Tuesday, February 22, 2011

- Amateur Legal Experts



I’ve spent a lot of time introducing new people to the shooting sports. But in NJ, that can’t be done properly without at least a little understanding of the law. NJ is arguably the most anti-gun state in the country. Where you can shoot, when you can shoot, what you can shoot, and how you can shoot it are all highly regulated in my home state. In fact, the laws in NJ are so restrictive, that we’ve stumbled into a habit of arresting people who bought guns legally in other states, just for passing through NJ without going to extra effort. Google it - it’s happened a few times now.

I think it’s a pretty good marker for calling an activity ‘over regulated’ when the laws begin to be contradictory and confusing. That’s been true for ages in NJ’s firearms law. And in an environment like that it takes a good eye to tell the difference between what you can do and what you can’t. Regrettably, not everyone involved in the shooting sports can manage it. As a good example, read the comments for this post.

What you're reading there is a well meaning guy who has an opinion on NJ’s firearms law which is not shared by the majority. In fact, he probably doesn’t realize that the law is a question of opinion at all. This kind of guy and the kind of argument he makes, are both fairly common in the firearms community. And it’s important for the new shooter to know the difference between someone who knows what he’s talking about and someone who doesn’t. Otherwise they can find themselves taking some bad advice and spending a lot of time defending themselves in court.

So how do you know one from the other? Well the surest way to know who you should listen to and who you shouldn’t is that you should immediately be wary of any opinion that diverges from 'the consensus'. Most of the laws are fairly straightforward and unambiguous so there isn't really much debate about their meaning. Bot not all of them are. And in those cases where there is a dispute over what a law actually means, it's important to know the prevailing opinion.

Why does that matter? Well to put it bluntly, they can’t arrest everyone. So even if the prevailing view is wrong and everyone is breaking the law, then you’re still probably OK. Either the law will be changed to make it specific enough to be enforced, or it will be thrown away and the regulators will start from scratch. Both examples can be found in the history of NJ firearm laws, and either way, you'll have a chance to get in compliance.

But an opinion doesn’t have to be the consensus to be correct. Nearly every time I go to the range with my Romanian WASR, someone comes over and tells me that it’s an assault weapon, and will get me arrested if anyone finds out. Put all of those guys together and you’ll have a consensus. I’m confident that my rifle is absolutely legal as the law is presently defined, (and those guys who warn me are usually just trying to help me out) so I go ahead and shoot it anyway.

So the very first thing you should ask yourself if you think a non consensus view is correct is, “What happens to me if this guy is wrong?” If the answer is that you’ll be arrested and spend years in court defending yourself, then ask yourself if the issue is worth it. If you’re confident that you understand the law well enough, like in the previous example of my Romanian WASR, then do what you like. But remember that ‘he told me it was OK’ is not going to be considered a valid defense in court. You'd better get some confirmation from a reliable source first.


In NJ, the people I’ve found with the most reliable advice on firearms law are gun dealers. Unlike the know it all carpenter/plumber/electrician cum lawyers that you meet on the shooting range, gun dealers have skin in the game. They have to be right about the law, or the law will put them out of business. In fact, in New Jersey it’s probably buying things that you’re wondering about, so a dealer is very likely to know from where he speaks. If there is ambiguity in the law, he’ll probably be in a position to tell you so and whether he’ll join in the risk by selling you something should tell you how confident he is. (That doesn't mean everyone who works there knows what they're talking about - be sure what they say passes the smell test and that you aren't talking to Forrest Gump who only sweeps up the place).

I typically buy my guns online, and use the same transfer dealer every time. He’s only collecting a small fee, but I think of him – as the law says I should – as my gun dealer. It’s a guy I’ve come to know pretty well so I trust his view on these topics absolutely. He sold me my WASR, after checking carefully that it met the regs, and my AR15, and every pistol in my house. And over time he’s convinced me that he knows NJ firearms law well enough to keep me out of trouble - at least where my purchases are concerned.

Generally if I want to buy something that I’m not sure is OK in the state, he’s the first person I ask. Who I’m not going to ask, is the guy at the shooting station next to me. More often than not, in my experience anyway, those guys have no idea what they’re talking about. And with that thought in mind, I think it’s perfectly fair for you to ask “OK Tom – how do I know that you know what you’re talking about?” And my answer to that is – fair enough – maybe I don’t. So keep yourself out of trouble and ask someone else. Like I said, I’d recommend a gun dealer.

The ‘range expert’ is an annoyance if you ask me. He can’t tell the difference between a fact and an opinion, and he doesn’t have the sense to mind his own business. It’s an old joke that the more confident a range expert is, the less likely he’s right about what he’s saying. Anyone involved in shooting sports has seen them. And you folks who are new to shooting should know to avoid them. Or at the very least, take everything they say with a big grain of salt.

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