Franklin Armory Announces Lawsuit Against New JerseyThe Firearm Weblog

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Franklin Armory have announced they had been filing a lawsuit against the state of New Jersey. Particularly they have filed suit alleging that by barring them from promoting the Franklin Armory Reformation, New Jersey has violated their 2nd Amendment rights.

Franklin Armory RS11

Franklin Armory RS11 Reformation (Franklin Armory)

The Reformation

Readers may perhaps recall that in SHOT Show 2018 Franklin Armory debuted the Reformation. Mainly a curiosity, the Reformation is an AR-style firearm that simply because of it is lack of rifling, is legally not a “rifle”. In reality, legally speaking, the Reformation is a “firearm” beneath the 1934 National Firearms Act. Having said that, beneath the 1968 Gun Handle Act, it is a “short-barreled shotgun”. You start to see exactly where some of the legal headaches could possibly come from.

New Jersey defines a rifle as, amongst other items, obtaining a rifled bore. Also according to New Jersey state law, a shotgun have to fire a fixed shotgun shell or a single that does not shoot fixed ammunition at all. It does not use shotgun shells, and does fire fixed ammunition. So according to the law as written, it can’t be a shotgun in New Jersey, nor can it be a rifle. So, it can’t match the definition of an “assault weapon” or “sawed off shotgun” beneath New Jersey state law.

But Why New Jersey?

Franklin Armory attempted to sell the Reformation in New Jersey by means of FFLs. They quickly encountered a byzantine net of bureaucracy that would make New York blush. That may perhaps be editorializing slightly, but the point stands. Initially, Franklin Armory was offered the go-ahead to start supplying FFLs in New Jersey. Having said that, they also had to offer New Jersey with a formal letter listing the Reformation’s qualities. At that point, the State Police changed their minds, telling Franklin Armory to halt sales when they awaited a legal opinion from the Workplace of the Lawyer Basic.

Franklin Armory waited 30 days for the opinion letter, but none was forthcoming. So they informed the State Police they would be resuming sales in New Jersey. In response, the State Police barred them from promoting the Reformation in the state. Immediately after some a lot more legal back-and-forth, they received however one more notification from the State Police. In this a single, Franklin Armory was informed that the Reformation is a shotgun beneath New Jersey state law, and as a result an “assault weapon” beneath the New Jersey Assault Weapons Ban (N.J.S.A. 2C:39-1w(three)).

Nicely that is a Mess

Unquestionably a mess. Franklin Armory has now filed a lawsuit against the State of New Jersey. In their filing, which is linked under, they lay out all of the details of the case, and allege that New Jersey has violated their 2nd and 14th Amendment rights, as nicely as violating New Jersey state law. They also allege defamation, civil conspiracy, and deprivation of liberty and home with no due approach of the law.

It will be exciting to see exactly where this case goes, though there will probably be lots of months, possibly even years, ahead of a court returns a verdict. After there is a verdict, it is unlikely there will be any sweeping adjustments to New Jersey law.


Sources:

Franklin Armory Announcement

Franklin Armory v. New Jersey Filing.

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