Pistol permit question

[NicePants 58]

So, I applied for my FPID card about midway through july and just acquired it today. They also gave me a handgun purchase permit with it, which I didn't apply for at all. There is just one catch though. ...I'm only 20. It was signed off by the chief, so it is legit, but I'm just wondering if I'd be able to use it. If not, could I possibly just keep on renewing it until my birthday in march and use it then?

[vjf915 456]

Return it to the PD TOMORROW. Its not "legit" because you can not buy a handgun under federal law.

[Maksim 1,504]

Return it to the PD TOMORROW. Its not "legit" because you can not buy a handgun under federal law.

 

Dont be so quick. I believe there is an exemption for being gifted a gun or getting via inheritance. Will wait for an FFL to respond.

[vjf915 456]

He is under 21, he CANT legally own a pistol. I dont know about inheritance, but I highly doubt that even gifting it would work. If that were the case, someone could simply buy a gun then "gift" it to their friend/family member for the price they paid.

[Pew Pew Plates 358]

I thought any private transfer is OK, just not from an FFL?

[Maksim 1,504]

He is under 21, he CANT legally own a pistol. I dont know about inheritance, but I highly doubt that even gifting it would work. If that were the case, someone could simply buy a gun then "gift" it to their friend/family member for the price they paid.

 

 

And this is where you are completely wrong and why I want an FFL to fill it in.

 

In states like Indiana..., as long as the person is over 18, they can be gifted a firearm or left via inheritance, however they cannot purchase a firearm.

 

States such as CA, VA, NY deny that privilege. I do not know 100% for NJ.

 

So, we ask kindly, dont post for sake of posting if you do not know 100%, particularly when things are concerning the law. =) We are on the hook here, so do not want to disseminate any information that anyone is not 100% sure of.

[Maksim 1,504]

Btw, the Pistol Permits are... "Purchase Permits", not for gifts, etc...

 

ie... why you do not need an FID to accept willed firearms...

 

N.J.A.C. 13:54-1.13 Firearms passing to heirs or legatees

(a) Notwithstanding the provisions of this subchapter concerning the transfer, receipt or

acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card

shall not be required for the passing of a firearm upon the death of an owner thereof to their heir or

legatee, whether the same be by testamentary bequest or by the laws of intestacy. 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.

[BRaptor 68]

Return it to the PD TOMORROW. Its not "legit" because you can not buy a handgun under federal law.

 

Not entirely true. He cannot purchase a handgun from a retail firearm dealer. In FL, it's only illegal to sell a handgun to a person under 21 without their parent's consent (Federal Law still controlling for FFL's, though).

 

18 years old is the minimum age to posess a handgun or handgun ammunition under Federal Law (the "Gun Control Act"). After that, it's up to the states.

 

I'm not an FFL, but I don't see any laws that sould stop you from extending the pistol permit until you're 21 in March and then purchasing a pistol. If you want to be extra safe, ask a lawyer (seriously), or the NJ Attorney General for an official opinion ( )

[PK90 3,573]

The PD violated the Admin Code of 13:54-1(a)4 as posted by Maksim. The OP can not have a "Permit to Purchase a Handgun". It should be returned to them.

 

I do not know about being willed the firearm. I would guess that the heir still can not possess any firearm without being qualified per the Admin Code. What if the heir is an 8 year old? Is he allowed to possess the firearms by himself?

[Babaganoosh 192]

Just think of all of us wishing we had that permit that he has to take back.

 

If his birthday is before the 6 months can he get it extended out to the 6 month mark and use it then? Its a permit to purchase so is it technically illegal if he doesn't actually purchase until he hits 21? Meaning is it illegal to just have possesion of the permit to purchase?

[vjf915 456]

The OP can not have a "Permit to Purchase a Handgun". It should be returned to them.

[NicePants 58]

Thanks for the responses guys. I'll probably be heading down to the PD tomorrow to ask them about it. I'm a bit perplexed as to how this even happened. If they do have me return it, would it be possible to apply for one about a month or two before my birthday so that I can receive it by my birthday, or do I need to be 21 to start the application process?

[kenw 293]

You need to be 21 to execute the paperwork. My son is in exactly the same situation. We promised to give him my XD9 for his 21st birthday, but he's gonna have to wait until his paperwork comes back. He plans to be at the PD on the morning of his birthday to drop off the application.

[Babaganoosh 192]

You need to be 21 to execute the paperwork. My son is in exactly the same situation. We promised to give him my XD9 for his 21st birthday, but he's gonna have to wait until his paperwork comes back. He plans to be at the PD on the morning of his birthday to drop off the application.

 

That just plain sucks. Maybe get it ahead of time and just keep it in your possesion and give it to him but not legally give it to him till he gets the permit. Then sell it to him for a buck. At least he will have it on his bday.

[kenw 293]

That just plain sucks. Maybe get it ahead of time and just keep it in your possesion and give it to him but not legally give it to him till he gets the permit. Then sell it to him for a buck. At least he will have it on his bday.

It's not that big a deal for him.

 

He shoots it at the range whenever we go, and he's perfectly fine waiting until he can legally take possession. In any event, even after it's his, it will reside in our safe until he comes up with a safe and secure way to store it at the apartment he shares with a couple of roommates.

 

He's being surprisingly mature about the whole thing. Makes me proud.

 

K

[Malsua 1,422]

Thanks for the responses guys. I'll probably be heading down to the PD tomorrow to ask them about it. I'm a bit perplexed as to how this even happened. If they do have me return it, would it be possible to apply for one about a month or two before my birthday so that I can receive it by my birthday, or do I need to be 21 to start the application process?

 

You might also just ask if they can hold the permit and renew it when you are legal. They may just put it in your folder and pull it out later. They probably won't but it wouldn't hurt to ask.

 

You cannot apply before your birthday, but currently the deed is already done. Just be nice and smile a lot, perhaps they'll go for it.

[matty 810]

Thank them profusely, and nicely point out that you are not yet 21, and are returning it to avoid any problems. Preferably to the person that puts them in front of the chief to sign, as they are the one that might get the astcheu if its found out you were issued a permit in error. I bet you will be able to get permits faster than most if you keep the error on the down low and let them fix it, rather than it getting to the purchasing stage and an FFL having to deal with it.

[Anselmo 87]

Thank them profusely, and nicely point out that you are not yet 21, and are returning it to avoid any problems. Preferably to the person that puts them in front of the chief to sign, as they are the one that might get the astcheu if its found out you were issued a permit in error. I bet you will be able to get permits faster than most if you keep the error on the down low and let them fix it, rather than it getting to the purchasing stage and an FFL having to deal with it.

 

+1. Hopefully the good karma will help you later on.

[KpdPipes 388]

And this is where you are completely wrong and why I want an FFL to fill it in.

 

In states like Indiana..., as long as the person is over 18, they can be gifted a firearm or left via inheritance, however they cannot purchase a firearm.

 

States such as CA, VA, NY deny that privilege. I do not know 100% for NJ.

 

So, we ask kindly, dont post for sake of posting if you do not know 100%, particularly when things are concerning the law. =) We are on the hook here, so do not want to disseminate any information that anyone is not 100% sure of.

 

There WAS a time Mak where you could possess a handgun under 18 in NJ. You still had to go through the permit process, but you could not buy from an FFL, it had to be F2f. However, THAT HAS CHANGED, You can no longer purchase a handgun in NJ under the age of 21 with one exception. A Law Enforcement officer MAY purchase a DUTY handgun with an appropriate letter from his Chief, since you can still become an LEO in NJ at 18.

[njJoniGuy 2,133]

There WAS a time Mak where you could possess a handgun under 18 in NJ. You still had to go through the permit process, but you could not buy from an FFL, it had to be F2f. However, THAT HAS CHANGED, You can no longer purchase a handgun in NJ under the age of 21 with one exception. A Law Enforcement officer MAY purchase a DUTY handgun with an appropriate letter from his Chief, since you can still become an LEO in NJ at 18.

Thank you, Christie Friggen Whitman

[njpilot 671]

There WAS a time Mak where you could possess a handgun under 18 in NJ. You still had to go through the permit process, but you could not buy from an FFL, it had to be F2f. However, THAT HAS CHANGED, You can no longer purchase a handgun in NJ under the age of 21 with one exception. A Law Enforcement officer MAY purchase a DUTY handgun with an appropriate letter from his Chief, since you can still become an LEO in NJ at 18.

 

 

I think you meant under 21. When I was 19 I purchased my first handgun from a friend because I couldn't purchase from a dealer.

[KpdPipes 388]

I think you meant under 21. When I was 19 I purchased my first handgun from a friend because I couldn't purchase from a dealer.

 

 

You're right..My Mistake between 18 and 21 at the time you could only buy F2F.

[KpdPipes 388]

Thank you, Christie Friggen Whitman

 

 

In response to changes in the Federal Law..OF COURSE NJ had to on-up them... it's also a GRAPHIC LESSON that Republican Governors are NOT our friends...Which the Current Governor has demonstrated as well.