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Grandfather's WWII rifle is an illegal assault weapon, NJ court rules
NJ.com ^

Posted on 10/01/2015 6:38:39 PM PDT by Red in Blue PA

Edited on 10/01/2015 7:18:10 PM PDT by Admin Moderator. [history]

Cumberland County man cannot keep his grandfather's World War II rifle because it is an illegal assault firearm, according to a Sept. 15 New Jersey Superior Court Appellate Division decision.

The New Jersey State Police seized Danny Burt's M1 carbine and 20 other firearms in April 2013 after a temporary restraining order was lodged against him.


(Excerpt) Read more at nj.com ...


TOPICS: News/Current Events; US: New Jersey
KEYWORDS: bang; banglist; cumberlandcounty; gungrab; guns; veteran; worldwarii; wwii
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To: tumblindice
The M1 carbine has been illegal in New Jersey since its (second in the nation!) 1990 assault weapons ban. I think the argument was that it's not that difficult for a competent gunsmith to convert an M1 to full-auto. The real Richard Winters of Band of Brothers fame carried one so modified I read.

Even I know full well that the M1 carbine is strictly verboten here! If it had been my heirloom, I probably would have moved it out of state to freedom or had the action welded and barrel plugged.

Pennsylvania is visible across the river from the New Jersey state capitol building in Trenton, it would be easy enough to walk there, and it's a fairly 2A friendly state. It should be easier for a Trenton gangster to get a Pennsylvania driver's license and buy guns at WalMart than than to acquire a New Jersey FPID card. Pennsylvania has almost exactly the same homicide rate as New Jersey with all of its firearms regulations. All of this regulation has had exactly zero effect.

41 posted on 10/01/2015 7:15:11 PM PDT by Sooth2222 ("In a democracy people get the leaders they deserve." - Joseph de Maistre, 1753-1821)
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To: Red in Blue PA
In 1991, I was offered the option of a position at Bellcore and company paid master's program. The problem was the position was in New Jersey. I chose a different path and stayed in San Diego (before relocating to Idaho in 2000). Didn't hurt my income (it's 3x the 1991 level). Have better 2nd amendment in Idaho.
42 posted on 10/01/2015 7:16:44 PM PDT by Myrddin
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To: Red in Blue PA
Scumbag democrats need to have their breathing rights as tightly regulated as they would the Second Amendment.

The democrat activists have no business in government making laws.

43 posted on 10/01/2015 7:16:54 PM PDT by W. (I piss on the militant muslims & their horrid koran! GTFO of my America!)
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To: Myrddin

Hard to send them out of state when the police have already confiscated the guns using the excuse of a temporary restraining order.


44 posted on 10/01/2015 7:25:59 PM PDT by hoosierham (Freedom isn't free)
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To: 9422WMR

“M1 is semi auto only.....”

Can be either semi of full. The only difference between the M1 and M2 receiver is the marking on the heel (m1 or m2)

It is the installed parts that make it full or semi auto. Up till 1986 a full auto parts kit was easy and cheap to buy to make it full auto. The kits were USGI surplus.

And, yes, you were supposed to register it and pay the $200 tax.


45 posted on 10/01/2015 7:27:31 PM PDT by wrench
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To: july4thfreedomfoundation

You’re right about New York. My father died and we hadn’t even had his funeral yet and the state was demanding his handguns from my mom. You should have saw her start to cry when she got that phone call. We were all there and heard the call.


46 posted on 10/01/2015 7:28:03 PM PDT by MacMattico
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To: VR-21

apparently not by Jerseyans.


47 posted on 10/01/2015 7:32:58 PM PDT by ebshumidors
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To: RC one

Dollars to donuts, he approved the policy..


48 posted on 10/01/2015 7:40:55 PM PDT by sheik yerbouty ( Make America and the world a jihad free zone!)
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To: sheik yerbouty

he said this morning that he thinks they will get bogged down in another Afghanistan style conflict. It’s difficult to not support this move because, on the surface, it seems very desirable. Dig a little deeper, it’s a threat to our way of life. The fact is, Putin is not our buddy and there’s a reason we don’t want him and Assad in control of Syria. Putin is most definitely out to do to America what America did to the USSR.


49 posted on 10/01/2015 7:49:00 PM PDT by RC one (....and subject to the jurisdiction thereof,)
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To: RC one

Long range, maybe. Short range, while 0vomit is in the WH it is better than not killing Isis. God willing,in 2017 we will have a new conservative president..


50 posted on 10/01/2015 7:53:18 PM PDT by sheik yerbouty ( Make America and the world a jihad free zone!)
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To: 9422WMR
and a ton of paperwork to prove its providence

Not trying to be a smarmy English nazi or anything, but the word you're looking for there is "provenance".

51 posted on 10/01/2015 7:57:41 PM PDT by Sicon ("All animals are equal, but some animals are more equal than others." - G. Orwell)
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To: GingisK

Yep, there is a reason the .30 Carbine round was also available chambered in revolvers, but not very popular IIRC.

Less power than a .357 Mag, or thereabouts. Had a M2 in SEA for a spell, was like a popgun, and refused to fire full auto. Might have instilled confidence if it had. otherwise it was like shooting a .22 rimfire..

52 posted on 10/01/2015 7:58:16 PM PDT by doorgunner69
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To: Red in Blue PA
How can a court overrule the official definition of an “assault rifle” from the ATF?

In my book they can’t. This should be overturned, but then I am not a lawyer.

Assault *rifle* has an ATF definition - Assault *weapon* is a media creation that can vary based on state laws (which may or may not coincide with federal laws and/or ATF regulations). This distinction has been kicked around (and exploited) since Bush the Elder was in office.

53 posted on 10/01/2015 8:13:52 PM PDT by Charles Martel (Endeavor to persevere...)
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To: GingisK

But the M1 was semi auto....that was my point.

Big difference between semi auto and full auto. That was my point—not the stopping power.


54 posted on 10/01/2015 8:32:42 PM PDT by Vermont Lt
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To: Red in Blue PA

I agree, under the New Jersey State Law, a British Brown Bess Musket Flint-lock can be considered an assault rifle. It depends on the judge. I understand .50 caliber muzzle loaders are also outlawed in New Jersey.


55 posted on 10/01/2015 8:35:43 PM PDT by Doc91678 (Doc91678)
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To: Red in Blue PA

No kidding. Hope this is appealed. The 2nd amendment does not specify what type of arms one can carry


56 posted on 10/01/2015 8:37:13 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: Vermont Lt
But the M1 was semi auto....that was my point.

The M2 was fully automatic until it malfunctioned. That was frequent. It was used mostly in semi-automatic mode because that was best.

I have fired an M2 in full auto. It is sort of like a fully automatic BB gun. Big deal. Even M-16s seem more impressive; and, I regard the 5.56 round as a BB gun. Real battle weapons are .30 caliber. Like the M1, FN-LAR, G2, BAR, and so on.

I really hated it when they took my M14 and returned an M16. I just hated it.

57 posted on 10/01/2015 8:38:43 PM PDT by GingisK
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To: onedoug

At the end of WWII I believe officers were allowed to buy their semi-auto weapons like the M1 Carbine and M1 Garand for a nominal price. Full autos like Thompsons and BARs were verboten.

After the war the military surplussed a bunch of them and distributed them to the general public through mechanisms like the Civilian Marksmanship Program (CMP), again for a nominal price. Something like $5 per (which was a lot more then than now)


58 posted on 10/01/2015 8:46:19 PM PDT by tanknetter
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To: Red in Blue PA
I got a paratrooper M1 Carbine and it too is an illegal assualt weapon in certain states. It has a bayonet lug, a detachable 15 round magazine, a colapsable stock, and is semi-automatic. How evil is that?

Truly sad, as for many years an M1 30 cal carbine was not considered to be powerful enough to hunt deer with. Oh well.

59 posted on 10/01/2015 8:56:28 PM PDT by Robert357 (D.Rather "Hoist with his own petard!" www.freerepublic.com/focus/f-news/1223916/posts)
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To: Vermont Lt

It preceded the German Sturhmgeher. Name your candidate then.
I’m just going by what gun authority Patrick SWeeney wrote in his seminal book on fully automatic weapons.
It was the first selective fire, intermediate cartridge, military rifle in the world that satisfied the definition of an “assault rifle.”


60 posted on 10/01/2015 9:05:25 PM PDT by tumblindice (America's founding fathers: all armed conservatives.)
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