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jim35058

need advise from nj pros

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Ok guys please help

 

My father passed in 02 he had a few pistols now obviously they went to my mother. Does she have to do anything in nj to put them on her permit or no ?? Second what does she have to do to give them to me . I am a NY resident upstate not city. I am also a LEO if that changes anything.

 

 

thanks

Jim

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She doesn't need to do anything as far as registering them:

 

"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."

 

As far as transering them to you, they will need to go to an FFL in NYS.

 

Some FFLs will not accept firearms from individuals, only FFLs, others will.

 

Hopee that helps. Others will chime in.

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ok now what if theres no documentation stating that he left them to me basically it was word of mouth. Can i legally take them to ny and register them or no

 

If your mother has possession and she transfers them to an FFL in NY, I'm not sure what your issue is. Leaving them to you as word of mouth is meaningless, they are your mother's guns and you have to take possession legally through an FFL in NY. Since you can't purchase guns in NJ without a Firearms Purchaser ID/Pistol Permits, the transactions for long guns need to take place in any state but NJ and the handguns must go to an FFL in NY.

 

For the handguns, since she cannot legally bring them into NY, she needs to deliver them to an FFL in NJwho will transfer them to your FFL in NY. She may be able to ship direct to your FFL if you can find an FFL in NY who will accept that kind of shipment. The Long guns she can drive up and do in person at your FFL in NY.

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I think I see the cause of the confusion - the OP is in NY State, not NJ.

 

There is no registration required to own a handgun in NJ. A permit to PURCHASE is needed but, since she inherited, she should be good to go.

 

Transferring to you in NY is more complicated. I suspect the guns would have to be shipped to an FFL in NY where you would go through the NICS check and whatever else NY requires. It's a bunch of bureaucratic BS, but there it is.

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NJ only uses pistol permits at the time of purchase or other transfer, each permit is valid for one handgun transfer. There are exceptions to needing a permit to transfer a pistol such as when you inherit them. Handgun registration is not mandatory in NJ and the police would not keep records of transfers though inheritance.

 

She would only need a copy of the will or disposition of your father's estate to prove legal ownership in NJ. If there is no written record of your father's wish to pass them to you, they legally they belong to your mother and you will most likely need to have them sent to an FFL in NY and do your transfer there according to NY law.

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i agree with all info given but was lookin for a loop hole lol . Next question is I need an ffl in nj close to the middletown 07748 area. I go down often but always on weekends and holidays or when I plan on fishin or crabbin. i check online for ffls but most are nolonger or in the ghetto.

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i agree with all info given but was lookin for a loop hole lol . Next question is I need an ffl in nj close to the middletown 07748 area. I go down often but always on weekends and holidays or when I plan on fishin or crabbin. i check online for ffls but most are nolonger or in the ghetto.

Needing an FFL to transfer handguns across state lines is a federal statute.

 

I can't help you with central Jersey FFL's since I'm up north, but I'm sure someone else will.

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I am about to step off into the deep end of the pool without a life vest......

 

I THINK that anybody can send a gun to an FFL in another state; it need not be sent by an FFL, just received by one. You can locate an FFL in NYS that will accept the gun from a private individual and then do the NICS check (and whatever else NY may require) and deliver the gun to you.

 

It's sure worth asking the question of your local FFL upstate.

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Safest way to go with the least amount of trouble..

 

Have mom arrange with a NJ FFL to have them ship to a NYS FFL with whom you also made arrangements with. Mom would take them in person to the NJ FFL and hand them over for shipping. If she gives them to you to take there, that is an illegal transfer of a handgun.

 

Use this link to find an FFL in NJ and NY. http://www.gunbroker.com/FFL/DealerNetwork.aspx

 

Check out Mel over at Defensive Security, he's reasonable and easy to deal with.

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