Posted by: Jay | March 9, 2008

More Absurdity From NJ

Scott Bach has the details on legislation that could send people who lawfully purchased weapons that are now illegal to prison for up to 10 years:

At a March 6 legislative hearing on S1304, which would increase the penalty for possession of such firearms to a potential 10-year prison term, I argued that the higher penalty should apply to violent criminals with guns, but that otherwise law abiding citizens who had purchased the guns when it was legal to do so, who may not know they are banned due to the law’s judicially acknowledged vagueness, who are not involved in criminal activity, and who presently have no legal means to comply with the law, should not be facing 10 years in prison.

As Scott points out, there is no provision in the law for somebody to be able to legally dispose of these weapons. Basically, if you owned one, and you went and turned it in to the local police station, they could arrest you.

Let’s remember what we’re dealing with here. This is the state that classifies .22 plinker rifles as “assault weapons.” The courts in NJ are a joke. This is what a NJ Appeals Court said in the case of Joseph Pelleteri who was convicted of a felony for owning the Marlin Model 60 .22 rifle. At the time, it was a third degree crime. Now it would be a second degree crime. One would think that the courts would do something with regard to NJ’s poorly written laws regarding guns. That’s not the case. They said:

When dealing with guns, the citizen acts at his peril. In short, we view the statute as a regulatory measure in the interests of the public safety, premised on the thesis that one would hardly be surprised to learn that possession of such a highly dangerous offensive weapon is proscribed absent the requisite license.

If the gun had held 15 rounds or less, it never would have even seen the inside of a courtroom. But because it held seventeen rounds, it’s deemed to be a “highly dangerous, offensive weapon.” Now, owning such a weapon could get you 10 years in prison.


In 2004, when the 1994 assault weapons ban was going to sunset and many anti-gunners were wailing about it, I posted an entry on and older blog showing pictures of weapons banned and those not banned. Only those very familiar with the firearms in question had a clue.



  1. The only way to oppose these turkeys is by hitting THEIR pocketbook. I do believe there is a constitutional requirement about depriving citizens of their property without compensation. I would happily surrender my grandfather’s lever action 22 for proper compensation, say $10,000 (It has significant emtional value.), plus the state paying my legal expenses.

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