FFL and "bad guns"

[BobA 1,235]

Suppose, just suppose, I inherited a gun that was not a legal gun in PRNJ.  Would an FFL be allowed to ship it for me to a buyer in a state where the gun is legal?

[PK90 3,569]

Why involve someone else in your crime? Ship it yourself.

 

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[BobA 1,235]

Why involve someone else in your crime? Ship it yourself.

 

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Assuming their state needs an FFL too.

[PK90 3,569]

Choice is up to acquiring dealer. Use a PA or DE dealer if your NJ dealer doesn't want to. Your info will be recorded as having it, so .......

 

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[Sota 1,191]

If the firearm in question were disassembled, such that the portions that make it "illegal" are separated from the portion that actually constitutes a "firearm" (frame, lower, etc.) and only the "firearm" portions were sent by FFL to FFL, and the rest of the portions were sent by common carrier, would that solve the problem?

[BobA 1,235]

If the firearm in question were disassembled, such that the portions that make it "illegal" are separated from the portion that actually constitutes a "firearm" (frame, lower, etc.) and only the "firearm" portions were sent by FFL to FFL, and the rest of the portions were sent by common carrier, would that solve the problem?

Not bad.  I'll ask.  There's always a trust issue when buying online.

[BobA 1,235]

Choice is up to acquiring dealer. Use a PA or DE dealer if your NJ dealer doesn't want to. Your info will be recorded as having it, so .......

 

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True.  The "karma" could still come back to me.  

[PK90 3,569]

Piggybacking on what sota said, take off the stock and send that directly to the buyer. The NJ dealer should log in the rest of the firearm as a "receiver" only. A receiver is not a NJ SAW, as it is not a rifle, shotgun or handgun.

 

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[kman 56]

Bringing a NJ illegal gun to a NJ dealer is just a bad idea - he logs it in within the borders of NJ under your name, ID and address?  It's like signing a statement you committed a crime.  Just a bad idea all around.

 

If you want to be rid of it, take it to Pennsylvania and sell it to a dealer there.  AF Boyer Hardware (google it) is a PA FFL and will give you a good cash price right on the spot.

[Screwball 483]

True. The "karma" could still come back to me.

You could send it to a FFL that allows private individuals to send. Make sure a copy of the D/L is in the box, and they have everything they need for their book.

 

NJSP jurisdiction ends at the Delaware River... they don't have direct access to that FFL's book. ATF doesn't care about state laws. So, unless the FFL wants to be a dick, and call up the NJSP, it ends there. Besides, at that time, it is out of your possession...

 

Let's say it is something like a M1 Carbine... where it is C&R. Goes directly to that buyer, and he logs it in his book. Same applies.

 

The right way is to go to a local department, turn in the weapon as being contraband, and state it came into your possession via inheritance. Or find a "buy back" and get money for it (what do assault weapons usually get... $200-250).

 

Another thing to look for is to see if the deceased relative registered it as an assault weapon when the legislation went into effect. If you have that documentation, I'm pretty sure an FFL can send it out of state (don't know if inheritance allows it to be transferred for the purpose of sale), then let the NJSP know it was sold.

 

No lawyer... so all for discussion, not legal advise.

[GRIZ 3,369]

Screwball pretty much offered all your options.

 

If it was a registered as an AW in NJ the heir has something like 90 days to dispose of it. That's in the law.

 

If one doesn't know if it's legal that needs to determined. Legal AWs in NJ (M1A, M1 carbine, and AR15) are registered as operable or inoperable with NJSP. If it's not one of these 3 guns its illegal and should be turned in. That's the only safe way to deal with this issue.

 

Sending it to an out of state leaves a paper trail that you possessed it in NJ. Taking it to an out of state FFL does not prove you possessed the gun in NJ.

 

Others have offered different suggestions.

 

One would need to consider how much risk they want to take. The potential of becoming a felon is not one I would choose.

[matty 810]

How about not posting all over the internet what you are doing? 

[BobA 1,235]

You could send it to a FFL that allows private individuals to send. Make sure a copy of the D/L is in the box, and they have everything they need for their book.

 

NJSP jurisdiction ends at the Delaware River... they don't have direct access to that FFL's book. ATF doesn't care about state laws. So, unless the FFL wants to be a dick, and call up the NJSP, it ends there. Besides, at that time, it is out of your possession...

 

Let's say it is something like a M1 Carbine... where it is C&R. Goes directly to that buyer, and he logs it in his book. Same applies.

 

The right way is to go to a local department, turn in the weapon as being contraband, and state it came into your possession via inheritance. Or find a "buy back" and get money for it (what do assault weapons usually get... $200-250).

 

Another thing to look for is to see if the deceased relative registered it as an assault weapon when the legislation went into effect. If you have that documentation, I'm pretty sure an FFL can send it out of state (don't know if inheritance allows it to be transferred for the purpose of sale), then let the NJSP know it was sold.

 

No lawyer... so all for discussion, not legal advise.

 

I like the across the Delaware river scenario.   

[Rob0115 1,105]

What is the firearm in question?

[BobA 1,235]

Apparently he had an AR with all the evil attachments and the widow wants it out of the house. She didn't know anything about it.  But before I see her give it to the people who do their best to see we can't exorcise our right to own one (and probably bring it home) I thought I'd see if there were alternatives where it could be appreciated by someone in a free state.     

[Sota 1,191]

take the gun apart; leave the receiver intact with trigger group and grip, but remove the stock.

mail/transport everything but the receiver/group to an address outside of NJ.

transfer the receiver separately.

 

shut the hell up about it until then.

[JohnnyB 4,321]

^^^^THIS^^^^

Once the lower or upper is removed from the house, neither is illegal. Provided no other ARs live there.

There can be no constructive intent without both pieces. Be sure the lower is not stamped "AR-15".

 

If the lower is removed, a COE should be filled out in duplicate.

[siderman 1,136]

I would investigate if there's any value to it. For example is it an old Colt or just a typical modern dime a dozen AR. Having said that there is some good advice here so be careful with the legalities, both you and the widow. And burn this thread. Lots of out of state forums to get info on it.

[Rob0115 1,105]

If it's a pre-ban colt you cannot make it ok but separating the receiver.  The receiver is the firearm and they are banned by name.  

[siderman 1,136]

If it's a pre-ban colt you cannot make it ok but separating the receiver.  The receiver is the firearm and they are banned by name.  

I know its not likely but how much would it suck if it was a Colt from the 60's that was not registered and worth $2k but no legal way to move it other than turning it in ??? 

[Rob0115 1,105]

I know its not likely but how much would it suck if it was a Colt from the 60's that was not registered and worth $2k but no legal way to move it other than turning it in ??? 

 

It's probably worth that but I'd take it on the cheap and drive it from pickup point to my house in FL.  

[JohnnyB 4,321]

If I were the OP. I would fill out two COEs and take possession of the lower. Provided he has a valid FID card and it's not stamped Colt AR-15.

On a SEPARATE trip, he could take the evil upper to a LGS for compliance work. All perfectly legal and he could then put it back together

and he has a new, legal rifle.

 

If the OP has no ARs at home, he could take the upper and do the compliance work himself at home. Lots of legal ways to handle this!

Just don't transport both parts at once.

[BobA 1,235]

All done.  The widow found an FFL to Double in pieces ship to another.

[Indianajonze 379]

On 4/22/2017 at 10:26 AM, Screwball said:

 

The right way is to go to a local department, turn in the weapon as being contraband, and state it came into your possession via inheritance. Or find a "buy back" and get money for it (what do assault weapons usually get... $200-250).

 

 

nm

[ChrisJM981 924]

actually i was reading about some poor bastard in ny that did just that and was arrested on the spot. i'd personally just keep it and stow it in the recesses of your safe. at some point either 1. the laws here will be ruled unconstitutional or 2. you'll move

I was thinking a Mono Vault burial tube and some industrial desiccant.

[Indianajonze 379]

On 4/24/2017 at 9:43 PM, ChrisJM981 said:

I was thinking a Mono Vault burial tube and some industrial desiccant.

 

nm

[T Bill 649]

Got a septic system? Vacuum seal it, put it a PVC tube and drop it in!