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Girlfriend using my gun for home protection?

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I have the same issue, but I'm married. Is it really going to matter? As long as she's not a felon or mentally unstable and it's a "good shot" then who cares. Her safety is more important than anything else.

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The law is so gray on this and you are going to get a few different angles and opinions. It could be deemed an illegal transfer...on the other hand there is wording in the legislation that you can use ANY gun that is in your home.

 

Honestly , the best thing to do is have her apply for her FID and some permits at the same time , find some handguns she likes and can call her own , and have her enjoy some training.Can't go wrong there and takes all opinion out of the matter.

 

If my life or my children's life was in danger and my husband's firearms are more accessible when someone comes busting down the door in a home invasion ..I'll worry about the whole illegal transfer thing after we're all safe.

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The intent of the law for firearm transfers is not to prevent a cohabitant or even a house-guest from using a firearm in self-protection within the firearm owner's own house. There are other things more important to worry about than this.

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The intent of the law for firearm transfers is not to prevent a cohabitant or even a house-guest from using a firearm in self-protection within the firearm owner's own house. There are other things more important to worry about than this.

Agreed

can she use it to protect herself

^ that is the only part of your question to worry about. If she has never shot a gun , and if there is a possibility she would use one that is in her home to defend herself , she should go to the range with you and get familiar with it at the very least. Or make taking a pistol class together a fun couple's thing to do. I highly recommend dates at the range ;)

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I would also recomend home-practice including loading and dry-firing with snap-caps and some drills to access the firearm, chamber a round and fire under simulated pressure conditions. I do this with snap caps too of course, and of course always ALWAYS unload and check the firearm, and lock up LOCK UP the real ammo before doing any drill, especially when dry-fire is involved.

 

I also made a one page, large font checklist with diagrams for my wife to refer to--have it posted right next to the gun safe in case she panics--so she does not forget about the safety or something.

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the use of any type of firearm by anyone but the person its registered to is considered an illegal transfer, unless under supervision at a range by the gun owner.

 

I'm going to keep arguing that a cohabitant handling or using a gun within the owner's house is not a "transfer" and it's not the intent of the transfer law or NJ law to make cohabitants have their own firearms for valid self-defense use within the house until there is case law that shows me to be wrong.

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Go watch the Hunger Games and then get her a bow and some arrows. Make sure they are not hollow point and that you only have 15 in the quiver... And, get some Crimson Trace arrowheads.

 

Is it better to be alive and have some serious legal jeopardy? Has she applied for her own FID card?

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I'm going to keep arguing that a cohabitant handling or using a gun within the owner's house is not a "transfer" and it's not the intent of the transfer law or NJ law to make cohabitants have their own firearms for valid self-defense use within the house until there is case law that shows me to be wrong.

you can argue all you want, maybe you better read up on the laws of transferring a firearm N.J.S. 2C:58-3.2 & N.J.S. 2C:58-3.1

I'm not stating what to do if an intrusion should happen, just the law

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you can argue all you want, maybe you better read up on the laws of transferring a firearm N.J.S. 2C:58-3.2 & N.J.S. 2C:58-3.1

I'm not stating what to do if an intrusion should happen, just the law

 

You are wrong. The law provides an exemption that nothing in the statute shall be construed as to prevent a person from possessing and carrying ANY firearm in their home, premise or dwelling. ANY firearm.

 

 

Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

 

 

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,

(This means that the law governing temporary transfer of firearms are exempted by other statutes to the contrary...such as, you may possess and carry about your busines, residence and premise ANY firearm)

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I wonder if we can have a thread on almost the exact same thing every week............jeez

 

who really cares that much? It's one of those things that would get decided by the prosecutor and then a judge. We can armchair judge this every which way but it comes down to the prosecutor and judge. Personally I would prefer to be judged by 12 than carried by 6. My opinion is that if it is that much of a concern, get her a FID and a gun of her own to shoot.

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I have the same issue, but I'm married. Is it really going to matter? As long as she's not a felon or mentally unstable and it's a "good shot" then who cares. Her safety is more important than anything else.

 

This. Ideally, she should have her own gun that she's comfortable with so that you can BOTH protect yourselves. However, if that's not a viable option for whatever reason (funds don't allow or whatever) then who cares? Rather be judged by 12 than carried by 6 applies to this scenario. Make sure your girlfriend knows the limitations on defending oneself, that's the most important aspect.

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This. Ideally, she should have her own gun that she's comfortable with so that you can BOTH protect yourselves. However, if that's not a viable option for whatever reason (funds don't allow or whatever) then who cares? Rather be judged by 12 than carried by 6 applies to this scenario. Make sure your girlfriend knows the limitations on defending oneself, that's the most important aspect.

Limitations: Keep firing till bad guy is no longer a threat.

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I have the same issue, but I'm married. Is it really going to matter? As long as she's not a felon or mentally unstable and it's a "good shot" then who cares. Her safety is more important than anything else.

 

Very concise and sensable Ray! Why would anyone even ask this question?

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the use of any type of firearm by anyone but the person its registered to is considered an illegal transfer, unless under supervision at a range by the gun owner.

 

This argument is flawed, since we know that not all guns are registered, yet they can still be legal in NJ.

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You are wrong. The law provides an exemption that nothing in the statute shall be construed as to prevent a person from possessing and carrying ANY firearm in their home, premise or dwelling. ANY firearm.

 

 

Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

 

 

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,

(This means that the law governing temporary transfer of firearms are exempted by other statutes to the contrary...such as, you may possess and carry about your busines, residence and premise ANY firearm)

 

And once again, the statute with "ANY" in it, also mentions ranges, which, by your definition means that the spouse could then use the "ANY" gun, anywhere it is exempted, meaning you could buys guns and the spouse use them at all the exempted locations. This is patently NOT LEGAL.

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Limitations: Keep firing till bad guy is no longer a threat.

Yes, but another limitation is knowing and understanding when the bad guy IS a threat, having the restraint to not shoot until they become a threat, and how to articulate that to the police when they show up.

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Yes, but another limitation is knowing and understanding when the bad guy IS a threat, having the restraint to not shoot until they become a threat, and how to articulate that to the police when they show up.

 

Someone breaks into your home, they are threat. Done. See how easy that was.

 

The transfer law was intended to prevent you from loaning out your guns to people that they then take OUTSIDE the home. Really has nothing to do with what a spouse does inside it.

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The law on illegal transfers is even more important when you're away from your dwelling. If you and a buddy or two are out in the woods plinking and sharing hand guns, technically THAT is an illegal transfer. But if you are a member of a club that submits it's roster annually to the NJSP, then you're covered to play show and tell and shoot each other's hand guns all day long at the Club. In fact, you can loan someone a gun to shoot a match with so long as you're on the Club property!

 

So which has a better chance of happening? A Perp getting shot by your Wife or Girlfriend---OR---a Cop getting a radio call to go investigate a couple jamokes plinking with hand guns? I'm willing to bet the plinking in the woods calls go up this time of the year, what with the kids getting out of school and all.

 

These illegal transfer threads pop-up every few months, go round and round, die-out and come back to life every time some Noob raises the same question.......

 

The answer to this is: EVERYTHING about guns is illegal in NJ, and guns exist in this society solely due to Exceptions and Exemptions. So these threads become a War on who can quote the current Exceptions and Exemptions, as well as case law that's up-to-date. Pizza Bob and a few others are up to the task. Looking this crap up and trying to figure it all out gives me a headache. If some A-Hole needs to get popped, my Wife will do it. Nothing else other than her safety matters to me....

 

Dave

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The law on illegal transfers is even more important when you're away from your dwelling. If you and a buddy or two are out in the woods plinking and sharing hand guns, technically THAT is an illegal transfer. But if you are a member of a club that submits it's roster annually to the NJSP, then you're covered to play show and tell and shoot each other's hand guns all day long at the Club. In fact, you can loan someone a gun to shoot a match with so long as you're on the Club property!

 

So which has a better chance of happening? A Perp getting shot by your Wife or Girlfriend---OR---a Cop getting a radio call to go investigate a couple jamokes plinking with hand guns? I'm willing to bet the plinking in the woods calls go up this time of the year, what with the kids getting out of school and all.

 

These illegal transfer threads pop-up every few months, go round and round, die-out and come back to life every time some Noob raises the same question.......

 

The answer to this is: EVERYTHING about guns is illegal in NJ, and guns exist in this society solely due to Exceptions and Exemptions. So these threads become a War on who can quote the current Exceptions and Exemptions, as well as case law that's up-to-date. Pizza Bob and a few others are up to the task. Looking this crap up and trying to figure it all out gives me a headache. If some A-Hole needs to get popped, my Wife will do it. Nothing else other than her safety matters to me....

 

Dave

 

Absolutely correct, and boringly redundant and stupid. Sorry I'm not allowed to say "stupid"

 

But when I suggested a noob use the search function I was chastized as being rude.

 

Sure, I'll let one of my loved ones get raped or killed because I wouldn't give them firearms access. Yeah right...

 

This is pretty much a troll question. Not saying the OP is a troll...I'm not allowed to say that either.

 

So all I'm really allowed to say is..."This is a wonderful informative post"...<sarcasim>

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