In New Jersey, Collectible Carbine Is An ‘Assault Weapon’

Law Shield wishes there weren’t crazy gun laws that negatively affect regular folks, but sad to say, there are plenty of draconian, misguided, nutty gun regulations out there — particularly in New Jersey.

A gentleman named Danny Burt is caught in a New Jersey Catch-22.  In 2013, Burt was the target of a temporary restraining order, which, according to New Jersey law, meant the state had grounds to confiscate the 21 guns he owned.  Among his collection was an M1 Carbine, a family heirloom, given to him legally in 2006 by his grandfather.

After the TRO expired, he attempted to retrieve his M1, but under state law, the carbine was an “assault weapon.”

From the decision: “Possession of an assault firearm is a second-degree crime under N.J.S.A. 2C:39-5f.  As the prosecutor correctly asserts, ‘the weapon is contraband [which] can never be returned to [Burt].’

“Accordingly, because Burt has had a weapon seized as a result of a domestic violence complaint that has not and can never be lawfully returned to him, he is subject to the specific disability under the Gun Control Law contained in N.J.S.A. 2C:58-3c(8).”

Further, the decision says Burt “stipulated to a statutory basis for forfeiture, namely his possession of an illegal assault firearm, the M1 carbine, resulting in a judicial finding disqualifying him from gun ownership in New Jersey and revoking his firearms purchaser identification card.”

What do you think about Mr. Burt’s plight?