Have you ever..

[Dan 177]

Have you ever had a friend over your house, and handed him or her your shiny new handgun to check it out and you are not an FFL, dealer, or gunsmith operating from your home?

 

If you answer is yes, you may be guilty of illegally transferring a firearm. It may even be the same with rifles/shotguns as I see nothing in the "temporary transfer" statues that would allow it.

 

+1 to anyone who can find an NJ statute that permits this activity in your own dwelling.

[vladtepes 1,060]

pretty sure you can use long guns at least in proximity of the owner.. maybe even handguns... but I am not %100 sure.. I KNOW that you can't "lend" a gun to someone when you are not there.. but if it is in your immediate control and they are not a prohibited person you are in the clear..

[maideneddie 35]

Have you ever had a friend over your house, and handed him or her your shiny new handgun to check it out and you are not an FFL, dealer, or gunsmith operating from your home?

 

If you answer is yes, you may be guilty of illegally transferring a firearm. It may even be the same with rifles/shotguns as I see nothing in the "temporary transfer" statues that would allow it.

 

+1 to anyone who can find an NJ statute that permits this activity in your own dwelling.

Are you a NJ politician? This seems to be the line of irrational thought that goes into making gun laws in this state. I would think that transfer of a firearm in your own dwelling (meaning in your house) would not even be a legal issue. If your friend was to shoot you with the gun while they are holding it, the least of your problems would be illegal transfer of a firearm. Just my opinion, but how would big brother even be aware that this was going on anyway unless you broadcast live streaming video of your home on the computer or on TLC.

[vladtepes 1,060]

Are you a NJ politician? This seems to be the line of irrational thought that goes into making gun laws in this state. I would think that transfer of a firearm in your own dwelling (meaning in your house) would not even be a legal issue. If your friend was to shoot you with the gun while they are holding it, the least of your problems would be illegal transfer of a firearm. Just my opinion, but how would big brother even be aware that this was going on anyway unless you broadcast live streaming video of your home on the computer or on TLC.

 

 

I believe he is just pointing out how absurd some of the laws regarding firearms are..

[vladtepes 1,060]

looks something like this.. I think..

 

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.

 

b. 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 and disposition of firearms, a legal owner of a shotgun or a rifle may temporarily transfer that firearm 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. The person to whom a shotgun or rifle is temporarily transferred by the legal owner may receive, possess, carry and use that shotgun or rifle in the woods or fields or upon the waters of this State for the purposes of hunting if the transfer is made in the woods or fields or upon the waters of this State, the shotgun or rifle is legal and appropriate for hunting and the person to whom the firearm is temporarily transferred possesses a valid license to hunt with a firearm, and a valid rifle permit if the firearm is a rifle, obtained in accordance with the provisions of chapter 3 of Title 23 of the Revised Statutes.

 

The transfer of a firearm under this subsection shall be for not more than eight consecutive hours in any 24-hour period and no fee shall be charged for the transfer.

 

The legal owner of the firearm which is temporarily transferred shall remain in the actual presence or in the vicinity of the person to whom it was transferred during the entire time that the firearm is in that person's possession.

 

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.

 

c. No firearm shall be temporarily transferred or received under the provisions of subsections a. or b. of this section for the purposes described in section 1 of P.L.1983, c.229 (C.2C:39-14).

 

d. An owner or dealer shall not transfer a firearm to any person pursuant to the provisions of this section if the owner or dealer knows the person does not meet the qualifications set forth in subsection c. of N.J.S.2C:58-3 for obtaining or holding a firearms purchaser identification card or a handgun purchase permit. A person shall not receive, possess, carry or use a firearm pursuant to the provisions of this section if the person knows he does not meet the qualifications set forth in subsection c. of N.J.S.2C:58-3 for obtaining or holding a firearms purchaser identification card or a handgun purchase permit.

[maideneddie 35]

I know Vlad, that is my point also.

[Dan 177]

There are strict guidelines as to where the transfer may take place and for what purpose:

 

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

 

The person to whom a shotgun or rifle is temporarily transferred by the legal owner may receive, possess, carry and use that shotgun or rifle in the woods or fields or upon the waters of this State for the purposes of hunting if the transfer is made in the woods or fields or upon the waters of this State, the shotgun or rifle is legal and appropriate for hunting and the person to whom the firearm is temporarily transferred possesses a valid license to hunt with a firearm, and a valid rifle permit if the firearm is a rifle, obtained in accordance with the provisions of chapter 3 of Title 23 of the Revised Statutes.

 

I did start this thread to bring awareness to NJ's ridiculous laws. Many people may not be aware of this, but handing your cousin your handgun or maybe even rifle or shotgun in your own home could be technically breaking a serious law with serious consequences. Sure the odds of ever being caught are minuscule, but it is something to be aware of.

[djg0770 481]

Are you a NJ politician? This seems to be the line of irrational thought that goes into making gun laws in this state. I would think that transfer of a firearm in your own dwelling (meaning in your house) would not even be a legal issue. If your friend was to shoot you with the gun while they are holding it, the least of your problems would be illegal transfer of a firearm. Just my opinion, but how would big brother even be aware that this was going on anyway unless you broadcast live streaming video of your home on the computer or on TLC.

 

I just want to know where all these laws were when Jayson Williams shot the limo driver? Regular Joe would have been locked up for a looooooooooooooooooooong time (see Brian Aitken for proof).

[joecs1 11]

Did I just read this right?????? I cant take my son to the range until he is 18? Then how do these youth marksmanship leagues exist?

[mipafox 438]

Have you ever had a friend over your house, and handed him or her your shiny new handgun to check it out and you are not an FFL, dealer, or gunsmith operating from your home?

 

My house, their house, no house, probably once a week! Did it today with a gun with a barrel under 16 inches

 

(I'm so sorry)

[Dan 177]

Did I just read this right?????? I cant take my son to the range until he is 18? Then how do these youth marksmanship leagues exist?

 

There are exceptions for minors:

 

2C:58-6.1. Possession of firearms by minors; exceptions

14. a. No person under the age of 18 years shall purchase, barter or otherwise acquire a firearm and no person under the age of 21 years shall purchase, barter or otherwise acquire a handgun, unless the person is authorized to possess the handgun in connection with the performance of official duties under the provisions of N.J.S.2C:39-6.

 

b. No person under the age of 18 years shall possess, carry, fire or use a firearm except as provided under paragraphs (1), (2), (3) and (4) of this subsection; and, unless authorized in connection with the performance of official duties under the provisions of N.J.S.2C:39-6, no person under the age of 21 years shall possess, carry, fire or use a handgunexcept under the following circumstances:

 

(1) In the actual presence or under the direct supervision of his father, mother or guardian, or some other person who holds a permit to carry a handgun or a firearms purchaser identification card, as the case may be; or

 

(2) For the purpose of military drill under the auspices of a legally recognized military organization and under competent supervision; or

 

(3) For the purpose of competition or target practice in and upon a firing range approved by the governing body of the municipality in which the range is located or the National Rifle Association and which is under competent supervision at the time of such supervision or target practice or instruction and training at any location; or

 

(4) For the purpose of hunting during the regularly designated hunting season, provided that he possesses a valid hunting license and has successfully completed a hunter's safety course taught by a qualified instructor or conservation officer and possesses a certificate indicating the successful completion of such a course.

 

c. A person who violates this section shall be guilty of a crime of the fourth degree. For purposes of this section the fact that the act would not constitute a crime if committed by an adult shall not be deemed to prohibit or require waiver of family court jurisdiction pursuant to N.J.S.2C:4-11 or to preclude a finding of delinquency under the "New Jersey Code of Juvenile Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.), P.L.1982, c.79 (C.2A:4A-60 et seq.), P.L.1982, c.80 (C.2A:4A-76 et seq.) and P.L.1982, c.81 (C.2A:4A-70 et seq.).

[Dan 177]

My house, their house, no house, probably once a week! Did it today with a gun with a barrel under 16 inches

 

(I'm so sorry)

 

OK OK, i should have said "and you live in NJ" as most people on the New Jersey Gun Forums do.

[mipafox 438]

OK OK, i should have said "and you live in NJ" as most people on the New Jersey Gun Forums do.

 

You know I can't help it, right?

[KpdPipes 388]

I just want to know where all these laws were when Jayson Williams shot the limo driver? Regular Joe would have been locked up for a looooooooooooooooooooong time (see Brian Aitken for proof).

 

Jayson Williams was arrested..however as an NBA player he was able to pay an HUGE bail to stay out of jail before his trial. Btirn Aitken was in jail after he was CONVICTED... there IS a difference there you know....

[djg0770 481]

Jayson Williams was arrested..however as an NBA player he was able to pay an HUGE bail to stay out of jail before his trial. Btirn Aitken was in jail after he was CONVICTED... there IS a difference there you know....

 

Yeah, of course there is. Jayson Williams killed a guy - IMO that's not even debatable, but then again he's the NBA. Brian Aitken killed no one, and he's just another basic Joe.

[KpdPipes 388]

Yeah, of course there is. Jayson Williams killed a guy - IMO that's not even debatable, but then again he's the NBA. Brian Aitken killed no one, and he's just another basic Joe.

Reading is Fundamental... He was free because he MADE BAIL, and KEPT free because of Technicalities and mistakes made in the case...IMO he SHOULD have gone to jail, and would have if the investigators didnt screw the pooch. Aitkin was not because he was CONVICTED

[djg0770 481]

Reading is Fundamental... He was free because he MADE BAIL, and KEPT free because of Technicalities and mistakes made in the case...IMO he SHOULD have gone to jail, and would have if the investigators didnt screw the pooch. Aitkin was not because he was CONVICTED

 

You can call it "technicalities" and "mistakes" all you want. Funny how all these ball players are never convicted. It's a conspiracy I tell you...

[KpdPipes 388]

You can call it "technicalities" and "mistakes" all you want. Funny how all these ball players are never convicted. It's a conspiracy I tell you...

WHere's that dang headslap Smiley when you need it.... B)