Assault Firearms Guideline.docx

**[Assault Firearms (August 1996)]** **Substantially Identical**  New Jersey law lists firearms that are prohibited \"assault firearms.\" N.J.S.A. 2C:39-1w.(1).  **[A firearm is NOT substantially identical to a listed assault firearm unless it is identical except for differences which do not alte...

**[Assault Firearms (August 1996)]** **Substantially Identical**  New Jersey law lists firearms that are prohibited \"assault firearms.\" N.J.S.A. 2C:39-1w.(1).  **[A firearm is NOT substantially identical to a listed assault firearm unless it is identical except for differences which do not alter the essential nature of the firearm.]**  The following are examples of manufacturer changes that do not alter the essential nature of the firearm: (NOT ECLUSIVE)  1. 2. 3. 4. **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:**  **[Semi-automatic RIFLE:]** 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:  Has the ability to accept a detachable magazine **and has at least 2** of the following:  - - - - - **[Semi-automatic PISTOL]:** should be considered to be \"substantially identical" if it meets the below listed criteria:    Has the ability to accept a detachable magazine **and has at least 2** of the following:  - Ammunition magazine that attaches to the pistol outside of the pistol grip  - Threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer  - Shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non trigger hand without being burned;  - Manufactured weight of 50 ounces or more when the pistol is unloaded; and  - Semi-automatic version of an automatic firearm;   **[Semi-automatic SHOTGUN:]** that has at least 2 of the following:  - - - - **Inquiries from Private Citizens**  - Law enforcement officers should, whenever possible, attempt to be helpful and to respond to inquiries concerning particular firearms.   - Private citizens should also be encouraged to consult with their own attorneys and, where necessary, referred to the Firearms Unit of the Division of State Police.  **Purpose and Effect of these Guidelines\--CULPABILITY **  *\*\*\*In enforcing this law, prosecutors and police should remember that an assault firearms offense requires proof that the defendant knows he or she possesses an assault firearm, e.g., that the defendant knows that the firearm is \"substantially identical\" to one of the named assault weapons.*  **ASSAULT FIREARMS CHART**  **Semi-Auto Rifle**  **Semi-Auto Pistol**  **Semi-Auto Shotgun**  ------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------- **Ability to Accept Detachable Magazine PLUS 2:** **Ability to Accept Detachable Magazine PLUS 2:** **At least 2 of the Following:** Folding/Telescoping Stock Ammunition magazine that attaches to the pistol outside of the pistol grip Folding or telescoping stock; Pistol Grip beneath the action Threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer Pistol grip that protrudes conspicuously beneath the action of the weapon; Bayonet Mount Shroud attached or encircles the barrel with support hand Fixed magazine capacity in excess of 5 rounds Flash Suppressor/or threaded barrel designed to accept flash suppressor 50 oz or more UNLOADED Ability to accept a detachable magazine.