GUN COLLECTORS TO GET SHAFTED WITH NEW AW BAN! UNINTENDED CONSEQUENCE OR ASSET CONFISCATION?
Kurt Hulse for Black Wire Media February 2, 2018
With the inauguration of the latest firearms-hating liberal NJ Democrat Governor, Phil Murphy, comes a renewed assault on the Second Amendment in NJ. Senate Bill S548/Assembly Bill A890 seeks to strengthen and expand NJSA 2C:39-1, the Assault Weapons Ban (AWB) in NJ. Murphy says he will sign every piece of gun control legislation that crosses his desk, and the Democrat Legislature is more than happy to oblige. They have been chomping at the bit to reintroduce legislation Christie vetoed; along with even more. Of course, this legislation is unconstitutional and in direct defiance to the Second Amendment, but NJ Democrats have zero concern for the rights our forefathers and subsequent generations fought for and died to protect. NJ never has.
Not only will this legislation affect modern black rifles, it will also affect many historical rifles--rifles that our fathers and grandfathers used to fight for our freedom in WWII, even including many of the enemy’s rifles when they had won. It wasn't bad enough that NJ is the only state in the Union that bans the M1 Carbine by name. The same rifle that the USMC used in the Pacific to defeat the Japanese Military after they attacked Pearl Harbor. Yet in 1990, all M1 Carbines became outlawed without exception in the State of NJ. Many that were brought home or legally purchased through an Act of Congress from the Director of Civilian Marksmanship, were lawfully possessed within NJ borders until 1990. Since then, anyone caught possessing a M1 Carbine in NJ, faces 5 years in prison, a $7,500 fine, and certain destruction of a piece of American history.
Most recently in 2015, a man had his grandfather's M1 Carbine that he brought home from WWII confiscated and destroyed by the State of NJ. Anyone unfamiliar with the M1 Carbine, after reading NJ law, would think it was the most prolific killing device ever designed. To the contrary, it is a semi- automatic carbine that fires a pistol-size round out of a NJ Compliant 15-round magazine. Heck, it even passes NJ AWB “evil feature” test because it doesn't have a pistol grip and only a bayonet lug. Nonetheless, NJ has denied collectors for 28 years the right to own a piece of American History. In 1990, M1 Carbine was worth around $100, today they can sell for 7-12x as much. Of course, NJ collectors weren't compensated when they had to dispose of their M1 Carbines, and they certainly won't be compensated for the profit they lost out on since. Now if the NJ Legislature passes, and Governor Murphy signs, S548/A890, many more pieces of history will be denied collectors in NJ. Under the new proposed regulations, zero so-called “evil features” will be allowed on semi-automatic rifles with a detachable magazine. They also are looking to change the wording of one of those “evil features” from bayonet lug to bayonet mount. What does this mean for collectors in NJ? WWII rifles that include the German G41, Russian SVT-38 and SVT-40, and Swedish AG-42B as well as Pre Vietnam War Argentine FN-49, French MAS-44, MAS-49, and MAS-49/56, Egyptian Hakim and Rasheed would all suddenly be illegal. Why? Because they all have a means to mount a bayonet to the rifle. One cannot help but ask, why should this even matter? When was the last time anyone was killed with a bayonet mounted on a rifle in NJ; if ever?
Facts do not matter to NJ Democrats, they simply want to deny the citizens of NJ from owning firearms and this is another means to their unconstitutional end. Some will say why can’t the bayonet mount be removed from the rifle and be NJ Legal? It can be, but then not only will a piece of history be destroyed, but the value of said piece would be drastically reduced. For instance, a German G41 or Russian SVT-38 in all original condition sells for $5,000 and up. Remove the bayonet lug, and 60% of the value of the rifle would be lost. Likewise for the rest of the rifles. $1,000-2,000 rifles would suddenly be worth $500 to under a $1,000. Even if someone was willing to destroy a historical firearm by cutting pieces off of it, who would compensate the collector for the lost value? There is nothing in the law about compensation, nor is there a “grandfathering” clause for those who legally possessed these rifles before the amended AWB is enacted.
If this new AWB is signed into law, every firearms owner and collector should file suit against the State of NJ. These lawsuits should be backed by all firearms rights organizations such as the NRA, ANJRPC, SAF, and of course, CNJFO. Not only are the Second Amendment rights of NJ Firearms Collectors being violated, but so are our Fourth Amendment rights because it is de facto confiscation of property by the State without compensation.
For too long the rights of firearms collectors, and all firearms owners, have been trampled by the State of NJ. In other states the Civilian Marksmanship Program (CMP), which exists under Act of Congress, can ship firearms directly to the residences of American citizens, but not to those of us in NJ. Additionally, on a federal level, consideration was given for federal licensing for collectors in the form of a FFL03. Yet the State of NJ has unequivocally decided that a Federal FFL03 License has no effect in NJ. Therefore, collectors in NJ have had to pay a NJ FFL01 to transfer firearms and antiques whereas in almost any other state, these could be shipped directly to their door. How many thousands of dollars has this cost collectors in NJ in the form of FFL transfer fees? Yet the funny thing is NJ law specifically mentions in it exemptions for licensed collectors. One particular exemption is from one handgun a month requirement. So not only does NJ not follow the Constitution, or Federal Law, but not even the State’s own laws.
This unequal protection under the law is just another basis for collectors to file suit. Until the State of NJ is dragged into federal court for every abuse that has been committed against all firearms owners, will the tyranny ever end. The State of NJ will not stop until the Supreme Court of the United States has ruled against them. In order for that ruling to happen, all firearms owners and their organizations must ban together and commit to lawsuits, lawsuits, and more lawsuits.
EDITOR's NOTE: Kurt Hulse is an avid gun collector, 2A Patriot and regular contributor to the New Jersey Gun Forums. We welcome him to our staff of freelance writers. This story was edited & vetted for accuracy by CNJFO's Communications Director Theresa Inacker. Photo showing bayonet lug parts on a SKS Sergei Gavrilovich Simonov battle rifle supplied by CNJFO's newest sponsor, Kevin Hilton, President of 6H Tactical. Thank you all. ---Rosey