Gifting a gun to son?

[XDJohnTact 49]

Sorry if this has been posted before, I did a quick search and did not find anything. i know my son can inherit my guns when I die, but is it alright for me to "gift" him a long arm now without breaking any (silly) NJ gun laws. Does it matter that he lives in DE now? THX

[njJoniGuy 2,131]

If you're in NJ (and still alive) and your son is in DE, the only way to legally transfer to him is through an FFL.

Use a NJ FFL and he must have a NJ FID with matching address to his D/L

Use a DE FFL and he's good to go

[XDJohnTact 49]

Thanks! I knew that was the case for a pistol but did not know about rifles? The way he switches jobs, he will probably be back in Jersey soon anyway.

[tommy3rd 132]

Use a NJ FFL and he must have a NJ FID with matching address to his D/L

if the son is a resident of DE, why would he need an NJ FID?

I think Dad just transfers the gun to an FFL in DE and the son has to find out what the laws are in DE to take possession of the firearm.

[Malsua 1,422]

As resident of a different state, the firearm will need to be transferred through an FFL, the only exception is inheritance bequeathal.

 

DE doesn't have registration, nor does it require permission from the state to obtain a gun, only a NICS check from an FFL at the time of purchase. Private transfers of guns do not require a NICS check in Delaware. If you had transferred any guns before he departed via a COE, there's nothing he needs to do to be legal in DE. Unfortunately, without a COE dated before he left, this gun in question needs to go through an FFL in Delaware.

[SpecialK 193]

if the son is a resident of DE, why would he need an NJ FID?

I think Dad just transfers the gun to an FFL in DE and the son has to find out what the laws are in DE to take possession of the firearm.

 

In this scenario the son would come to NJ and have the transfer done by a FFL here. Still needs a FPID if he is not a resident of the state of NJ.

[XDJohnTact 49]

In this scenario the son would come to NJ and have the transfer done by a FFL here. Still needs a FPID if he is not a resident of the state of NJ.

 

I don't know if DE has a FPID? In the meantime, I can bring my rifles to DE to shoot when I visit and leave them in his safe if I like?

[PK90 3,570]

As is posted in the tacked thread that vladtepes posted:

 

Long gun acquisitions by a non-resident from a NJ resident must be transferred through either a NJ dealer with a NICS check using a FPID, COE and Photo ID; or through an out-of-state dealer (consult buyer's home state laws).

 

NJ = "New Jersey"

NICS = "National Instant Criminal Background Check System"

ID = "Identification"

FPID = "State of NJ Firearms Purchaser IDENTIFICATION CARD"

COE = "Certificate of Eligibility"

[Malsua 1,422]

DE does not have FPID.

 

Unless the son has a NJ FPID issued to his DE address, he cannot transfer a gun in NJ.

 

The only issue here is legally conforming to the state and federal laws concerning interstate transfers of firearms.

 

If you left your guns in his safe, what of it? Even if for whatever reason, the guns were seized by the state of Delaware, he would not be charged with illegal possession since there are no laws against possession in DE except by felons, alcoholics and mentally disqualified people. As long as no transfer of ownership occurred, no law has been broken.

 

In Delaware, transfer of ownership of guns between private parties is no different than the transfer of a lawn mower or any other household item.

[SpecialK 193]

I don't know if DE has a FPID? In the meantime, I can bring my rifles to DE to shoot when I visit and leave them in his safe if I like?

 

They don't he would need a NJ FPID to have the transfer to happen here in NJ. Malsua has the best answer, just go leave the guns in his safe. You are not breaking any laws as long as you are jut storing them there and do not actually give them to him. In the mean time he can use your guns that you are storing at his house for the rest of his life as DE is located in the U.S.A.

[XDJohnTact 49]

They don't he would need a NJ FPID to have the transfer to happen here in NJ. Malsua has the best answer, just go leave the guns in his safe. You are not breaking any laws as long as you are jut storing them there and do not actually give them to him. In the mean time he can use your guns that you are storing at his house for the rest of his life as DE is located in the U.S.A.

DE does not have FPID.

 

Unless the son has a NJ FPID issued to his DE address, he cannot transfer a gun in NJ.

 

The only issue here is legally conforming to the state and federal laws concerning interstate transfers of firearms.

 

If you left your guns in his safe, what of it? Even if for whatever reason, the guns were seized by the state of Delaware, he would not be charged with illegal possession since there are no laws against possession in DE except by felons, alcoholics and mentally disqualified people. As long as no transfer of ownership occurred, no law has been broken.

 

In Delaware, transfer of ownership of guns between private parties is no different than the transfer of a lawn mower or any other household item.

 

Yep, that was what I was thinking as well. Problem solved!

[Daedalus 19]

I may be wrong or misunderstand the intent. Can't Dad bring the rifle to a DE FFL and transfer to his son there? NJ law doesn't really apply then at all.

[Malsua 1,422]

I may be wrong or misunderstand the intent. Can't Dad bring the rifle to a DE FFL and transfer to his son there? NJ law doesn't really apply then at all.

 

Correct.

[XDJohnTact 49]

Will probably look into that as well. For some reason, I was only thinking of transferring it from jersey. That's why we ask you guys for input!

[JrzyGuy30 0]

okay- not looking to dredge up an old topic.. but looking to buy a rifle for my uncle (lives in NJ) and I want to surprise it and gift it to him.. How do I legally do this??

[BlueLineFish 615]

okay- not looking to dredge up an old topic.. but looking to buy a rifle for my uncle (lives in NJ) and I want to surprise it and gift it to him.. How do I legally do this??

As long as he has a FID you can just buy it for him and let him pick it up at the store

[PK90 3,570]

Buy it and give it to him. Federal Law says you can gift firearms. Of course, in NJ, he needs to have a FPID. Then just do a COE.

[JrzyGuy30 0]

As long as he has a FID you can just buy it for him and let him pick it up at the store

 

He has an FID.

 

Buy it and give it to him. Federal Law says you can gift firearms. Of course, in NJ, he needs to have a FPID. Then just do a COE.

 

I am purchasing the rifle online and shipping to an FFL.. how would this work??

[PK90 3,570]

You purchase it like any other firearm. Answer YES to 11a on the Form 4473.

 

[JrzyGuy30 0]

You purchase it like any other firearm. Answer YES to 11a on the Form 4473.

 

 

So if I buy the rifle and take it home- and then gift it a month later, is that considered not legal? What I mean is, if I was to gift a rifle I already have, what is the process then?

[PK90 3,570]

COE