Airsoft in the nanny state of NJ

May 11, 2011 7:18 PM

I want to own some Airsoft pistols in NJ, legally and without getting a permit.

...however, the law classifies them as firearms.
Is there a legal way to acquire these toys , assuming I will only be using them inside my own house or in another state?

posted by spacefire to Sports, Hobbies, & Recreation (6 answers total)

Via here and here, it seems you have to be able to prove you're over 18, but otherwise no licensing required. Are you sure the law classifies them as firearms?

From the wiki article:

Under Federal Law, airsoft guns are not classified as firearms and are legal for all ages. This is also the case for the laws in each state. However, in some major cities and population centers the definition of a firearm within their respected ordinances includes propulsion by spring or compressed air, thus making airsoft subject to applicable laws. For example, airsoft guns within the state of California can only be bought by a person above the age of 18. However, no laws indicate an age requirement to sell airsoft guns. The seller must only verify that the buyer is 18 or older. A 6 mm minimum orange tip must be present on the barrel end of the airsoft gun (or clear/transparent body) to identify it as such for any commercial sales.

or via another wiki:

Owning airsoft guns and playing airsoft is legal in most parts of the world. Some countries have specific restrictions,[9] such as maximum muzzle velocity and "unrealistic" colouring to distinguish them from actual firearms. They are legal throughout the U.S, but restrictions do exist in certain cities such as Camden NJ; Chicago, IL; and Detroit, MI. The states of New Mexico and Michigan, however, do not allow airsoft guns to be used or handled publicly because of the resemblance to real firearms. They may be used on private property with the consent of the owner.
posted by bessel functions seem unnecessarily complicated at 9:28 PM on May 11, 2011

On a practicable level; anything already in the US is legal. Shipping within the US is legal.

If you see an airsoft gun in the price range you're in and they're based in the US? (And there are a lot of them.)

You're good.
posted by porpoise at 11:01 PM on May 11, 2011

I don't think what porpoise says is true, since I know for a fact that you can't legally ship alcohol to certain states. Not sure if it applies to airsoft guns, though.
posted by Grither at 5:11 AM on May 12, 2011

NEW JERSEY ADMINISTRATIVE CODE
TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS:

"Firearm or firearms" means any handgun, rifle, shotgun, machine gun, assault firearm, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectile, ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas, or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

My understanding, which is not a legal opinion, is that Airsoft guns are legal in NJ. I believe the basis is that they do not carry sufficient force to injure a person. Anyway, the retailers in NJ assert that they are legal and do sell them. Apparently some in the legislature want them banned and bills have been put forth to clarify that Airsoft guns fall into the definition of "firearm." So far as I know those bills have never progressed very far. If you really want to be safe I would contact the NJ State Police or Attorney General's office. The consequences for mistake are severe as regular BB guns are considered a firearm and there are mandatory minimum prison sentences for possession convictions. OUCH!
posted by caddis at 6:58 AM on May 12, 2011

Is there really answer to this question? Either they are restricted, and you need to follow the law to posses them legally (which may include a firearms permit), or they are not restricted and there are no legal issues. Asking how you can get one legally without following the procedures is a bit nonsensical. Imagine the same question for a real firearm.
posted by smackfu at 7:11 AM on May 12, 2011

I live in NJ, but am not familiar enough with the firearms law to be confident in giving an answer.

However, you might try contacting this NJ airsoft retailer for an answer:

Godfather Airsoft.

They have a NJ store and an arena, so I'm sure they'll know what's what.
posted by de void at 7:48 AM on May 12, 2011