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Bang / Guns
See other Bang / Guns Articles

Title: Grandfather's WWII rifle is an illegal assault weapon, court rules (NJ)
Source: New Jersey On-Line
URL Source: http://www.nj.com/cumberland/index. ... s_an_illegal_assault_weap.html
Published: Sep 22, 2015
Author: Don E. Woods
Post Date: 2015-09-22 22:37:53 by Hondo68
Keywords: None
Views: 1630
Comments: 12

 A 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.

CRIME WEAPONS VIOLENCE AMMUNITION GUN CONTROL DANGEROUS ASSAULT RIFLE FIREARMS MILITARY SURPLUS GUNMAKER REBUILD FORCE LAW LEGAL GOVERNMENT
This file photo shows an M1 carabine. (AP photo) 

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.

Burt lost his 21 firearms and firearm purchaser's identification card, per the Domestic Violence Forfeiture Statute.

The M1 carbine could not be returned to him because it falls under the definition of an assault firearm, which is illegal to possess according to New Jersey law.

In a motion filed by Burt, he told the court that he acquired the rifle in 2006 from his grandfather, who served in World War II.

"Burt claimed the rifle had considerable sentimental value to him, and that he had no knowledge as to whether the gun was operable," the decision states.

In response, the court offered its sympathy but reiterated that the rifle is illegal to own under current New Jersey law.

Burt appealed the decision but, in its Sept. 15 decision, the New Jersey Superior Court Appellate Division ruled that the assault rifle could not be lawfully returned to him.


Poster Comment:

NJ Governor Crisco...

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Begin Trace Mode for Comment # 9.

#3. To: hondo68, *Bang List* (#0)

The M1 carbine could not be returned to him because it falls under the definition of an assault firearm, which is illegal to possess according to New Jersey law.

NJ,nor any other state,can pass laws that violate the Bill of Rights,including the Second Amendment.

Let's be clear about this issue. The 2nd Amendment is NOT about hunting,self-defense,or gun collecting. It reason to exist was to make sure the common American citizen had access to military grade firearms in order to take the country back from an out of control government whose police and military forces are equipped with military grade firearms.

No,it does NOT mean citizens have a Second Amendment right to a Nuclear weapon,and artillery field piece,or any other crew-served weapon. Those were to be owned and controlled by cities or county seats,and the citizen soldiers were to come forward to man them in the militia is called out. The FF's clearly wrote that when the militia reported they were to be armed with arms typical of the individual infantry soldier because that is who and what they would be facing.

In other words,NJ MIGHT be legally able to ban private possession of shotguns or semi-auto rifles,but NOT ban military rifles or full-auto weapons suitable for carry by the typical infantry soldier. Such as a M1 or M2 Carbine.

sneakypete  posted on  2015-09-22   23:13:07 ET  Reply   Untrace   Trace   Private Reply  


#7. To: sneakypete (#3)

NJ,nor any other state,can pass laws that violate the Bill of Rights,including the Second Amendment.

Pete. They can and they do.

Not lawfully.

A K A Stone  posted on  2015-09-23   7:48:41 ET  Reply   Untrace   Trace   Private Reply  


#9. To: A K A Stone (#7)

"NJ,nor any other state,can pass laws that violate the Bill of Rights,including the Second Amendment."

The Founding Fathers must be spinning in their graves.

misterwhite  posted on  2015-09-23   8:51:39 ET  Reply   Untrace   Trace   Private Reply  


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