Legality of using wife's pistol

[Tactical Turtle 11]

 

 

While a spouse may have a financial interest in a firearm, that does not mean they have the right to take possession of it.

 

When it comes to guns, the law does not differentiate based on your relationship to the other person.

 

I would think marriage would be a legal transfer, when u die... Ur wife gets Ur guns right....when she drives Ur car is that belongs to you is that an illegal transfer? I would think marriage would be an exception based on other cases where marriage gives your spouse the right to possess an item

[deadeye74 5]

If your wife uses her P2P, I don't think the origin of the cash means squat. I would say it makes no difference weather you hand the FFL the money or she does. The P2P is what matters here.

 

It is asinine that if you and your wife both have FID's and both have purchased pistols that you can't take your spouses pistol to the range unless you are there together. As mentioned before, if one of you dies while still married, the other is now the owner of all the guns so what's the difference?

[MrSurfboard 1]

NCIC2000 shows what guns are registered to a particular person through P2P. Merely running a serial number will not reveal the owner.

 

Correct.

[GRIZ 3,369]

 

 

I would think marriage would be a legal transfer, when u die... Ur wife gets Ur guns right....when she drives Ur car is that belongs to you is that an illegal transfer? I would think marriage would be an exception based on other cases where marriage gives your spouse the right to possess an item

 

I agree with your reasoning but that's not the law. The law says I can let any licensed driver use my car. You have to die firsr for your wife to get your guns in NJ without paperwork.

[woodentoe 14]

This is what I wonder. The statute says that the legal owner may transfer at a range as long as the legal owner is present. If firearms are, in some divorce proceedings forced to be sold because they are marital assets, and in Nj we have the concept of marital property, how is it that both spouses are NOT the legal owner in the first place?

 

What is the law that says that firearms do not count as marital property?

[Barms 98]

If Jon and MrSurf above are correct (and i never doubt Jon.. :-)

 

then that answers 90% of the "what happens when i get pulled over".. "what happens if i get rear-ended coming home from the range".. etc etc when you are knowingly using/borrowing a HG that you did not purchase on your own.

[Dan 177]

For all those wanting to know the inheratence statute:

 

Read all of 2C:58-3. This is the pertinent section:

 

2C:58-3 Purchase of firearms

 

j.Firearms passing to heirs or legatees. Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such firearm does not qualify to possess or carry it, he may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.

[M4BGRINGO 139]

It's a sucky situation for sure. I know I have been guilty of bringing the wifes handguns to the range without her being there. Was not aware of the law considering this an illegal transfer.

 

Hey, we know the law states the speed is 65 on the Turnpike, we can chose to obey it and onlt go 65, or we can knowingly break it and go 70 and face the repercussions if we are caught. Same can be said of the illegal transfer between spouses, except the penalties are far much greater!

[Sam02S2K 3]

I had this same exact question and I asked my FFL and he told me that the handgun is registered to your place of residence not to a person specifically. Anyone care to shed some light on this?

[hd2000fxdl 422]

I had this same exact question and I asked my FFL and he told me that the handgun is registered to your place of residence not to a person specifically. Anyone care to shed some light on this?

 

No light to shed, that's wrong

 

 

Sent from my iPad using Tapatalk

[Sam02S2K 3]

So does that mean I would have to re apply for a pistol permit to put it "under my name" so to speak? Because more than likely I would go to the range myself with that specific handgun without my wife oppose to her going without me.

[Mike777 0]

Related question. Does this lending of guns violation only apply to handguns or does it apply to long guns as well?

[Jon 264]

Related question. Does this lending of guns violation only apply to handguns or does it apply to long guns as well?

 

In NJ, you cannot lend any gun to someone else. You MUST transfer the gun, either on a permit to purchase, or a certificate of eligibility.

 

ETA: This is assuming you are not at the range with the person who wants to use the gun, or hunting with the person who is going to use the gun. Either of these locations, providing you are with them, are legal transfers without paperwork.

[this_is_nascar 162]

It's a sucky situation for sure. I know I have been guilty of bringing the wifes handguns to the range without her being there. Was not aware of the law considering this an illegal transfer.

 

Hey, we know the law states the speed is 65 on the Turnpike, we can chose to obey it and onlt go 65, or we can knowingly break it and go 70 and face the repercussions if we are caught. Same can be said of the illegal transfer between spouses, except the penalties are far much greater!

 

 

Yea. I've never heard of a speeding ticket recking someone's life.

[Mike777 0]

Thanks j0n.

[Mike777 0]

What makes this more ridiculous is you can hunt in NJ alone at the age of 14, but you cannot get an FID to purchase a fire arm until age 18. So every 16 year old hunting legally with a shotgun his parent bought him is breaking the law as well as the parent who purchased it.

 

Gotta love NJ.

[Dan 177]

What makes this more ridiculous is you can hunt in NJ alone at the age of 14, but you cannot get an FID to purchase a fire arm until age 18. So every 16 year old hunting legally with a shotgun his parent bought him is breaking the law as well as the parent who purchased it.

 

Gotta love NJ.

 

Wrong

 

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 handgun except 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.

[Mike777 0]

Thanks for the clarification.