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EO1986

Statute of Limitations on Transfers

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Totally hypothetical here, but here are a ton of posts on this forum regarding firearm transfers particularly between family members and close friends. I have to imagine there are a huge number of people out there who have committed what would be considered an illegal transfer, particularly within the family. My question is, lets say the transfer happened and there is no way to undo it obviously. The person finds out later that the transfer was not done legally from the forum, talking at the range, etc. What is that person supposed to do, especially if its years later? Does a person need to be worried about a gun their father/uncle/best friend etc gave them 20 years ago in the event of a traffic stop or other such incident, or is there a statute of limitations on these things?

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I dont really see how there are too many variables or that its a moral issue. I was under the impression that most violations of the law, short of murder, rape, etc, have a statute of limitations. Pretty straightforward. Is it a felony or a misdemeanor? I would think that all misdemeanors have a limit to how long after the fact that a person could be held liable.

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I recall hearing about a case in Essex county from 2 or 3 years ago where a judge ruled that the statute of limitations on illegal transfers was 5 years. Since the law is absent on setting a limit specific to this crime, by default it was ruled to be 5 years, like any other crime without a specified time limit.

 

If I find the time I will see if I can find the case.

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Generally speaking in the US the statute of limitations for misdemeanors is one year, felonies 5 years, and none for murder. There are exceptions. The clock starts with most crimes from the date it is commited but there are crimes where the clock doesn't start until discovery. I can't speak specifically on NJ law.

 

Found this:

 

http://law.findlaw.com/state-laws/criminal-statute-of-limitations/new-jersey/

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