Finally filed my paperwork in Spotswood & a few questions...

[StriderTB 10]

I'd been putting off getting my FID card for too long, so I finally stopped by my local PD and took care of business. Walked in, paid up and got fingerprinted. Officer was a cool guy.

 

I did chuckle to myself when the clerk I handed my paperwork to told me that it often takes 6 months for the permit to arrive. Typical.

 

I also had a question regarding inheriting a firearm in NJ. My Father passed away in 2002, and seeing that I didn't have the proper firearms permits at the time, my Uncle took possession of his firearms for the time being. Now that I'm on my way to getting my permits, what do I have to do to legally own these guns?

 

Thanks!

Jim

[Malsua 1,422]

what do I have to do to legally own these guns?

 

Your father willed them to you, they are legally yours without paperwork.

 

You uncle was holding them (probably illegally) and now they've moved to you.

 

If however your uncle somehow took legal possession of them via permits or transfers, then you'll have to do the same to get them. FID and pistol permits apply.

[StriderTB 10]

Unfortunately, my father passed without a will when he was 54. I don't know the details of the transfer to my Uncle, but he's a legal gun owner. I'll ask him what the process was and get the ball rolling.

 

They were mostly long guns, hunting rifles and whatnot, but there was an old 1911, and a Walther P-38 that my Grandfather brought back from WWII that he's holding for me. I'll need a permit for each pistol to transfer them to my name?

[Malsua 1,422]

You didn't need an FID or Pistol permits to inherit those guns at the time. You needed to be legally able to get those permits. It's a grey area. Basically if you're not a felon, drunk, mental or wife beater, nothing needed to happen.

 

If they were dispensed in a legal document(I.e. documented in the estate) to your uncle then you'll have to do transfer forms from him to you and a pistol permit for each handgun.

 

If your uncle took them for safekeeping, then just go get them. They're yours. You don't need an FID or pistol permits to own them.

[bbk 188]

Best of luck, and welcome to the forums! I must admit, I'm jealous-- a classic 1911 and a P-38 from the War? I'm not even an old-guns type, but I'd be aching to own a part of history like those.

[StriderTB 10]

You didn't need an FID or Pistol permits to inherit those guns at the time. You needed to be legally able to get those permits. It's a grey area. Basically if you're not a felon, drunk, mental or wife beater, nothing needed to happen.

 

If they were dispensed in a legal document(I.e. documented in the estate) to your uncle then you'll have to do transfer forms from him to you and a pistol permit for each handgun.

 

If your uncle took them for safekeeping, then just go get them. They're yours. You don't need an FID or pistol permits to own them.

Ah, thanks for the clarification! I also just found the statute you referred to:

 

13:54-1.13 Firearms passing to heirs or legatees

(a) Notwithstanding the provisions of this subchapter concerning the acquisition of a firearm, a permit to purchase a

handgun or a firearms purchaser identification card shall not be required of an heir or legatee for the passing of a firearm,

upon the death of its owner. A person so acquiring ownership may retain the firearm if he or she meets the requirements

of N.J.A.C. 13:54-1.5 and 1.6.

(b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of the firearm for the

purpose of sale for a period of 180 days, which period may be extended by the chief of police or the Superintendent.

During such period the firearm must be placed in the custody of the chief of police or Superintendent.

© In the case of assault firearms or machine guns disposition shall be in accordance with N.J.A.C. 13:54-5..

 

 

It does seem a bit gray, but the word of the law states that since I'm elegible to get those permits, since I'm already doing so, I'm good to go. Thanks for the explanation!

 

Aside from the P-38 and 1911, there's my old Springfield M1903-A1 that I hunted with, and a Mossberg 500 12 gauge shotgun.

 

I'm thinking about joining the Old Bridge Rifle and Pistol Club since it's only about 5 minutes from my house.

[Malsua 1,422]

Yup, you've got it.

 

I'll only caution you that applying for the permits is not the same as qualifying for the permits. You can still be denied if there's anything in your background.

 

A couple other things to note.

 

Situations where you will need your FPID:

-Buying pistol ammo in NJ

-buying any new guns

 

Situations where you will not need your FPID

-Anywhere not listed above.

 

You don't need to have one to own guns, to transport guns in your vehicle(to a legal destination), to buy long gun ammo, to take them to a range or gunsmith, etc.

 

It's a Firearms PURCHASER ID. That's it. Its not a license, it doesn't make you less or more guilty of a firearms violation or permit you to have a firearm somewhere that you otherwise couldn't already have it(with one minor exception that doesn't really apply. Being that you have it cased on your person in a public area but it's a grey area in the law so don't tempt fate).

[Malsua 1,422]

I'm thinking about joining the Old Bridge Rifle and Pistol Club since it's only about 5 minutes from my house.

 

Definitely do so. Exercise your rights. Not to mention, they are a member of ANJRPC which means you're supporting gun rights here in the state.

[coldsolderjoint 84]

I'm a member at old bridge, I could show you around if you wanted.

[StriderTB 10]

Excellent, thanks for the clarification.

[PK90 3,573]

Perhaps the inheritee was not of the legal age to own them, so the uncle took possession. Now, the transfer must take place with permits. Yes?

[Malsua 1,422]

Perhaps the inheritee was not of the legal age to own them, so the uncle took possession. Now, the transfer must take place with permits. Yes?

 

That's a good question. It does say that if the recipient isn't eligible they have 180 days to dispose of them or longer at the sheriff's discretion. I would think that if it were years before someone would be legal, they'd have to either stay with the police(something they aren't equipped for) or go to a different relative and then normal rules would apply.

[StriderTB 10]

Since my father passed without a will, his possessions are automatically passed along to my Stepmother, I believe. She definitely falls under the criteria of being elegible to inherit the firearms under N.J.A.C. 13:54-1.5 and 1.6.

 

Most of the long guns are in the safe he kept at home and haven't been used since he passed, but my Stepmom gave my Uncle, my father's brother, a few. I guess the confusion stems from the fact that he never left a will.

 

I was 22 at the time, so I was eligible, but no one in the family understood how the law worked and thought that I would need that FID card first.

[Maksim 1,504]

this is already advisor speak.

 

By law, if no will, it goes to spouse.

 

the problems arise, is where the "he said, she said", of what was promised to whom.

[JonF 79]

Strider, small world eh? welcome!

 

regards,

cossie from nasioc!

[StriderTB 10]

Figured I'd run into you around here. I need to take you up on that offer to go down to ShoreShot.

[JonF 79]

Lol, the timing was a coincidence as i too just recently joined. I'm going to SS again tonight, there's a meetup post in the meetup forum for it. So far no replies.

 

[StriderTB 10]

My references both sent in the questionnaires last week. Out of curiosity, when should I start calling my local PD to find out when I can expect my permits? Or am I just being impatient?

 

[Greydaddy 2]

Don't hold your breath.

[cold shot 1]

StriderTB,

 

I had the same thing happen to me - I'm next door to you in Monroe. Detective here is very cool says that typical response is 6 months however he's been getting turnaround from State Police in 30 days which is exactly how long it took for me. Second time around for PP's, it was under 3 weeks.

[StriderTB 10]

Just got off the phone with my local PD, and I can pick up my firearms ID and pistol permit later on today! I filed my paperwork and got fingerprinted on July 10th, so I'm very impressed.

 

 

Time to go shopping!

[Chad 3]

Very cool Strider!!! Congrats.

 

Now that you are officially allowed to be a gun owner, there are some VERY important things you must do after your first purchase. POST PICS! And keep us posted on what you decide to get!!!