Hello, have been registered for a while and haven't posted much. I have a chance to buy an mg53 for a great price. It has been rewarded but was a bad job. All parts are there. The bolt will not slide in the rails cause of the bad welding job. The gun is full auto. My question is, I live in NJ. What would it be considered if it cant fire because it was welded crispy? Would I just have to change the trigger assm to make it S.A.? What would make it a non gun?
Thanks for any help.
Question about NJ Law and semi auto
Re: Question about NJ Law and semi auto
fritz1916,
I believe that you have answered your question......"The gun is full-auto".
The M53 would have had to been registered by the manufacturer.......and that manufacturer would have to have had a "Manufacturer's License". How the gun got into New Jersey is anyone's guess. Unless you have a 07/SOT or Class-III License in New Jersey, you are breaking New Jersey law.
Just because the bolt won't slide.......the receiver is the "Machinegun"....and rails can be replaced in the correct locations.
Think about it.....in New Jersey (when I was there) just to purchase a pistol, you had to get a pistol-permit signed off by the State-Police in Trenton.........do you think they will let you keep a machinegun unless you have approved Licenses from both the BATF and the State of New Jersey (?).
Now if I mis-read your posting....and you have an option to purchase a badly rewelded "SA42" made from an M53 parts-kit, then I believe that you are limited to the number of links on a belt to either 9 or 10 (I do not recall the exact limitations.).
Regards, RichardS in MI.
US Army, Retired
Blanksguy2001@charter.net
I believe that you have answered your question......"The gun is full-auto".
The M53 would have had to been registered by the manufacturer.......and that manufacturer would have to have had a "Manufacturer's License". How the gun got into New Jersey is anyone's guess. Unless you have a 07/SOT or Class-III License in New Jersey, you are breaking New Jersey law.
Just because the bolt won't slide.......the receiver is the "Machinegun"....and rails can be replaced in the correct locations.
Think about it.....in New Jersey (when I was there) just to purchase a pistol, you had to get a pistol-permit signed off by the State-Police in Trenton.........do you think they will let you keep a machinegun unless you have approved Licenses from both the BATF and the State of New Jersey (?).
Now if I mis-read your posting....and you have an option to purchase a badly rewelded "SA42" made from an M53 parts-kit, then I believe that you are limited to the number of links on a belt to either 9 or 10 (I do not recall the exact limitations.).
Regards, RichardS in MI.
US Army, Retired
Blanksguy2001@charter.net
Re: Question about NJ Law and semi auto
Thanks for the reply. The gun is in Texas right now. If I changed the trigger assembly to SA, would that make it legal?
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JBaum
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Re: Question about NJ Law and semi auto
It it is a full auto receiver, there is nothing you can do to make the gun legal for the average guy to own, unless it is registered on an ATF Form 4.
Having a semi grip, or no trigger group at all doesn't make it legal. If it isn't in the possession of a manufacturer (if it's registered that way), or on a Form 4, it's illegal anywhere in the country, unless it has had the bolt block installed and the grip hole enlarge, but if it had those to modifications, it wouldn't be a full auto receiver.
For the record, there is no such thing as a Class III license. There are Class III guns, and there are Special Occupational Taxpayer Classes 1, 2, and 3 that require particular Federal Firearms Licenses, but there is no license that simply permits you to possess a machinegun. For the average person to possess a transferable MG, you need an approved ATF Form 4 for the registered gun.
Having a semi grip, or no trigger group at all doesn't make it legal. If it isn't in the possession of a manufacturer (if it's registered that way), or on a Form 4, it's illegal anywhere in the country, unless it has had the bolt block installed and the grip hole enlarge, but if it had those to modifications, it wouldn't be a full auto receiver.
For the record, there is no such thing as a Class III license. There are Class III guns, and there are Special Occupational Taxpayer Classes 1, 2, and 3 that require particular Federal Firearms Licenses, but there is no license that simply permits you to possess a machinegun. For the average person to possess a transferable MG, you need an approved ATF Form 4 for the registered gun.
Last edited by JBaum on Tue Feb 04, 2014 10:50 pm, edited 2 times in total.
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Re: Question about NJ Law and semi auto
Next time you see Reagan's mug, thank him for at least at the federal level destroying the chance for average Americans to be able to buy full auto guns, FOPA in May of 1986 was his baby, the mythology that the Hughes amendments were 11th hour secrets is rubbish, besides Reagan could have then vetoed it.
Just a reminder, BOTH parties defile the 2nd Amendment, though Democrats have been taking it to a new level as of late.
Just a reminder, BOTH parties defile the 2nd Amendment, though Democrats have been taking it to a new level as of late.
“… corporations have been enthroned, and an era of corruption in high places will follow, … until all wealth is aggregated in a few hands and the Republic is destroyed.”
- Abraham Lincoln (Republican), Nov. 21, 1864
- Abraham Lincoln (Republican), Nov. 21, 1864
Re: Question about NJ Law and semi auto
Do not take possession of it. I would not even want it as a parts kit in its current form. Sounds like a trap to me. If you really want one, buy a parts kit, do some research here and go from there.
Re: Question about NJ Law and semi auto
Thanks for the info. Just out of curiosity, what is done to a display receiver that makes it legal?
Thanks
Thanks
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JBaum
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Re: Question about NJ Law and semi auto
A dummy gun is legal because there is no way for it to be fired, so it's not a gun. It might be the bolt has been welded to the barrel with the barrel welded to the receiver, it might not be a real receiver, just something that looks like one from the outside, it could be made of plastic. I've seen "barrels" made out of ABS plastic pipe. Bolts might not fit due to a block of steel welded into the receiver. The receiver might be a solid block of aluminum, with no hole to even put a bolt in it.
Re: Question about NJ Law and semi auto
Hi folks--
I just want to clarify several aspects of the NJ gun laws. Please don't flame me as most of these laws are the result of a decades old entrenched "democratic" political machine. We in NJ have been fighting to get these laws repealed and resisting any new ones. This thread is to focus on the MG42 as a "home built." There are other semi auto guns like the M1917 and M1919 that this can also apply to.
First, in the State of NJ it is illegal to made, built or manufacture any firearm (even for personal use) without proper NJ licensing (NJ also requires Federal licensing to be legal) even though Federal law says one can built for personal use. So building a personal semi-auto MG42 is a no-no. NJ being NJ does not recognize any other licensing from neighboring states. Everything is done through FFL to FFL. So buying in another state and physically bringing the firearm into NJ as an individual is a major no-no.
Second if you should have a legally manufactured semi-auto MG42 outside NJ and want it shipped in. The gun can not be defined as an "assault weapon" under NJ laws. In the case of a semi-auto MG42 rifle, it cannot have more than two "evils." "Evils" being defined as a flash hider, pistol grip under the action, detachable ammunition reservoir, bayonet lug, threaded barrel, grenade launcher and folding/collapseable stock. The NJ laws are so confusing the NJ State Attorney General had to come out with this intrepretion of the laws and that what is be used for enforcement purposes. So in the case of a semi auto MG42 you can only have a pistol grip (Grip Stick) and detachable ammunition reservoir (15 round belts only, another separate NJ gun law). So the traditional MG42/MG3 flash hider has to be milled off to be NJ legal or modified to be a faux flashhider. But if you want to put one of those rare MG42 compensator on your semi-auto MG42 thats OK. Confused yet!
And lastly is the NJ ban on high capacity magazines (detachable ammunition reservoir) in the case of the semi-auto MG42 you can only have 15 round belts. If you are using M13 metal links which is a NATO standard link which can be used in a semi-auto MG3, only 15 round belts can be assembled.
Private ownership of full-auto weapons is illegal in NJ. There are exceptions for private security companies, police and military and "Class III" dealers and manufacturers.
Confused yet! Bottom line is you can't do a home built in NJ without proper licensing. If a semi-auto MG42 is done outside of NJ and shipped in. The gun cannot be an assault rifle under the NJ definition of an Assault Rifle, it must have two or less "evils" and must be shipped through a FFL holder. All belts have to physically be 15 rounds or less. No empty spacing of cartridges in the belt.
Please don't not apply the above laws to all firearms. There are different provisions in the NJ assault weapons law for semiautomatic pistol and shotguns.
Hopefully I did not throw any more mud on the situation and just tried to be informative.
--fjruple
I just want to clarify several aspects of the NJ gun laws. Please don't flame me as most of these laws are the result of a decades old entrenched "democratic" political machine. We in NJ have been fighting to get these laws repealed and resisting any new ones. This thread is to focus on the MG42 as a "home built." There are other semi auto guns like the M1917 and M1919 that this can also apply to.
First, in the State of NJ it is illegal to made, built or manufacture any firearm (even for personal use) without proper NJ licensing (NJ also requires Federal licensing to be legal) even though Federal law says one can built for personal use. So building a personal semi-auto MG42 is a no-no. NJ being NJ does not recognize any other licensing from neighboring states. Everything is done through FFL to FFL. So buying in another state and physically bringing the firearm into NJ as an individual is a major no-no.
Second if you should have a legally manufactured semi-auto MG42 outside NJ and want it shipped in. The gun can not be defined as an "assault weapon" under NJ laws. In the case of a semi-auto MG42 rifle, it cannot have more than two "evils." "Evils" being defined as a flash hider, pistol grip under the action, detachable ammunition reservoir, bayonet lug, threaded barrel, grenade launcher and folding/collapseable stock. The NJ laws are so confusing the NJ State Attorney General had to come out with this intrepretion of the laws and that what is be used for enforcement purposes. So in the case of a semi auto MG42 you can only have a pistol grip (Grip Stick) and detachable ammunition reservoir (15 round belts only, another separate NJ gun law). So the traditional MG42/MG3 flash hider has to be milled off to be NJ legal or modified to be a faux flashhider. But if you want to put one of those rare MG42 compensator on your semi-auto MG42 thats OK. Confused yet!
And lastly is the NJ ban on high capacity magazines (detachable ammunition reservoir) in the case of the semi-auto MG42 you can only have 15 round belts. If you are using M13 metal links which is a NATO standard link which can be used in a semi-auto MG3, only 15 round belts can be assembled.
Private ownership of full-auto weapons is illegal in NJ. There are exceptions for private security companies, police and military and "Class III" dealers and manufacturers.
Confused yet! Bottom line is you can't do a home built in NJ without proper licensing. If a semi-auto MG42 is done outside of NJ and shipped in. The gun cannot be an assault rifle under the NJ definition of an Assault Rifle, it must have two or less "evils" and must be shipped through a FFL holder. All belts have to physically be 15 rounds or less. No empty spacing of cartridges in the belt.
Please don't not apply the above laws to all firearms. There are different provisions in the NJ assault weapons law for semiautomatic pistol and shotguns.
Hopefully I did not throw any more mud on the situation and just tried to be informative.
--fjruple
Re: Question about NJ Law and semi auto
So if I bought it less receiver I can have it sent as parts kit correct? Then I can get dummy receiver and have as a display gun right.? If I find a receiver that has a steel block welded into it would it then be a non gun? Thanks for all the help.
Re: Question about NJ Law and semi auto
I will try to answer your questions as best I could in Red below:
So if I bought it less receiver I can have it sent as parts kit correct? There is nothing illegal about owning a parts kit in NJ. However if you intend to have a newly manufactured semi-auto MG42 receiver shipped through an FFL. The parts kit has to conform to NJ Assault Weapons Laws. Remember the "evils" posted earlier. If you get a belt it has to be no more than 15 rounds. Remember a separate NJ law. A lot of folks do not get to the part in the laws about readily available parts to build an Assault weapon.
Then I can get dummy receiver and have as a display gun right? Yes If I find a receiver that has a steel block welded into it would it then be a non gun?
I have several questions on this part, are you talking about a FA MG42 receiver? If this is so, it is an illegal MG unless properly Federally registered. Or a salvage demil MG42 receiver assembled with to semi-auto configuration? If yes to this question than the gun would have to be made unfireable to be legal in NJ. It would be best for you to contact the Firearms Investigation Unit of the New Jersey State Police on the proper demilling of a firearm to be legal in NJ before you ship it into NJ. If it is a dummy gun than there is no requirement to go through a FFL dealer in NJ as it is a non-gun. Thanks for all the help.
I hope I did not muddy everything up anymore than it was.
--fjruple
So if I bought it less receiver I can have it sent as parts kit correct? There is nothing illegal about owning a parts kit in NJ. However if you intend to have a newly manufactured semi-auto MG42 receiver shipped through an FFL. The parts kit has to conform to NJ Assault Weapons Laws. Remember the "evils" posted earlier. If you get a belt it has to be no more than 15 rounds. Remember a separate NJ law. A lot of folks do not get to the part in the laws about readily available parts to build an Assault weapon.
Then I can get dummy receiver and have as a display gun right? Yes If I find a receiver that has a steel block welded into it would it then be a non gun?
I have several questions on this part, are you talking about a FA MG42 receiver? If this is so, it is an illegal MG unless properly Federally registered. Or a salvage demil MG42 receiver assembled with to semi-auto configuration? If yes to this question than the gun would have to be made unfireable to be legal in NJ. It would be best for you to contact the Firearms Investigation Unit of the New Jersey State Police on the proper demilling of a firearm to be legal in NJ before you ship it into NJ. If it is a dummy gun than there is no requirement to go through a FFL dealer in NJ as it is a non-gun. Thanks for all the help.
I hope I did not muddy everything up anymore than it was.
--fjruple
Re: Question about NJ Law and semi auto
Thank you all for the info. Let me go worst case and say its an FA gun. If he welds a block in the receiver does that make it a non gun?
Re: Question about NJ Law and semi auto
According to Federal Law...."once a machinegun, always a machinegun"....by this I mean that your "wording of "it is a FA"......you need to stop that.
What you want to buy is a "DISPLAY-NON-GUN" that is welded up tighter than "Dick's Hat Band"....something that you can look at but never fire.
Now if you are just trying to get around NJ law so you can fire "Blanks"......then maybe you might want to ask a question about making a Blank-Firing-Only-Non-Gun over in the Blank-Adapting the MG42/Sa42....and we'll just add that into the Thread. There are several good ideas floating around in this area.....but you have to keep it legal.
Last, you are asking questions that you really need to have copies of the New-Jersey law/regulations in front of you.
My suggestions (so that you don't step on your dick and end up in the big gray motel) are:
1: Gather up all of the NJ requirements in writing about making your own semi-auto-rifle. Then review this to see if you can live with what they are saying.
2: Gather up all of the Federal requirements to making your own semi-auto-rifle from a Parts-Kit.........and again, review this information and see if you can live with these requirements.
3: Look for either a "Parts-Kit" or "project-build" that is 80% or less finished (if NJ wil allow you to bring that to "Jersey".....) ...and saee if you can live with that.
4: Next "challange" would be if you have the skills to do the work or the ability to pay someone inside NJ to do the work for you and remain inside the NJ and Federal requirements.
5: If you can't do (or afford the work).....see if NJ will allow a NJ-"Complient" rifle to be brought into NJ through an FFL inside NJ............this may give you the option to purchase something outside NJ, and have the seller modify it to NJ requirements prior to being shipped to the NJ FFL.
6: Again, a last option would be to make up something that could be approved by both BATF and the NJ Attorney-General that would be classified as a Blank-Firing-Only Non-Gun...a Theatrical-Device that just makes noise.....which might be put into the same catagory as a "Gas-Gun" that only fires propane/oxygen for noise (and another option for you in NJ ??).
Blank-Adapting questions (and possibly BFONGs) should be asked in the Blank-Adapting the MG42/SA42 thread to get more exposure.
I don't believe that there is any other way for you to have what you want in NJ and meet both the NJ and Federal requirements. The rest are just "dreams".....or move out of NJ.
Regards, RichardS in MI.
US Army, Retired
Blanksguy2001@charter.net
What you want to buy is a "DISPLAY-NON-GUN" that is welded up tighter than "Dick's Hat Band"....something that you can look at but never fire.
Now if you are just trying to get around NJ law so you can fire "Blanks"......then maybe you might want to ask a question about making a Blank-Firing-Only-Non-Gun over in the Blank-Adapting the MG42/Sa42....and we'll just add that into the Thread. There are several good ideas floating around in this area.....but you have to keep it legal.
Last, you are asking questions that you really need to have copies of the New-Jersey law/regulations in front of you.
My suggestions (so that you don't step on your dick and end up in the big gray motel) are:
1: Gather up all of the NJ requirements in writing about making your own semi-auto-rifle. Then review this to see if you can live with what they are saying.
2: Gather up all of the Federal requirements to making your own semi-auto-rifle from a Parts-Kit.........and again, review this information and see if you can live with these requirements.
3: Look for either a "Parts-Kit" or "project-build" that is 80% or less finished (if NJ wil allow you to bring that to "Jersey".....) ...and saee if you can live with that.
4: Next "challange" would be if you have the skills to do the work or the ability to pay someone inside NJ to do the work for you and remain inside the NJ and Federal requirements.
5: If you can't do (or afford the work).....see if NJ will allow a NJ-"Complient" rifle to be brought into NJ through an FFL inside NJ............this may give you the option to purchase something outside NJ, and have the seller modify it to NJ requirements prior to being shipped to the NJ FFL.
6: Again, a last option would be to make up something that could be approved by both BATF and the NJ Attorney-General that would be classified as a Blank-Firing-Only Non-Gun...a Theatrical-Device that just makes noise.....which might be put into the same catagory as a "Gas-Gun" that only fires propane/oxygen for noise (and another option for you in NJ ??).
Blank-Adapting questions (and possibly BFONGs) should be asked in the Blank-Adapting the MG42/SA42 thread to get more exposure.
I don't believe that there is any other way for you to have what you want in NJ and meet both the NJ and Federal requirements. The rest are just "dreams".....or move out of NJ.
Regards, RichardS in MI.
US Army, Retired
Blanksguy2001@charter.net