Transferring Handguns

[Sigman 41]

My stepdad passed away during this summer and my mom has his 2 hadguns and shotgun she wants to give to me. Unfortunately, he had no will when he passed so how do I go about getting the guns legally transferred to me? She has legal right over all his posessions.

 

I'm assuming I need to get pistol permits for the 2 handguns and have her sign them over to me? With OGM I guess I can do one pistol each month? He also has a shotgun so I imagine she can just do a transfer with the long gun.

 

One of the handguns is a S&W 38 SP revolver from around the 70's. It has wood grips and the firing pin is part of the hammer. I'll post pics once I get it since I'm not sure what model it is. The other is a S&W model 59 9mm. I think this is mid 80's.

 

Has anyone done this before or know the law?

[tj462nj 32]

Rick, you would have to apply for your FID , (if you don't have it already) and apply for a pistol permit for each handgun.

[Springfield1911 22]

Here is how you transfer the guns. Go to mother's house. Put the unloaded guns in a case. Put the cases in the trunk of your automobile. Drive them over to your house and place them in your safe. Transferred. I am pretty sure as long as your ABLE to get an FID and the pistol permits, you are good to go.

By the way, Im sorry for your loss.

[rscalzo 3]

Go to mother's house. Put the unloaded guns in a case. Put the cases in the trunk of your automobile

 

No, it isn't necessarily so. The firearms legally are transfered to whoever the estate goes to which I would guess is your mother. You must under the law be considered the heir to the estate or property in question. As your Stepfather, the could or could not be an actual relation. The transfer to you could possibly be illegal under NJ law. If you have the FID card, the safest way is to apply for two PPP and get it documented.

 

Estate law is a subject for a expect and not some taking a guess.

 

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.

[Sigman 41]

Go to mother's house. Put the unloaded guns in a case. Put the cases in the trunk of your automobile

 

No, it isn't necessarily so. The firearms legally are transfered to whoever the estate goes to which I would guess is your mother. You must under the law be considered the heir to the estate or property in question. As your Stepfather, the could or could not be an actual relation. The transfer to you could possibly be illegal under NJ law. If you have the FID card, the safest way is to apply for two PPP and get it documented.

 

Estate law is a subject for a expect and not some taking a guess.

 

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.

 

Yea - the estate went to my mom and although she doesn't have a FID, there is no reason she couldn't legally own a firearm. I already have a FID, so I'll apply for the permits. I guess she just signs them over to me on the permit.

[djg0770 481]

I'll apply for the permits. I guess she just signs them over to me on the permit.

 

One per 30 day period...

[Guest]

I'll apply for the permits. I guess she just signs them over to me on the permit.

 

One per 30 day period...

 

?

 

A bill making exceptions to the state's One Handgun A Month bill received final approval Thursday in the Assembly.

 

The bill allows the State Police superintendent to grant exceptions to the law to people who wish to buy multiple handguns from an estate or inheritance, for gun collectors and for competitive shooters.

 

http://www.pressofatlanticcity.com/news ... 46e89.html

[coldsolderjoint 84]

IIRC, there is not an established process yet for requesting an exemption. And if there was, it would likely take more than 30 days anyways.

[Dewhitewolf 8]

You both live in NJ, correct? If so, then you should be all set with getting purchase permits for the pistols. For the shotgun, just use the certificate of eligibility.

[e80hydro 120]

I have a question, as I work with a guy who has similar circumstances. On the pistol permit, under "Seller", it ask's for the sellers FID#. His mother is not the original owner of the handguns, she's the heir, and I'm assuming she doesn't have a NJ FID card, does she put the deceased's FID#?

[djg0770 481]

No. Leave it blank.

[rscalzo 3]

No idea about the exception.

 

The issuing agency (PD) might have received some information direct from the NJSP. They is a closed Info exchange now available to all departments. It is the usual way to disseminating updates and many procedures. When we were talking about it last week no new meetings were planned for those who do the administrative details for these permits. I think they are going to wait until any changes made are ratified.