So I’ve been having an interesting discussion with my local Gunsmith (great guy, I highly recommend him) about what does or does not constitute a “feature.” Particularly as it pertains to threaded barrels and muzzle devices. My first point of contention was that I was always under the impression that a threaded barrel with a flash hider on it counts as just ONE feature. This is due to the way that the AG’s directive is worded:
A. semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 of the following:
a folding or telescoping stock;
a pistol grip that protrudes conspicuously beneath the action of the weapon;
a bayonet mount;
a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
a grenade launcher;
I feel like, if they were meant to be two SEPARATE features, they each would have each been given their own number. Never-the-less, I do see where you COULD make an argument as to them being separate features and its generally better to be safe than sorry. The second point of contention is whether or not it is ok to pin a flash hider on a rifle with traditional stock. To use a specific example, I purchased a Mini 14 tactical which comes with a 16 inch threaded barrel and a flash hider. He’s saying that’s two features (fair enough). But he’s also saying that, even if we pinned the flash hider on, it’s still illegal, and that I would instead need to change the flash hider out for a muzzle brake. That confuses me because, on a number of occasions, I have purchased pistol grip AR’s and AK’s with pinned muzzle brakes with no issues. By the same logic he is using, a pinned muzzle brake on a rifle with a pistol grip would still be illegal because that’s two features (a pistol grip and a threaded barrel). It’s always been my understanding that a pinned muzzle device negates the threaded barrel as a feature. So a traditional stock mini-14 with a pinned flash hider would only have ONE feature (the flash hider) and, thus, it’s legal. Anyone can feel free to chime in on this, but I’m particularly interested in hearing from anyone with an FFL on here as to their interpretation.
Exactly! You did not purchase them with ‘Flash Suppressors’. You can pin a brake or compensator but not a flash suppressor as that is specifically restricted in the law.
Yes a flash suppressor is one of the “evil features,” of which you can’t have two or more. A flash suppressor, in and of itself, is not illegal. If you have a rifle and its ONLY evil feature is the flash hider, then you’re good.
Assuming you’re talking about a traditional stock, and not a pistol grip version of the Mini-14 Tactical, you can have the flash hider and you don’t have to pin it.
I think you’re saying the gunsmith in question is saying that when you screw the flash hider on you have 2 evil features:
Flash hider
Threads that can accept a flash hider
This makes no sense. The threads cannot accept a flash hider if they already have a flash hider installed.
Without a pistol grip the Mini-14 has 1 evil feature - the threaded barrel. It is not a NJ assault weapon.
If you screw on a flash hider it still has 1 evil feature - the flash hider. It is still not a NJ assault weapon.
I spoke with another local FFL who also said you can’t have a flash hider, it has to be a muzzle brake and it has to be pinned. But I can’t find any statute or AG directive/guideline that confirms this. So either the state police issued some sort of opinion directly to all the dealers changing the official interpretation, or all the FFL’s are just erring on the side of caution. My intention at this point is just to accept the rifle without the flash hider and wait to hear back from NJSP before I decide what to do with it.
Does the gunsmith and this other FFL understand that the gun has no pistol grip?
It doesn’t right? Or a bayonet lug, grenade launcher or collapsible/folding stock?
If they do and still insist on telling you falsehoods, please name and shame them so we can avoid giving them business which allows them to spread this BS.
Yes and yes. It is the Mini-14 tactical model with a threaded barrel and flash hider, so no other features. I don’t intend to name and shame anybody. The Gunsmith in question is a great guy and if he’s erring on the side of caution, then I can’t fault him for that. It’s his business and his perogative what he does to protect his business interests. But I am under no such compunction. If get legal clarification that confirms my opinion I will certainly put a flash hider back on there.
My view is that if he is saying that the flash hider is illegal on this gun, he should be named because he is being untruthful. Even if he genuinely believes his BS, it still isn’t true.
If he is saying he’s not sure and doesn’t want to take a risk, that at least this is honest, albeit lazy.
A flash suppressor on a threaded barrel would constitute one “evil feature”. As you stated in your original post, these would have been separate items on the list if they were intended to count as two separate “evil features”. A Springfield Armory standard M1A with a flash suppressor is NJ legal without pinning or welding the suppressor on.
Yeah the meaning always seemed plain to me and it honestly never occurred to me that someone might interpret it as two separate features. But I guess to some extent I can understand why a dealer might want to err on the side of caution. Especially down here in the stix of southern NJ. One of our local gun shops got busted in a “sting” recently for failing to ask for the undercover’s FID card when selling them ammunition. So all of the other dealers down here are spooked.
So most of the actual interpretation of this goes back to the 94 federal AWB and ATF rulings.
Flash suppressor = 1 feature.
threaded barrel = 1 feature.
Flash suppressor screwed on threaded barrel = 2 features.
Flash suppressor pinned and welded on threaded barrel means it is permanently attached and considered part of the barrel. i.e. the threads went poof and you just have a flash suppressor. = 1 feature.
Muzzle break on a thread barrel = 1 feature.
muzzle break pinned and welded. = 0 features as it is now part of the barrel and has no threads.
Muzzle break that is a suppressor host that has threads pinned and welded = 1 feature. Because it is now considered an integral part of your barrel, your barrel still has threads.
The NJ AWB actually preceeded the federal one and doesn’t have a feature list to this day. “Substantially identical” was meant to be plain in its meaning (it isn’t). So much so that it was challenged and a lower court judge ruled that it was too ambiguous to be enforced. The state elected not to appeal the decision bc, if it made it’s way to the supreme Court of NJ and they concurred with the lower court, the opinion would become case law and the entire AWB would fall apart. So by that time the federal AWB was a thing so the AG at the time decided to issue guidelines directing all law enforcement to interpret substantially identical using the feature list from the federal ban. It may be that people are presuming to use the ATFs interpretation, but that interpretation doesn’t matter. The feature list is not part of the law. It’s the NJ AGs opinion, which matters only in so far as you are likely to be charged with a crime based on that standard. But if you are wealthy enough to take the case to trial, the prosecution isn’t even allowed to bring up the AGs guidelines bc it could prejudice the jury into thinking the AGs opinion has the force of law when, in fact, it doesn’t. We had a case in Cumberland County back in 2009 where a guy was charged for possessing and AR with an adjustable stock and pistol grip. He took it to trial and won bc his primary witness (a retired trooper from the firearms unit) convinced the jury that the rifle was not substantially identical to any of the firearms on the AWB list. He ended up getting his rifle back but the prosecutor’s office kept the stock. Which I think is bullsh*t. And I work there.
There are semi colons ; separating each item. There isn’t a semi colon separating the flash suppressor language from the threaded barrel language because they aren’t separate items.
As for NJ FFLs being overly cautious right now, that is statewide. Platkin went after a North Jersey FFL as well, at the same time as the South Jersey dealer, for conducting their business in a completely legal manner. He is using a law passed in 2023 that says FFLs must conduct their business in a “Reasonable Manner” (which this law doesn’t define what that term even means) to sue FFLs civilly. He didn’t charge them criminally because what they did isn’t illegal. But, since FFLs don’t have unlimited tax payer money to defend against his blatantly unconstitutional actions, they are mostly going to capitulate.