Given A Rifle

[njhunter1 0]

Hey Guys, I tried searching but can't find something specific to my situation.

 

I have an opportunity to obtain a rifle (ruger 10/22 I think) from a family member who lives out of state(Florida). I don't really have plans to fire the rifle or take it to the range. I would just hold onto it and keep it stored in a safe.

 

Here is my issue, I currently don't have a fpid card and due to all the red tape and being that I may move out of NJ soon I really don't care to get involved in the application process. If I do accept this rifle is it illegal? It seems that a lot of the transfer issues apply to handguns and not rifles?

 

It's my understanding that I only need the FPID to purchase? Is it really that illegal to have a rifle in the house with no ammo?

 

Any clarification would be greatly appreciated. Thanks

[Gregg 5]

Hey Guys, I tried searching but can't find something specific to my situation.

 

I have an opportunity to obtain a rifle (ruger 10/22 I think) from a family member who lives out of state(Florida). I don't really have plans to fire the rifle or take it to the range. I would just hold onto it and keep it stored in a safe.

 

Here is my issue, I currently don't have a fpid card and due to all the red tape and being that I may move out of NJ soon I really don't care to get involved in the application process. If I do accept this rifle is it illegal? It seems that a lot of the transfer issues apply to handguns and not rifles?

 

It's my understanding that I only need the FPID to purchase? Is it really that illegal to have a rifle in the house with no ammo?

 

Any clarification would be greatly appreciated. Thanks

 

I believe you would need the FPID card. You would need to fill out the Certificate of Eligibility for the transfer, which, under NJ, counts as a 'purchase'. Honestly, if you are moving out of NJ soon, I would just wait to get the rifle until you are a resident of America.

[halbautomatisch 60]

I can't say with absolute certainty, but I believe federal law does not allow transfers among private parties who reside in two different states. The rifle would need to be sent to an FFL in NJ and the transfer done there - with NICS & a CE (FID needed there)

[vladtepes 1,060]

I can't say with absolute certainty, but I believe federal law does not allow transfers among private parties who reside in two different states. The rifle would need to be sent to an FFL in NJ and the transfer done there - with NICS & a CE (FID needed there)

 

 

I believe this is the procedure..

 

 

what is all this "red tape" getting a basic FID is really not all the complicated... sure it takes time.. but if you do end up staying here you should probably just get one.. really not all that difficult..

[Malsua 1,422]

 

 

It's my understanding that I only need the FPID to purchase? Is it really that illegal to have a rifle in the house with no ammo?

 

Any clarification would be greatly appreciated. Thanks

 

It's illegal to have an illegally obtained rifle in your house. There are no "shades" of legal. It is either legal or it is not.

 

If you had lived in a different state during your adult life, it is perfectly reasonable that you would have purchased a firearm and brought it with you when you moved to NJ. No paperwork required.

 

If you have never lived out of the state and are found to be in possession of a rifle without a firearms purchaser ID, it had better have been willed to you otherwise you're going to have legal issues.

 

The only way for you legally to take possession is to have it transferred through a firearms dealer and that requires that you have a Firearms Purchaser ID.

[joecs1 11]

What if a family member from NJ, say father in law, gives you all his rifles...do you still need the cert of eligability?

[Jon 264]

What if a family member from NJ, say father in law, gives you all his rifles...do you still need the cert of eligability?

 

Yes. If they are not willed you to you, the forms need to get filled out.

[Shawnmoore81 623]

No I dealt with this. My grandfather moved to Florida and left a few guns with me. This was before I had a fid card. I talked to the prosecutor and he told me I can fill out a voluntary registration form.

[Shawnmoore81 623]

Just don't leave your house with them

[Maksim 1,504]

No I dealt with this. My grandfather moved to Florida and left a few guns with me. This was before I had a fid card. I talked to the prosecutor and he told me I can fill out a voluntary registration form.

 

 

And that is actually not even 100% correct.

 

If you are gifted/willed a rifle, you have a time limit to obtain FID or sell it.

 

If your grandfather is in FL, and you are in NJ.... it must go through FFL.

[FFDP82 4]

No I dealt with this. My grandfather moved to Florida and left a few guns with me. This was before I had a fid card. I talked to the prosecutor and he told me I can fill out a voluntary registration form.

 

Do you realize that you are admitting to illegal activity on a public forum frequented by police officers?

 

[Shawnmoore81 623]

I have a permit now. I went to the cops and that's what I was told. I have a letter signed by my grandfather, notarized and it lists the guns and serial numbers. I have a copy and so do the police. I explained it that when my grandparents moved they only brought 1 pistol and left me a couple rifles. Prosecutor said that was fine. I wasn't gonna argue with him. Maybe he didn't feel it was worth pushing the issue and tax dollars on something stupid like that or thier is a law that covers it. I'm not sure. I wasn't trying to hide em or lie.

[Shawnmoore81 623]

Also one of the rifles was so old it didn't even have a serial number

[FFDP82 4]

I have a permit now. I went to the cops and that's what I was told. I have a letter signed by my grandfather, notarized and it lists the guns and serial numbers. I have a copy and so do the police. I explained it that when my grandparents moved they only brought 1 pistol and left me a couple rifles. Prosecutor said that was fine. I wasn't gonna argue with him. Maybe he didn't feel it was worth pushing the issue and tax dollars on something stupid like that or thier is a law that covers it. I'm not sure. I wasn't trying to hide em or lie.

 

Also one of the rifles was so old it didn't have a serial number.

 

Then you got extremely lucky because that is not how the law is worded at all. Go play the lottery too while you are at it.

 

Also, age of the rifle has no bearing on the law, as written in NJ law, a 14th century Arqueus and a brand new Barrett .50 are (legally speaking) the same thing.

[Shawnmoore81 623]

I know the age of the gun doesn't change the law. Was just throwing that out there

[Anselmo 87]

"Antique firearm" means any firearm which is incapable of being fired or discharged, or which does not fire fixed

ammunition regardless of date of manufacture, or was manufactured before 1898 for which cartridge ammunition is not

commercially available, and is possessed as a curiosity or ornament or for its historical significance or value.

 

No person, other than a licensed or registered retail or wholesale dealer, shall receive, purchase or otherwise acquire

a rifle, shotgun or antique cannon, other than an antique rifle or shotgun, unless that person possesses and exhibits a valid

firearms purchaser identification card.

 

 

The age of the gun does change the law if the firearm meets the definition of antique firearm.

[Shawnmoore81 623]

Well I guess I'm a criminal even though I did exactly what the prosecutor told me

[FFDP82 4]

Well I guess I'm a criminal even though I did exactly what the prosecutor told me

 

Don't you love it when laws have no consistency?

 

FACT of the matter is, you got lucky, because NOTHING in NJ law allows you to obtain a firearm without an FID. The prosecutor let you go. Simple as that. YOU. GOT. LUCKY.

 

Quit making little comments.

[djg0770 481]

Quit making little comments.

 

Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

 

g.All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances.

 

b.Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.

 

c.Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

(2)Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

 

d.Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

 

Inherited firearms are perfectly legal without an FPID.

[FFDP82 4]

You can only inherit firearms in NJ if the previous owner is deceased and that person's will specifically states what gun and who it is to be given to.

[Krdshrk 3,877]

Inherited means willed due to death. Given while alive is not inherited. FFPD82 is correct. The OP was not willed the gun, so he needs a FID.

[JackDaWack 2,895]

I don't know why people go to the cops and prosecutors for info,i thought they weren't allowed to give out legal advice. I'm mean sure you would think they would know the answers but 85% of the time your talking to wrong person, and they just tell you something to get you off there back.

 

Now back to the issue, i believe the firearms are still illegal if you do not have COE forms for them. I'm really not sure if a letter signed with the firearms info is acceptable.

 

Like stated before, you cannot obtain a firearm in nj without an FPID, COE for personal sales of rifles, P2P for handguns, unless they are willed/inherited. The law is pretty clear on that and the necessary forms to complete the transfers.

[JackDaWack 2,895]

Don't you love it when laws have no consistency?

 

FACT of the matter is, you got lucky, because NOTHING in NJ law allows you to obtain a firearm without an FID. The prosecutor let you go. Simple as that. YOU. GOT. LUCKY.

 

Quit making little comments.

 

It's not that there is no consistency with in the law, it's that people don't bother to read them. Every time i have had to speak with a prosecutor i always get the " i can't give legal advice" statement.

[Shawnmoore81 623]

I have those guns, other guns, and I have a fid now. All I did was ask what to do in the situation. I was handed a form. I filled out the form and got the letter the prosecutor asked for. I may have gotten lucky but whatever it's in the past.

[njhunter1 0]

Thanks for the responses guys. I think I will hold off on accepting them as I don't plan on staying here. I checked into the process and with all the fees and time I will just wait till I move to a more " lax " state.