un registerd gun protocol

[siderman 1,138]

Hypothetical situation-What if I just "found" an old slightly rusty .22 in my moms house that was my dads who has been deceased for 10 yrs? Assuming my mom doesnt really care about it basically defaults to me, what are the protocols for legally taking possesion of it? Pretty sure it was never registerd and it dates back from the mid 50's. Needs to be restored if its not too costly, only real value is it was my dads.BTW, I do have a FID card.

[Malsua 1,422]

If it was not specified to go to your in your father's will, it is your mother's gun. You would need to get a pistol permit to transfer it to you.

[Pew Pew Plates 358]

If it was not specified to go to your in your father's will, it is your mother's gun. You would need to get a pistol permit to transfer it to you.

 

 

That is assuming its a pistol...

[DevsAdvocate 112]

Why? If one doesn't have paperwork for a gun, is that a big deal? Can police really make a big deal about it?

[Malsua 1,422]

That is assuming its a pistol...

 

Yes, you're right of course. For some reason I assumed it was a pistol. If it's a long gun, I suppose you could fill out a certificate of eligibility and give it to your mom. Sort of pointless in my opinion.

[coldsolderjoint 84]

That is assuming its a pistol...

 

+1, if its a rifle, you and your mother just need to fill out a copy of a COE.

[siderman 1,138]

Sorry- didnt specify it is a Mossberg 22 rifle. There was no will as dear old dad hi-tailed it 20 years prior to his passing, maybe its considered abanded property? Anyway I was thinking how would we go about proving its ours(my moms)? would the police want to do a search on it even tho it hasnt seen daylight in 50+ yrs much less fired! And about the COE, is that from my mom to me? Am a little hesitant aboutopening up a can of worms here with the powers that be.

[Krdshrk 3,878]

If it's a rifle then it's very simple. Just fill out the Certificate of Eligibility and you should be all set. Wouldn't worry about the other stuff.

[siderman 1,138]

Stupid question- is it really that easy, just a face to face with my mom to fill out a duplicate COE? No need to go thru police/registering etc.? Thanx all for your info.

[Krdshrk 3,878]

Yeah - just fill out 2 COE's - 1 for yourself, one for her. You don't need to send them in to the police or anything - just keep them in your safe/etc.

 

Here's the form:

http://www.state.nj.us/njsp/info/pdf/firearms/sp-634.pdf

 

At the bottom of it, it states:

White copy is to be retained by the transferor pursuant to N.J.S.A. 2C:58-3b.

Yellow copy is to be retained by the receiver.

If internet form, make and sign two copies.

 

Nothing there states you have to send it in to the police. So... don't

[KpdPipes 388]

Sorry- didnt specify it is a Mossberg 22 rifle. There was no will as dear old dad hi-tailed it 20 years prior to his passing, maybe its considered abanded property? Anyway I was thinking how would we go about proving its ours(my moms)? would the police want to do a search on it even tho it hasnt seen daylight in 50+ yrs much less fired! And about the COE, is that from my mom to me? Am a little hesitant aboutopening up a can of worms here with the powers that be.

No, they Wouldnt.. DESPITE what some here would have you believe the MAJORITY of cops dont give a damn what kind of guns you have...UNLESS you're committing a crime with them. If you want to CYA, then fill out the COE's

[e80hydro 120]

I would take the gun off her hands and not bother with the useless paperwork.

[Maksim 1,504]

take the 5 mins and fill out the two COE's, doesnt cost you anything.

[PK90 3,573]

Just to add, there is no long gun registration in NJ.

[siderman 1,138]

Alright- 5 mins filling out the COE's and I'm done. Spent more time on this post, Thanx.

[junkmanted 54]

I would take the gun off her hands and not bother with the useless paperwork.

 

 

Just to add, there is no long gun registration in NJ.

 

 

+1

[mrjam2jab 9]

Just to add, there is no long gun registration in NJ.

 

 

there is no gun registration in NJ B)

[KpdPipes 388]

there is no gun registration in NJ B)

Handgun Purchase permits ARE the Registration, since a copy is retained by NJSP, as well as your Local PD, adnt at database can be searched if a handgun is found.

[Shocker 151]

Handgun Purchase permits ARE the Registration, since a copy is retained by NJSP, as well as your Local PD, adnt at database can be searched if a handgun is found.

 

Right but if you purchase a handgun while a resident of another state and subsequently move here, you don't have to tell anybody about the guns. I'm sure they have to be legal (no silencers and what-not) but there's no registration.

[Fishpaw 17]

This is purely hypothetical.....but what if the OP had found a handgun that was in his family? Does he then have to transfer it to himself with a pistol permit? And if he did....who would be the seller?

[junkmanted 54]

pistols need to be registered long guns dont

[mrjam2jab 9]

This is purely hypothetical.....but what if the OP had found a handgun that was in his family? Does he then have to transfer it to himself with a pistol permit? And if he did....who would be the seller?

 

2C:58-3. j. Firearms passing to heirs or legatees. Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such firearm does not qualify to possess or carry it, he may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.

 

pistols need to be registered long guns dont

 

 

what???

[JackDaWack 2,895]

Like said, a pistol would have to be passed down to you(willed) in order for a no registration process, or purchased out of state by a non-resident who moved to NJ and brought it with him. If a gun is found in the family it must belong to someone, who ever is the eligible heir of the estate if not specifically willed, if your father dies and doesn't will it, it will go to his wife. In order for it to be legal with out registration you must be able to prove you are the beneficiary of the estate, if there are multiple beneficiaries then you would need a lawyer to split up the estate and specify who gets the pistol. I don't believe it is legal to just find a gun and keep it, however, you can have it transferred via an FFL if no one claims it.

If the mother was the beneficiary of the estate and wants to give it to her son, he would have to obtain a P2P, where a private sale can be done, and she will be the seller.

In any case i would keep it under wraps until the legality of fire arm is dealt with, or bring it to your PD to hold onto until you sort it out, since if it has been sitting for longer then 180 days then the heir of the firearm, if not in possession of an FID, is illegally in possession of a firearm. If you didn't want to register it, you could have the mother obtain an FID, where she could legally receive the pistol, wait for her to pass, and have her will it to you. Then you could get around the registration.