NJ609 22 Posted October 16, 2009 It's my understanding that in NJ, if I'm not home and someone breaks in, and my wife uses my XD40, she goes to jail for use of an unregistered gun. True? False? Quote Share this post Link to post Share on other sites
tj462nj 32 Posted October 16, 2009 better than going to the morgue Quote Share this post Link to post Share on other sites
67gtonut 847 Posted October 16, 2009 I am confused.... :? Why is gun unregistered because she used it? Gun was purchased legally.... right? I dont get it..... Quote Share this post Link to post Share on other sites
Urban Grunt 44 Posted October 16, 2009 Either she picks the gun up or scumbag will Quote Share this post Link to post Share on other sites
NJ609 22 Posted October 16, 2009 It is a legal gun, purchased with a valid FID and permit, legally transferred into NJ via an FFL. But I am not there to temp transfer to my wife. So if she uses it.... It's illegal. Correct? Or am I misunderstanding our criminal friendly laws? And yes, it's better than the morgue. We both know that, which is why "we" are asking! Quote Share this post Link to post Share on other sites
matt6669 71 Posted October 16, 2009 It is a legal gun, purchased with a valid FID and permit, legally transferred into NJ via an FFL. But I am not there to temp transfer to my wife. So if she uses it.... It's illegal. Correct? Or am I misunderstanding our criminal friendly laws? And yes, it's better than the morgue. We both know that, which is why "we" are asking! orrrrrr you could buy her, her own gun that she can shoot regularly so that if she ever needs to use it, she'll be familiar with it. Quote Share this post Link to post Share on other sites
PK90 3,569 Posted October 16, 2009 All guns are LEGAL in NJ. The possession is what you need to be concerned about. Possession of all guns is ILLEGAL in NJ, unless you fall under one of the exemptions. Everyone that is not a prohibited person is exempt in their own home. Refer to 2C:39-6e Quote Share this post Link to post Share on other sites
GRIZ 3,365 Posted October 16, 2009 But I am not there to temp transfer to my wife. So if she uses it.... It's illegal. Correct? Or am I misunderstanding our criminal friendly laws Technically you are probably correct. The scenario you describe would make it very different. We're saying it's a clean shoot, no questions, the BG was armed and in your house; I don't think there is any prosecutor that would pursue an illegal transfer case. Keep in mind that the firearm, if acquired while you were married, would also be considered in a property settlement if you were to get divorced. So she kind of owns it too. If she were to use the firearm to commit a crime there is no doubt the prosecutor would go after you too. Quote Share this post Link to post Share on other sites
tony357 386 Posted October 16, 2009 she can legaly use the gun. Quote Share this post Link to post Share on other sites
NJ609 22 Posted October 16, 2009 orrrrrr you could buy her, her own gun that she can shoot regularly so that if she ever needs to use it, she'll be familiar with it. We are at Step 1. You sir, have vocalize step number 2. But it will take MONTHS to get the FID and permits. Go* *32*#@$#@ NJ! Quote Share this post Link to post Share on other sites
NJ609 22 Posted October 16, 2009 Thanks to all the replies btw. I will read up on the code provided. I told her who gives a flip about the law if someones in our house btw but it's always important to be aware of the real deal in case some bad ish goes down. Quote Share this post Link to post Share on other sites
Malsua 1,422 Posted October 16, 2009 To the original question, as PK pointed out, she is perfectly legal. Let me pose another situation that might make it more clear for you. Someone moves in from out of state. I did just such a thing. There is no paperwork required for me to own a gun in my own home. The guns were purchased in a different state. I have no way to prove they are my guns. One I won in a raffle, the other off some guy at a gun show in Canton Ohio. I handed him the money, he handed me the gun. They have no case. The same applies to anyone in your home, minors and prohibited persons notwithstanding. Quote Share this post Link to post Share on other sites
NJ609 22 Posted October 16, 2009 To the original question, as PK pointed out, she is perfectly legal. Let me pose another situation that might make it more clear for you. Someone moves in from out of state. I did just such a thing. There is no paperwork required for me to own a gun in my own home. The guns were purchased in a different state. I have no way to prove they are my guns. One I won in a raffle, the other off some guy at a gun show in Canton Ohio. I handed him the money, he handed me the gun. They have no case. The same applies to anyone in your home, minors and prohibited persons notwithstanding. So even if it's registered in NJ and they know that *I* am the owner then in our home she can use it to defend her life. Sweet. Quote Share this post Link to post Share on other sites
1911Fan 1 Posted October 16, 2009 All guns are LEGAL in NJ. The possession is what you need to be concerned about. Possession of all guns is ILLEGAL in NJ, unless you fall under one of the exemptions. Everyone that is not a prohibited person is exempt in their own home. Refer to 2C:39-6e True information. Quote Share this post Link to post Share on other sites
1911Fan 1 Posted October 16, 2009 she can legaly use the gun. Short and sweet - this sums it up! Quote Share this post Link to post Share on other sites
NJ609 22 Posted October 16, 2009 she can legaly use the gun. Short and sweet - this sums it up! Well, in that case, criminals better watch out! At least in our home anyway! Quote Share this post Link to post Share on other sites
djg0770 481 Posted October 16, 2009 So even if it's registered in NJ What EXACTLY do you mean by registered? You didn't fill out the OPTIONAL registration form did you?? Quote Share this post Link to post Share on other sites
tbtrout 141 Posted October 16, 2009 I think he means the defacto registrtion known as a Pistol Permit. Quote Share this post Link to post Share on other sites
NJ609 22 Posted October 16, 2009 I think he means the defacto registrtion known as a Pistol Permit. Exactly. I'd never fill out one of those garbage communist forms. But the pistol permit is defacto registration. Quote Share this post Link to post Share on other sites
efl15 0 Posted October 16, 2009 what about a 20yo son or daughter? Quote Share this post Link to post Share on other sites
djg0770 481 Posted October 16, 2009 what about a 20yo son or daughter? Leave them the shotgun... Quote Share this post Link to post Share on other sites
MSaxatilus 1 Posted October 16, 2009 I think you guys are missing the answer to your questions. It has already been posted earlier..... All guns are LEGAL in NJ. The possession is what you need to be concerned about. Possession of all guns is ILLEGAL in NJ, unless you fall under one of the exemptions. Everyone that is not a prohibited person is exempt in their own home. Refer to 2C:39-6e Quote Share this post Link to post Share on other sites
djg0770 481 Posted October 16, 2009 I think you guys are missing the answer to your questions. It has already been posted earlier..... All guns are LEGAL in NJ. The possession is what you need to be concerned about. Possession of all guns is ILLEGAL in NJ, unless you fall under one of the exemptions. Everyone that is not a prohibited person is exempt in their own home. Refer to 2C:39-6e And if you're under 21 and it's a pistol - you're a "prohibited person..." Quote Share this post Link to post Share on other sites
rscalzo 3 Posted October 16, 2009 Technically you are probably correct Not really as not transfer took place. A transfer requires actions on the part of two parties. In this case, only one party was involved. Do not try to determine a case based on a statute. That is done only after reading case law on the subject. The laws address a trafer between two parties outside the home. the state has no such restrictions between family members inside the home outside of a child's access to a firearm without supervision. The laws of transfer are far from simple. Years ago I knew someone convicted of a illegal transfer outside the home. It was not a clear cut case of a transfer but handing a loaded firearm to someone who a short time later shot himself due to consumption of alcohol. The case took weeks simply on the fact of was it or wasn't it a transfer? Outside of the state's firearms laws are precedents covering issuing arising out of a emergency situation. Would you expect the FAA to charge someone for landing a plane after the incapacitation of the pilot when that person was not licensed to fly? Same elements. Quote Share this post Link to post Share on other sites
GRIZ 3,365 Posted October 17, 2009 Do not try to determine a case based on a statute. That is done only after reading case law on the subject. I agree with you on that. The statute says: No person shall sell, give, transfer or assign or otherwise dispose of a handgun to a person other than a licensed or registered retail or wholesale dealer unless the buyer or receiver possesses and exhibits a valid permit to purchase. The problem with case law is that it can change. An example was the 2 cases a few years ago with 2 LEOs caught with unregistered assault weapons. In one case the judge said the LEO needed to register it and the other judge said the LEO had to. I don't think it went through the entire appeals process but resulted in both cases being dismissed. Rather than have the Supreme Court make a decision or the legislature clarifying the law we wound up with "Attorney General Guidelines". Kind of like letting the executive branch make the law. I'm sure if you supplied a handgun to someone and they used it to commit a crime the court would see that as a "give, transfer or assign or otherwise dispose of a handgun to a person". Quote Share this post Link to post Share on other sites