureau of Alcohol Tobacco and Firearms (BATF) that these pistol grip only designed firearms are legal for sale in the State of New Jersey as a firearm.”
The email further states;
“As such the firearm will be sold utilizing normal retail sale procedures required under Federal and State law. The required State paperwork will include the Certificate Of Eligibility and not a Permit To Purchase A Handgun & Form Of Register.”
This means obtaining one of these firearms is easier than transferring a handgun, and there is no registration.
Counsel disagrees with the State’s legal analysis. (See my June 16, 2017 article “Is the Mossberg 590 Shockwave Legal in New Jersey?” ) However this “interpretation” by the State may provide a defense to a State criminal charge should the State be proven wrong.
N.J.S.: 2C:2-4. Ignorance or mistake
c. A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when:
(2) The actor acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in (a) a statute, (b) judicial decision, opinion, judgment, or rule, (c) an administrative order or grant of permission, or (d) an official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense; or
The defendant must prove a defense arising under subsection c. of this section by clear and convincing evidence.
The State Police also stood by their original position on Bumpfire Stocks as not being permitted.
Below is the email reprinted in full.
NICSAdmin <NICS@gw.njsp.org>
Date: October 16, 2017 at 15:17:27 EDT
To: “NICSAdmin” <NICS@gw.njsp.org>
Subject: ***IMPORTANT MESSAGE FROM THE NJSP FIREARMS INVESTIGATION UNIT***FFLs –
Please be advised that the following decision has been made regarding the Mossberg Model 590 Shockwave, Black Aces Tactical DT and the Remington TAC-14. The New Jersey State Police Firearms Investigation Unit concurs with the Bureau of Alcohol Tobacco and Firearms (BATF) that these pistol grip only designed firearms are legal for sale in the State of New Jersey as a firearm. As such the firearm will be sold utilizing normal retail sale procedures required under Federal and State law. The required State paperwork will include the Certificate Of Eligibility and not a Permit To Purchase A Handgun & Form Of Register.
Firearms with similar design and structure must fall within this definition of a firearm and must not have been manufactured as a “shotgun” (NJSA 2C:39-1n) or meet the Federal requirement of “any other weapon (AOW)” which measures less then 26 inches in overall length. The firearm must also comply with all BATF requirements.
As a result of the recent mass shooting in Las Vegas Nevada the NJSP Firearms Investigation Unit has been asked about the legality of the Bump Stock and Slide Fire Stock mechanisms. In 2011 the matter was reviewed by this unit and dealers were advised at that time that the devices in question were not to be offered for sale in the State of New Jersey. This stance has not changed and no NJ retail firearms dealer shall offer for sale either of these items or similar devices.
Any questions may be directed to the NJSP Firearms Investigation Unit 609-882-2000 x2060 DSG. Brett Bloom.