Bringing in guns out of state

[Mat 0]

Hello everyone. I have a question regarding transporting firearm into NJ and keeping them here.

 

My girlfriends cousin lived most of his life in Florida. He has aquired many types of hand guns, shot guns, and rifles. All of his firearms are still in Florida. He asked me if he could bring them up without any procedures and such. My guess was that he would have a grace period to register his firearms in NJ but that was just a guess. Is there anything he needs to do? Or can he just have them without any permits and such. Oh he is moving up to NJ permanently in about 6 months.

 

Any help is greatly appreciated. Thanks

[kenw 293]

As long as they are NJ compliant as far as mag capacity, evil features, etc., there is no mandatory registration of firearms legally acquired in another state. If they're compliant, he can just bring them in when he moves.

 

It's likely that he'll want to apply for a NJ FID card once he's settled down. Although there's no requirement to do so, he'll need it to purchase handgun ammo from any in-state source, and some online dealers will need a copy of it before they'll ship ammo to him (and some won't).

[StephanieSeven 70]

Contact each state he'll be passing through and strictly adhere to their transportation laws. I'm pretty confident we're still a voluntary registration state so no need to register them. Some of the more educated guys will chime in shortly I'm sure.

[tj462nj 32]

there is no volunitary registration of guns. if he legally owns them in another state,and they are legal NJ guns, he can transport them in his possession. if he leaves them there and they are shipped up to him, he will need fid and pp and must go thru a ffl

[Pizza Bob 1,488]

Contact each state he'll be passing through and strictly adhere to their transportation laws.

 

No need for this. This is what the FOPA (Firearm Owner's Protection Act) is all about. This is a federal law that says as long as the weapons are legal at both the point of origin and the destination, they can be legally transported as long as the ammo and the guns are in separate containers in the trunk.

 

It sounded, from the OP, like they were talking about bringing guns here prior to a permanent move, just to have while here. All the answers thus far in this thread have only dealt with a permanent move. With a temporary move, they may not be legal in this state, which would preclude protection under FOPA.

 

Adios,

 

Pizza Bob

[ChrisJM981 924]

The Firearms Owner Protection Act (18 U.S.C. § 926A)

 

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

 

I put the important parts in bold for you.

 

Ammo and firearms have to be:

• Kept in the trunk
• Unloaded
• If you do not have a trunk firearms and ammo must be in locked separate contains other than the glove box or console.

[halbautomatisch 60]

there is no volunitary registration of guns. if he legally owns them in another state,and they are legal NJ guns, he can transport them in his possession. if he leaves them there and they are shipped up to him, he will need fid and pp and must go thru a ffl

There is voluntary registration of handguns in NJ, but since it's VOLUNTARY, it is not required and I wouldn't recommend doing it. There is no registration of long guns in NJ. He should still get an FID card because it proves you are eligible to own firearms and could help avoid problems if stopped by the police, need to have a repair done by a gunsmith or as stated earlier, need to buy handgun ammo.

[StephanieSeven 70]

There is voluntary registration of handguns in NJ, but since it's VOLUNTARY, it is not required and I wouldn't recommend doing it.

 

Why not?

[Pizza Bob 1,488]

Why not?

 

 

It's none of the state's business. The less the state knows about you, the better. Now pass the tin foil.

 

Adios,

 

Pizza Bob

[PK90 3,573]

I provide these to customers >

 

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[Krdshrk 3,878]

I provide these to customers >

 

pdf Download

 

Ooh that's nice. I didn't know that existed. I'm gonna use it now.

[Greydaddy 2]

I need four of them! Actually, I do have five copies of firearms records in various places.

[Freedom-First 2]

I believe at issue here is not the direct ownership or possession of he pistol, rather how, when, where you acquired it and more importantly how you brought it into the state. I believe that the transportation of a pistol purchased in another state into NJ is illegal. Hence, in order to be compliant, you would need to do a FFL to FFL transfer. In order to do that, you need a FPID and a PPP, which would effectively register the gun anyway.

[mrjam2jab 9]

No need for this. This is what the FOPA (Firearm Owner's Protection Act) is all about. This is a federal law that says as long as the weapons are legal at both the point of origin and the destination, they can be legally transported as long as the ammo and the guns are in separate containers in the trunk.

 

It sounded, from the OP, like they were talking about bringing guns here prior to a permanent move, just to have while here. All the answers thus far in this thread have only dealt with a permanent move. With a temporary move, they may not be legal in this state, which would preclude protection under FOPA.

 

Adios,

 

Pizza Bob

 

 

Separate containers not required per FOPA.

[Pizza Bob 1,488]

I believe at issue here is not the direct ownership or possession of he pistol, rather how, when, where you acquired it and more importantly how you brought it into the state. I believe that the transportation of a pistol purchased in another state into NJ is illegal. Hence, in order to be compliant, you would need to do a FFL to FFL transfer. In order to do that, you need a FPID and a PPP, which would effectively register the gun anyway.

 

That only applies if you are resident of NJ and purchase a handgun out of state - in which case you wouldn't be allowed to take possession of the gun anyway. It would be shipped to a FFL holder in NJ and delivered through their books with all NJ statutes applied (P2P, OGAM).

 

If you have a firearm that was legally purchased while you were a resident of a state other than NJ, and if that firearm is NJ compliant (AWB, mag Cap) then if you become a permanent resident of NJ, the guns can be transported to your new residence and no paperwork of any kind is needed. Firearm registration of firearms brought into the state under these conditions is completely voluntary. Ask any active or former military personnel about volunteering....

 

Adios,

 

Pizza Bob

[Freedom-First 2]

There is another similar thread going on here also. You may be correct, but the onus of proving how you came into possession of the firearm is on the owner. My understanding is that if you can not demonstrate that you came into possession legally out of state or through inheritance, then it will automatically be assumed that you came into possession of the gun illegally while in NJ.

[Malsua 1,422]

There is another similar thread going on here also. You may be correct, but the onus of proving how you came into possession of the firearm is on the owner. My understanding is that if you can not demonstrate that you came into possession legally out of state or through inheritance, then it will automatically be assumed that you came into possession of the gun illegally while in NJ.

 

That's simply not true. Either you have a carry permit, your handgun is within the exemptions(home, business, range, armorer, hunting) or it is unlawful possession. How you came about to have the firearm is a secondary concern. If you were guilty of unlawful possession, I'm quite certain they would do their best to determine how you came about to have the firearm and tack on extra charges later if possible.

 

Edit to clarify: What I'm saying is that at the time of your encounter with police, having proof of legal purchase doesn't matter at all to the street cop. What matters is if you are lawfully possessing a firearm. If you are on your way to the range, everything is stored properly and you're not a complete douchebag, they're going to let you go. If it's 2am in the middle of Newark, they don't care if you purchased the gun legally or not, you're going to jail.

[Freedom-First 2]

You invite your local LEO over for afternoon tea. You answer the front door with your Kimber Custom Shop .45 strapped to your chest. No questions asked..? Not likely. It wouldn't be a secondary concern.

[Malsua 1,422]

You invite your local LEO over for afternoon tea. You answer the front door with your Kimber Custom Shop .45 strapped to your chest. No questions asked..? Not likely. It wouldn't be a secondary concern.

 

There are explicit exemptions to having firearms in your own domicile. Any LEO that knows the law won't have any issue with you having a firearm strapped to your chest or anywhere else assuming he's not there in response to a complaint of some sort. Many LEO's might question you as to how much you paid for it and "Can I shoot it"? The couple I know in my town would.

[Freedom-First 2]

Any LEO that knows the law

 

That't the exact point...many do not..

 

assuming he's not there in response to a complaint of some sort

 

According to the "Letter of the law" that should not matter... right?

 

My point is there is a balance between knowing your rights and trying to be a lawyer and practical advice to keep yourself out of trouble or a costly legal battle.

[Malsua 1,422]

That't the exact point...many do not..

 

 

This is true that many do not but if it becomes an issue, the officer on the scene will contact his superior and chances are good that he'll be informed of the law.

 

 

 

According to the "Letter of the law" that should not matter... right?

 

 

No, that's not true. If the officer is arriving in response to a complaint, he has the right and duty to secure the scene and that includes any firearms that may be present.