NJ State Police Say – Mossberg Shockwave LEGAL, Bumpfire Stock NOT LEGAL

By Evan F. Nappen, Esq.

Mossberg 590 Shockwave
Mossberg 590 Shockwave
Evan Nappen
Evan Nappen

New Jersey-(Ammoland.com)-  An email was sent out to FFLs in New Jersey. It stated;

“…Mossberg Model 590 Shockwave, Black Aces Tactical DT and the Remington TAC-14.

The New Jersey State Police Firearms Investigation Unit concurs with the Bureau of Alcohol Tobacco and Firearms (BATF) that these pistol grip only designed firearms are legal for sale in the State of New Jersey as a firearm.”

The email further states;

“As such the firearm will be sold utilizing normal retail sale procedures required under Federal and State law. The required State paperwork will include the Certificate Of Eligibility and not a Permit To Purchase A Handgun & Form Of Register.”

This means obtaining one of these firearms is easier than transferring a handgun, and there is no registration.

Counsel disagrees with the State’s legal analysis. (See my June 16, 2017 article “Is the Mossberg 590 Shockwave Legal in New Jersey?” ) However this “interpretation” by the State may provide a defense to a State criminal charge should the State be proven wrong.

N.J.S.: 2C:2-4. Ignorance or mistake

c. A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when:

(2) The actor acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in (a) a statute, (b) judicial decision, opinion, judgment, or rule, (c) an administrative order or grant of permission, or (d) an official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense; or

The defendant must prove a defense arising under subsection c. of this section by clear and convincing evidence.

The State Police also stood by their original position on Bumpfire Stocks as not being permitted.

Ban Bump Fire Gun Parts
Ban Bump Fire Gun Parts

Below is the email reprinted in full.

NICSAdmin <[email protected]>
Date: October 16, 2017 at 15:17:27 EDT
To: “NICSAdmin” <[email protected]>
Subject: ***IMPORTANT MESSAGE FROM THE NJSP FIREARMS INVESTIGATION UNIT***

FFLs –

Please be advised that the following decision has been made regarding the Mossberg Model 590 Shockwave, Black Aces Tactical DT and the Remington TAC-14. The New Jersey State Police Firearms Investigation Unit concurs with the Bureau of Alcohol Tobacco and Firearms (BATF) that these pistol grip only designed firearms are legal for sale in the State of New Jersey as a firearm. As such the firearm will be sold utilizing normal retail sale procedures required under Federal and State law. The required State paperwork will include the Certificate Of Eligibility and not a Permit To Purchase A Handgun & Form Of Register.

Firearms with similar design and structure must fall within this definition of a firearm and must not have been manufactured as a “shotgun” (NJSA 2C:39-1n) or meet the Federal requirement of “any other weapon (AOW)” which measures less then 26 inches in overall length. The firearm must also comply with all BATF requirements.

As a result of the recent mass shooting in Las Vegas Nevada the NJSP Firearms Investigation Unit has been asked about the legality of the Bump Stock and Slide Fire Stock mechanisms. In 2011 the matter was reviewed by this unit and dealers were advised at that time that the devices in question were not to be offered for sale in the State of New Jersey. This stance has not changed and no NJ retail firearms dealer shall offer for sale either of these items or similar devices.

Any questions may be directed to the NJSP Firearms Investigation Unit 609-882-2000 x2060 DSG. Brett Bloom.

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    GregJim MacklinRobFranktomcat Recent comment authors
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    Rob
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    Rob

    Morning USA, Here in the UK we all feel pain whenever a haenous act, wether Terrorism or otherwise related takes place.. We are all, as shooting enthusiasts, this side of the pond or yours, exceedingly well regulated based upon years of ever changing and ever more punitive laws. Often changes have been made which affect laws appertaining to firearm owners in the wake of criminal, deranged or terrorist based crimes… When will governments learn that knee jerk legislation to Firearms offences often drives more Firearms into the hands of the very people whom wish to use them with bad intent..… Read more »

    Frank
    Guest
    Frank

    Per the national archives website, there are two commas. Not in the transcript and the actual scan of the document.
    Maybe use a more legitimate website next time?

    tomcat
    Guest
    tomcat

    This gun could be easily concealed under a long coat and do a great amount of damage to a person or several people.
    What do these people think with? They let this one through even without a permit or registration yet make people jump through hoops to own a standard issue gun. I guess we should be happy they gave this one the grace of being legal.

    Wild Bill
    Guest
    Wild Bill

    So now some bureaucrat in NJ has decided, on his own, that something is not covered by Second Amendment Civil Rights. This is how corrupt government will deprive the people of their Civil Rights, by bureaucratic fiat. Every bureaucrat in the several states will take notice. The people need the power to remove bureaucrats by recall vote.

    Matt in Oklahoma
    Guest
    Matt in Oklahoma

    It’s not legal by most state laws

    Rocky
    Guest
    Rocky

    Text of the 2nd Amendment

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    Geoff
    Guest
    Geoff

    And there is only ONE COMMA in the 2nd Amendment as ratified.
    From Wikipedia.
    A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.
    On December 15, 1791, the Bill of Rights (the first ten amendments to the Constitution) was adopted, having been ratified by three-fourths of the states.

    Frank
    Guest
    Frank

    Weird, the national archives https://www.archives.gov/founding-docs/bill-of-rights-transcript, seem to show two comas.
    You could also look at the document yourself.
    But who are we to disagree with an article on a website that anyone can change at any time?

    Jim Macklin
    Guest
    Jim Macklin

    The Congressional Research Service spent several months back in 1970 answering a question I asked my then Congressman Paul Finley [20th IL] abou teh correct punctuation. The answer was ONE COMMA. They reported that was how it was passed by Congress and sent to the States for ratification. But in 1789 there were no duplicating machines, cameras or FAX machines. Different people copying the text often added or left out punctuation and even changed words slightly. The Constitution of 1788 provides for State Militias. It was seen as inadequate protection of te security of a free state so the right… Read more »

    Greg
    Guest
    Greg

    Acutally there is only one comma in the 2A. See national archives for the ratified version of the 2A, Bill of Rights National Archives Milestone Docs Jefferson Imprint.pdf (The Archive will send it to you).

    Greg
    Guest
    Greg

    You need to pay closer attention to what you are reading. Look for the RATIFIED version. It has only one comma. And Congress reprinted the Bill of Rights in 1986. The National Archive stamped it May 20, 1986 and their pdf is named: Bill of Rights National Archives Milestone Docs Jefferson Imprint.pdf