Buying AR rifle out of state

[ShoreZ11759 0]

I have a hypothetical situation and i wanted to see if I could get a good answer here...

 

If i were to buy a 'evil', banned 'assault rifle' such as a SCAR or ACR in another state and keep that rifle in the state where they are legal (in this instance, VA), would i be able to buy it in VA and keep it in VA? I have family down there that i go see once a month or so and i figure if i keep it there, I won't have to muck it all up with welded brakes and pinned stocks.

 

is this possible??

 

thanks!

[MrP 81]

Pretty sure that's a no-go. It'd be easier to have a relative purchase the rifle you want, as you want it, and then maybe let you use it whenever they take it out.

[Kaiser7 33]

I have a hypothetical situation and i wanted to see if I could get a good answer here...

 

If i were to buy a 'evil', banned 'assault rifle' such as a SCAR or ACR in another state and keep that rifle in the state where they are legal (in this instance, VA), would i be able to buy it in VA and keep it in VA? I have family down there that i go see once a month or so and i figure if i keep it there, I won't have to muck it all up with welded brakes and pinned stocks.

 

is this possible??

 

thanks!

 

The part where you say, "In this case, VA" makes this not sound very hypothetical.

 

I'm pretty sure that's a no-no, I'll defer to the people who know best though. I do believe the best thing to do would be to have a relative buy it, let you shoot it when you're down there, and then just transfer ownership when you move out of this state.

[ShoreZ11759 0]

You are correct, the situation will move from hypothetical to reality if I can do it.

 

I suppose I could call a dealer/FFL in VA and ask if they would sell me an AR. If they do it, then it would be my responsibility to make sure it does not come into NJ if it has the evil features still present (F&T stock, threaded barrel)

 

I guess the question is, does the NJ ban restrict the guns from being in the state only or because my residence is in NJ, no NJ residents can own the rifle?

 

I'm confused, but at this point it seems worth asking about....just keep in another state that doesn't ban them...plus there is a rifle range about 5 miles from my family's house, it would be ideal.

[MikeL417 33]

No. If you leave the room with the gun in somebody elses posession that is an illeagle transfer. Jail time. There is a 90% nobody will ever know but if in a blue moon chance that you are asked to produce your firearms, "my family has it down in VA" means time to go to the big house in shiney new bracelets. amiright guys?

Mike

[MikeL417 33]

Have the person down there own it and whenever you are down there, shoot with them. Takes trust but that's your best bet... HELL move outta NJ

Mike

[MikeL417 33]

Also you'll be hard pressed to ever find a dealer who will wanna sell his NJ ban gun to a NJ resident... That falls back on his a** if anyhting ever happens. Bad plan over all IMO. sorry

Mike

[ShoreZ11759 0]

no, thanks for the straight answers, I rather enjoy not being in jail!

 

I wonder if the ban will ever lift in NJ..is that supposed to come up in 2012 for renewal?

[Plinker 1]

Hmmmm....what if you actually owned a home in another state? I suppose the best thing to do in that case would be to by it locally at the remote house...but could that even work? Nics wants driver license info and since you can't have two DL's... NJ would require you to have a NJ DL, right?

 

[hd2000fxdl 422]

No. If you leave the room with the gun in somebody elses posession that is an illeagle transfer. Jail time. There is a 90% nobody will ever know but if in a blue moon chance that you are asked to produce your firearms, "my family has it down in VA" means time to go to the big house in shiney new bracelets. amiright guys?

Mike

 

 

So you are saying if someone owns a gun in and keeps it in another state at a relatives house, it's against the law??

 

Mike, are you going by NJ Law or some other law, and if so what is it??

[Underdog 1,593]

Interesting topic...

 

So, if you had a safe in another state at someone else's residence and that person did not have access to it, that would still be considered an illegal transfer? Additionally, as an NJ resident you are not allowed to own those items that are banned, or you are not allowed to possess them within the state of NJ?

 

Would that also mean that you could not own magazines greater than 15-rounds, or say a folding stock, if they were out of state at say a friend's house?

[hd2000fxdl 422]

Interesting topic...

 

So, if you had a safe in another state at someone else's residence and that person did not have access to it, that would still be considered an illegal transfer? Additionally, as an NJ resident you are not allowed to own those items that are banned, or you are not allowed to possess them within the state of NJ?

 

Would that also mean that you could not own magazines greater than 15-rounds, or say a folding stock, if they were out of state at say a friend's house?

 

I believe that this may be a situation on people applying NJ law to other states, It doesn't sound right to me.

[Pizza Bob 1,488]

Federal law says that long guns purchased in other than your state of residence, must conform to the laws of both the state where the transaction takes place and the state of residence of the buyer. That leaves you out of luck on a NJ prohibited weapon. If the FFL knows what they are doing, they will refuse to sell you a non-compliant (in NJ) weapon.

 

Adios,

 

PIzza Bob

[hd2000fxdl 422]

Federal law says that long guns purchased in other than your state of residence, must conform to the laws of both the state where the transaction takes place and the state of residence of the buyer. That leaves you out of luck on a NJ prohibited weapon. If the FFL knows what they are doing, they will refuse to sell you a non-compliant (in NJ) weapon.

 

Adios,

 

PIzza Bob

 

Bob, what about if you owned a NJ legal firearm, are there any laws that would prohibit you from keeping it at a relatives home?

[Pizza Bob 1,488]

Bob, what about if you owned a NJ legal firearm, are there any laws that would prohibit you from keeping it at a relatives home?

 

It would depend on the laws of the state where your relative lives.

[hd2000fxdl 422]

It would depend on the laws of the state where your relative lives.

 

Ok, I though so, well I'm good then being mine is in the very free state of AZ..

[PK90 3,570]

Federal law says that long guns purchased in other than your state of residence, must conform to the laws of both the state where the transaction takes place and the state of residence of the buyer. That leaves you out of luck on a NJ prohibited weapon. If the FFL knows what they are doing, they will refuse to sell you a non-compliant (in NJ) weapon.

 

I interpret this differently Bob. IMO, the law says that the SALE must conform to laws of both states, not the FIREARM.

[Underdog 1,593]

Would that change if you didn't buy it, but instead inherited it? What if you were "renting" space?

[Silent Service 7]

I have a hypothetical situation and i wanted to see if I could get a good answer here...

 

If i were to buy a 'evil', banned 'assault rifle' such as a SCAR or ACR in another state and keep that rifle in the state where they are legal (in this instance, VA), would i be able to buy it in VA and keep it in VA? I have family down there that i go see once a month or so and i figure if i keep it there, I won't have to muck it all up with welded brakes and pinned stocks.

 

is this possible??

 

thanks!

 

Ask Eric Holder, He'll give you a straight answer.

[Pizza Bob 1,488]

I interpret this differently Bob. IMO, the law says that the SALE must conform to laws of both states, not the FIREARM.

 

You may be (probably are) correct. I didn't look up the cite, just going by memory - which is worsening everyday. Even still you may be hard pressed to find an FFL that would sell you a prohibited NJ weapon, on NJ credentials.

 

OTOH, doesn't a conforming sale consist of purchasing a weapon that would be legal in both states?

 

Adios,

 

Pizza Bob

[PK90 3,570]

OTOH, doesn't a conforming sale consist of purchasing a weapon that would be legal in both states?

 

I shall add this to one of my questions to the ATF. They are giving a dealer only seminar in Freehold next month.

[ShoreZ11759 0]

Interesting topic...

 

So, if you had a safe in another state at someone else's residence and that person did not have access to it, that would still be considered an illegal transfer? Additionally, as an NJ resident you are not allowed to own those items that are banned, or you are not allowed to possess them within the state of NJ?

 

Would that also mean that you could not own magazines greater than 15-rounds, or say a folding stock, if they were out of state at say a friend's house?

 

I agree with PK's interpretation, it doesn't say anything about ownership, it's the sale. But if you can't buy it, how do you get it unless you lived in another state, bought it legally, and now live in NJ with the weapon stored in another state.

 

 

..so when does this ban die again? ha!

[JackDaWack 2,895]

I agree with PK's interpretation, it doesn't say anything about ownership, it's the sale. But if you can't buy it, how do you get it unless you lived in another state, bought it legally, and now live in NJ with the weapon stored in another state.

 

 

..so when does this ban die again? ha!

From a thread back in '09 Chapter 54, Firearms and Weapons, expires on November 13, 2012. I wonder if they changed it like the scum bags they are.

[Qel Hoth 33]

From a thread back in '09 Chapter 54, Firearms and Weapons, expires on November 13, 2012. I wonder if they changed it like the scum bags they are.

 

Chapter 54? Firearms laws are 2C:39 and 2c:58, and there is no mention in the NJSA (NJ Statutes Amended) of any sunset date. Perhaps that is NJAC (NJ Administrative Code)?

[halbautomatisch 60]

As others have said, you are going to have trouble finding a dealer that will sell you a non NJ compliant gun since the ATF prohibits a dealer from selling it to you. That being said, a lot of guys moved their "AW's" out of NJ when the ban went into effect but still maintained ownership of them. The only legal way to get one now would probably be to inherit one or be a dual resident.

 

I can't say specifically whether leaving your firearms at someone else's house constitutes an illegal transfer, but I would think in most cases (and in most places) not. Locking them in a safe at someone's home that is not yours, I would think, would be even more likely to be legal if the home's residents did not have access to the safe.

[vladtepes 1,060]

if you want an evil AR15 it is NO PROBLEM..

 

you are all saying can't buy.. can't buy.. well I bet he can buy an NJ legal lower.. drive down to VA.. and BUILD an ultra evil AR.. one with a 100 round drum.. flash hider.. etc.. what happens then? lol

 

AND

 

just to confuse the issue.. he could leave the ultra evil upper there when he comes back to NJ.. because an upper is NOT a firearm..

[halbautomatisch 60]

if you want an evil AR15 it is NO PROBLEM..

 

you are all saying can't buy.. can't buy.. well I bet he can buy an NJ legal lower.. drive down to VA.. and BUILD an ultra evil AR.. one with a 100 round drum.. flash hider.. etc.. what happens then? lol

 

AND

 

just to confuse the issue.. he could leave the ultra evil upper there when he comes back to NJ.. because an upper is NOT a firearm..

 

^^^^^^ This - all very true.

[JackDaWack 2,895]

Chapter 54? Firearms laws are 2C:39 and 2c:58, and there is no mention in the NJSA (NJ Statutes Amended) of any sunset date. Perhaps that is NJAC (NJ Administrative Code)?

I checked it's the NJAC, not like i was getting my hopes up anyway.

[Daedalus 19]

What you need to do is find some way to obtain a VA driver's license. Ask any college kid how!

[ShoreZ11759 0]

too bad you cannot do dual state residences