spousal guns

[le_boudin 2]

howdy... my wife just got an FID and two pistol permits... can I take and use her guns at the range without her being there?

[joejaxx 38]

howdy... my wife just got an FID and two pistol permits... can I take and use her guns at the range without her being there?

 

In short: No, only while she is present.

 

Here is the law to back up what I am saying:

 

 

2C:58-3.1. Temporary transfer of firearms

1. a. Notwithstanding the provisions of N.J.S.2C:39-9, N.J.S.2C:58-2, N.J.S.2C:58-3 or any other statute to the contrary concerning the transfer or disposition of firearms, the legal owner, or a dealer licensed under N.J.S.2C:58-2, may temporarily transfer a handgun, rifleor shotgun to another person who is 18 years of age or older, whether or not the person receiving the firearm holds a firearms purchaser identification card or a permit to carry a handgun. The person to whom a handgun, rifle or shotgun is temporarily transferred by the legal owner of the firearm or a licensed dealer may receive, possess, carry and use that handgun, rifle or shotgun, if the transfer is made upon a firing range operated by a licensed dealer, by a law enforcement agency, a legally recognized military organization or a rifle or pistol club which has filed a copy of its charter with the superintendent and annually submits to the superintendent a list of its members and if the firearm is received, possessed, carried and used for the sole purpose of target practice, trap or skeet shooting, or competition upon that firing range or instruction and training at any location.

 

A transfer under this subsection shall be for not more than eight consecutive hours in any 24-hour period and may be made for a set fee or an hourly charge.

 

The firearm shall be handled and used by the person to whom it is temporarily transferred only in the actual presence or under the direct supervision of the legal owner of the firearm, the dealer who transferred the firearm or any other person competent to supervise the handling and use of firearms and authorized to act for that purpose by the legal owner or licensed dealer. The legal owner of the firearm or the licensed dealer shall be on the premises or the property of the firing range during the entire time that the firearm is in the possession of the person to whom it is temporarily transferred.

 

The term "legal owner" as used in this subsection means a natural person and does not include an organization, commercial enterprise, or a licensed manufacturer, wholesaler or dealer of firearms.

 

[le_boudin 2]

In short: No, only while she is present.

 

 

damn... thank you... that was dissapointing... ok, now, can she give me those guns as a gift?

[n4p226r 105]

Only if you get a pistol permit for each transaction

[BigHayden 77]

Only if you get a pistol permit for each transaction

 

And then she can't take them to the range without you being present.

 

I hate this state.

[Genewarper111 18]

damn... thank you... that was dissapointing... ok, now, can she give me those guns as a gift?

 

Well - the most obvious thing is for you to get an FPID card and PP of your own. While it is a tedious process (ask your wife), in the end the must give them to you if you don't meet any of the criteria for denial.

 

If for whatever reason (and please, I'm not prying here) you don't want to apply, or know that you will be denied, then you should be careful that you don't inadvertently put your wife's status at risk. So - while the laws here are draconian and convoluted, for now, they ARE the laws. I'd doubt that anyone here would advise you to break them.

 

While I'm not 100% certain (and others please correct me) it may be the case that, if there's a reason you know that would lead to you being denied, then you may find that in extreme cases handling a firearm at all may present real problems, temporary transfer notwithstanding.

 

Just be careful.

 

Grant

[Old School 611]

Here we go... More NJ BS and contradictions...

 

#1 You do not need a PPP to own a handgun in NJ.(for eligible persons)

 

#2 The legal handgun owner essentially cannot let the handgun out of his/her sight if they allow someone else to shoot it.

 

Do we agree so far?

 

But, a person cannot loan a handgun to another eligible person outside of their immediate control. So if your spouse wills you the gun and kicks the bucket you're ok to shoot her gun...

 

"Officer, I tried to wake up my wife this morning and I thought she was dead.(it happens after 25 years of marriage) so since I know she willed me her guns I took her pistol to the range."

 

Now if you can legally own a handgun and you have it in posession and you are not obligated to show your PPP, how would the powers that be know who owns the handgun? And don't tell me they would check the #'s on the gun. There is no central registry in trenton that I know of. The path that would have to be followed is tracked from the Mfg to the orig. FFL to the chain of sales and then to the NJ legal owner.

 

 

A totally flawed system.

[kenw 293]

Now if you can legally own a handgun and you have it in posession and you are not obligated to show your PPP, how would the powers that be know who owns the handgun? And don't tell me they would check the #'s on the gun. There is no central registry in trenton that I know of. The path that would have to be followed is tracked from the Mfg to the orig. FFL to the chain of sales and then to the NJ legal owner.

 

 

A totally flawed system.

The State Police receive a copy of the PPP when any handgun is legally purchased in NJ (illegal purchases have no such encumbrances). The PPP has information about the purchaser and the gun. They know who the legal owner is, and a quick database check will provide an answer. It is in practice (if not in fact) a handgun registration scheme.

 

In short, the state presumes that the handgun in your possession is yours, and if it turns out not to be yours (even if it's your spouse's) and the legal owner isn't present, you're transporting firearms illegally and will most likely find yourself up to your asss in alligators. And, she may well find herself in trouble for an illegal transfer of a handgun.

 

Don't bring your wife's guns to the range without her.

[mrjam2jab 9]

so...what's his is hers and what's hers is his in a marriage...doesnt fly in NJ when it come to guns...

 

Can a gun be in both names?

 

Y'all need to move to PA. Last time I went to the range I stopped at my sister's house first. She handed me her gun...i clipped it on my pants and went on my way. At the range, not only did I use it...but so did my wife...and my sister wasn't even there!

[Old School 611]

The State Police receive a copy of the PPP when any handgun is legally purchased in NJ (illegal purchases have no such encumbrances). The PPP has information about the purchaser and the gun. They know who the legal owner is, and a quick database check will provide an answer. It is in practice (if not in fact) a handgun registration scheme.

 

In short, the state presumes that the handgun in your possession is yours, and if it turns out not to be yours (even if it's your spouse's) and the legal owner isn't present, you're transporting firearms illegally and will most likely find yourself up to your asss in alligators. And, she may well find herself in trouble for an illegal transfer of a handgun.

 

Don't bring your wife's guns to the range without her.

 

 

Brother Ken. I am in NO WAY advocating anyone break the law. PERIOD!!!

 

But, you are assuming there is a central data base. To have firearms returned after forfieture the court only checks the "Hot List". So as far as a central data base, maybe someone can enligbhter us...

 

A firearms eligible individual transporting and handgun in the legal manner is not transporting an NJ legal handgun illegally.

 

I'm not trying to be a shithouse lawyer but this is how I understand the law.

 

Confusing and contradictory.

[n4p226r 105]

The issue isn't illegal transport. It's illegal transfer. You need a pistol permit to transfer a handgun unless willed. Obviously we can't buy one legally out of state. So it's assumed every legal gun will have a corresponding pp if acquired by a nj resident

[karcirate 1]

 

Can a gun be in both names?

 

 

This is the question that should be answered. If all marriage property is considered jointly owned in the event of a divorce, then shouldn't it be the same during the marriage?

 

Also, what if your guns are in your house, and your spouse is home when you aren't, and knows the safe combo, and picks up your gun to clean it or whatever. According to the law, I think that's an illegal transfer.

 

In short, transfer laws really need to change, but we knew that already.

[Malsua 1,422]

So it's assumed every legal gun will have a corresponding pp if acquired by a nj resident

 

But that's a bad assumption. I have guns that were purchased in Ohio, not from an FFL. No paperwork. I gave money, I got the guns, end of story. 100% legal in Ohio and they came with me when I moved.

 

I will also inherit some guns as I'm in my Step father's will(he's an Ohio resident). Those guns also will not have paperwork yet would still be 100% legal.

[Old School 611]

But that's a bad assumption. I have guns that were purchased in Ohio, not from an FFL. No paperwork. I gave money, I got the guns, end of story. 100% legal in Ohio and they came with me when I moved.

 

I will also inherit some guns as I'm in my Step father's will(he's an Ohio resident). Those guns also will not have paperwork yet would still be 100% legal.

 

 

Mark- This is the point I was trying to make. The State of NJ has many people so paranoid they are afraid to live the way the law is written.

[CageFighter 236]

so...what's his is hers and what's hers is his in a marriage...doesnt fly in NJ when it come to guns...

 

Can a gun be in both names?

 

Y'all need to move to PA. Last time I went to the range I stopped at my sister's house first. She handed me her gun...i clipped it on my pants and went on my way. At the range, not only did I use it...but so did my wife...and my sister wasn't even there!

 

We all in NJ hate you!! (jealous)

[le_boudin 2]

thank you all guys...

[n4p226r 105]

But that's a bad assumption. I have guns that were purchased in Ohio, not from an FFL. No paperwork. I gave money, I got the guns, end of story. 100% legal in Ohio and they came with me when I moved.

 

I will also inherit some guns as I'm in my Step father's will(he's an Ohio resident). Those guns also will not have paperwork yet would still be 100% legal.

 

 

As an Ohio resident that's true. If you've lived in nj forever like me you couldn't use the argument of you got it without a pp. I should have said if you bought a gun as a nj resident it's assumed you had used a ppp

[Soju 153]

As has been said...

 

Legally? No.

 

Would anyone ever know? Not unless you did something illegal while you had it.

 

Even if you are a NJ resident, you don't need a FPID or PP to possess a firearm. So yep, this is mine...

 

BTW, I have never taken my roommates firearms to the range when they weren't present before.