So my wife gets her FID and i don't "yet", question....

[Kevin Mc 0]

Hi All,

 

If you have been following the "taking action in Essex county" thread you know what we (in Essex county) have been dealing with....

 

So last week I get a call from the very nice detective that my wife and I submitted our applications to and he says in effect my wife can come get her FID and P2P, but I need to write a letter explaining a few things on my driving abstract.

 

No big surprise there (for me anyway) and I have submitted the requested letter and I really don’t want to get into a debate about if he can legally ask and if I should give them a letter or not. I think I will have my FID and P2P this week or next……but just in case not:

 

I am assuming if she buys her pistol a rifle and a shotgun I can legally take the long guns to/from, and use them at the range, correct?

 

The pistol I am not so sure about, maybe I can maybe not, can anyone clarify?

 

I am sort of looking at the worst case scenario, if it takes longer than I think to get my permits.

 

Thanks

Kevin

[locochinoloco 0]

From the very little that I know. To take possession of any firearm you need a NJFID. But, if she was there with you at the range, you can use both the handgun and longarm.

[osb 0]

Hi All,

 

If you have been following the "taking action in Essex county" thread you know what we (in Essex county) have been dealing with....

 

So last week I get a call from the very nice detective that my wife and I submitted our applications to and he says in effect my wife can come get her FID and P2P, but I need to write a letter explaining a few things on my driving abstract.

 

No big surprise there (for me anyway) and I have submitted the requested letter and I really don’t want to get into a debate about if he can legally ask and if I should give them a letter or not. I think I will have my FID and P2P this week or next……but just in case not:

 

I am assuming if she buys her pistol a rifle and a shotgun I can legally take the long guns to/from, and use them at the range, correct?

 

The pistol I am not so sure about, maybe I can maybe not, can anyone clarify?

 

I am sort of looking at the worst case scenario, if it takes longer than I think to get my permits.

 

Thanks

Kevin

 

What is on your driving record that your township need to be concerned about? that makes no sense.

 

you have a dui or wreckless driving?

[dwamp2006 1]

she would have to be with you whenever the guns are being transported, i also believe that even if you have you FID if its her guns she still has to be there.

[Kevin Mc 0]

My understanding was that the FID was for purchase only, if the guns are legally acquired owned which they will be that I can use them whether I have an FID or not.

 

Maybe I am wrong, and I think the pistol is another issue, but i dont see the problem with the long guns.

 

Kevin

[Old Glock guy 1,127]

she would have to be with you whenever the guns are being transported, i also believe that even if you have you FID if its her guns she still has to be there.

 

IANAL, but I believe this is correct.

[Malsua 1,422]

A firearms Purchaser ID is for the Purchase of Long guns and ammunition that can be used in a handgun and it permits you to have a long gun outside of the exemptions in legal places. It does not confer any legality to handguns.

 

You may not take firearms to the range if they are not yours. You may use them only under her supervision at a firing range.

[raz-0 1,260]

My understanding was that the FID was for purchase only, if the guns are legally acquired owned which they will be that I can use them whether I have an FID or not.

 

Maybe I am wrong, and I think the pistol is another issue, but i dont see the problem with the long guns.

 

Kevin

 

Under NJ law, that would be a transfer. So no, you can't.

[Alex V 99]

you have a dui or wreckless driving?

 

I've had two careless drivings and countless speeding tickets... never asked anything like than when applying for an FID.

 

I love how inconsistant the requirements are from town to town. Rediculous.

[osb 0]

I can understand a stop and talk check for a history of tickets, that implies careless decision making which, arguably, could translate into owning a weapon..

 

a few blemishes over a decade ago is a another story.

[kman 56]

Her guns are hers and your guns are yours. If you own no guns, hers are still not yours unless and until you and her do a formal documented transfer for a specific gun. And if you can't legally do a transfer because you dont have a card yet, then you can't touch them except if you are with her at the range or if she is a firearm instructor giving you instruction. It is stupid but that is how the law works.

 

You have to look at it as two different things-transfer and possession. Just because generally speaking you could possess a gun while driving to the range is one thing quite and apart of whether you did an illegal transfer by taking her specific gun with you when you went to the range without her being with you. There is no borrowing guns in this state. Since these are all felonies, be careful.

 

Good luck to you on your application. Hire a lawyer and fight it if you are denied.

 

Sent from my DROID2 GLOBAL using Tapatalk 2

 

 

[ryan_j 0]

I can understand a stop and talk check for a history of tickets, that implies careless decision making which, arguably, could translate into owning a weapon..

 

a few blemishes over a decade ago is a another story.

 

I don't see how they can deny you a FPID for that though. I thought it was only felonies and misdemeanor dv. Only really crappy places like NYC deny you for traffic tickets.

[osb 0]

I don't see how they can deny you a FPID for that though. I thought it was only felonies and misdemeanor dv. Only really crappy places like NYC deny you for traffic tickets.

 

I think it was the locality denying him and that is up to the sole discretion of the CPD. The CPD can deny you "just because he doesn't want you owning a gun". You then would have to go in front of a judge who would use his brain to allow you to have one.

 

NJ makes it purposefully hard, but I can understand some of it.

[Kevin Mc 0]

Hi All and Thanks…..

 

For the record, I have not been denied my permits, I was asked to explain a few things and I have done so in writing.

 

I fully expect to get my FID and my question was more of a buy now with wife’s FID or buy later with mine.

 

The clear answer is let her buy her pistol now and wait to get the long guns I want once my FID is approved.

 

Of course, how could we not “borrow” long guns? We share everything and we can’t both purchase the same gun….odd laws as usual in NJ.

 

I guess we need his and hers gun safes and duplication of all firearms…..just in case

 

The likelihood that she will ever shoot the long guns without me is slim to none, so I should be the one to buy those.

 

Kevin

[302w 83]

Honestly, have her buy the rifles. Don't take them out of the house alone until you get your FID. When you get your fid, you technically must buy the rifle from her to take it out. Technically the only difference is a COE to buy from her, which you're not required to keep, so...

[jackandjill 683]

I am relatively new comer, but "have her buy take transfer for your use later" sounds like straw purchase, strictly speaking ofcourse.

[302w 83]

Yes. She can't buy a gun just to sell it to him later.

 

There is, however, nothing to stop her from deciding to sell to anyone with an FID whenever she wants.

[varna 9]

I thought that "long" guns did not have to be registered in NJ? How do they "know" who it belongs to? So, if my wife has a NJ FID and takes my 20ga out to the skeet field with the daughter....they are illegal? BTW the shotgun was purchased 30 years ago out of state.

This would be news to me.

Thanks

[RubberBullets 65]

I thought that "long" guns did not have to be registered in NJ? How do they "know" who it belongs to? So, if my wife has a NJ FID and takes my 20ga out to the skeet field with the daughter....they are illegal? BTW the shotgun was purchased 30 years ago out of state.

This would be news to me.

Thanks

 

 

 

 

[vladtepes 1,060]

I thought that "long" guns did not have to be registered in NJ? How do they "know" who it belongs to? So, if my wife has a NJ FID and takes my 20ga out to the skeet field with the daughter....they are illegal? BTW the shotgun was purchased 30 years ago out of state.

This would be news to me.

Thanks

 

just because it does not make sense does not mean it is accurate... 

read the law.. it is clear as can be..

 

here is the news you are looking for...

 

 

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, the legal owner, or a dealer licensed under N.J.S.2C:58-2, may temporarily transfer a handgun, rifle or shotgun to another person who is 18 years of age or older, whether or not the person receiving the firearm holds a firearms purchaser identification card or a permit to carry a handgun. The person to whom a handgun, rifle or shotgun is temporarily transferred by the legal owner of the firearm or a licensed dealer may receive, possess, carry and use that handgun, rifle or shotgun, if the transfer is made upon a firing range operated by a licensed dealer, by a law enforcement agency, a legally recognized military organization or a rifle or pistol club which has filed a copy of its charter with the superintendent and annually submits to the superintendent a list of its members and if the firearm is received, possessed, carried and used for the sole purpose of target practice, trap or skeet shooting, or competition upon that firing range or instruction and training at any location. A transfer under this subsection shall be for not more than eight consecutive hours in any 24-hour period and may be made for a set fee or an hourly charge. The firearm shall be handled and used by the person to whom it is temporarily transferred only in the actual presence or under the direct supervision of the legal owner of the firearm, the dealer who transferred the firearm or any other person competent to supervise the handling and use of firearms and authorized to act for that purpose by the legal owner or licensed dealer. The legal owner of the firearm or the licensed dealer shall be on the premises or the property of the firing range during the entire time that the firearm is in the possession of the person to whom it is temporarily

transferred. The term "legal owner" as used in this subsection means a natural person and does not include an organization, commercial enterprise, or a licensed manufacturer, wholesaler or dealer of firearms.

 

b. 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 and disposition of firearms, a legal owner of a shotgun or a rifle may temporarily transfer that firearm to another person who is 18 years of age or older, whether or not the person receiving the firearm holds a firearms purchaser identification card. The person to whom a shotgun or rifle is temporarily transferred by the legal owner may receive, possess, carry and use that shotgun or rifle in the woods or fields or upon the waters of this State for the purposes of hunting if the transfer is made in the woods or fields or upon the waters of this State, the shotgun or rifle is legal and appropriate for hunting and the person to whom the firearm is temporarily transferred possesses a valid license to hunt with a firearm, and a valid rifle permit if the firearm is a rifle, obtained in accordance with the provisions of chapter 3 of Title 23 of the Revised Statutes. The transfer of a firearm under this subsection shall be for not more than eight consecutive hours in any 24-hour period and no fee shall be charged for the transfer. The legal owner of the firearm which is temporarily transferred shall remain in the actual presence or in the vicinity of the person to whom it was transferred during the entire time that the firearm is in that person's possession. The term "legal owner" as used in this subsection means a natural person and does not include an organization, commercial enterprise, or a licensed manufacturer, wholesaler or dealer of firearms. 

 

c. No firearm shall be temporarily transferred or received under the provisions of subsections a. or b. of this section for the purposes described in section 1 of P.L.1983, c.229 (C.2C:39-14).

 

d. An owner or dealer shall not transfer a firearm to any person pursuant to the provisions of this section if the owner or dealer knows the person does not meet the qualifications set forth in subsection c. of N.J.S.2C:58-3 for obtaining or holding a firearms purchaser identification card or a handgun purchase permit. A person shall not receive, possess, carry or use a firearm pursuant to the provisions of this section if the person knows he does not meet the qualifications set forth in subsection c. of N.J.S.2C:58-3 for obtaining or holding a firearms purchaser identification card or a handgun purchase permit.

 

 

so technically.. if they ever said "oh it is my husbands gun I am just using it for the day" then sure.. that is illegal.. per the letter of the law.. 

[DSD1026 48]

if you wanted to get cute about it, could he just fill out 2 COE's for the long gun(s)?   one from her to him and one from him to her and have them the same date..  this way, no one knows which came first..   just a question, not a suggestion

 

handgun, on the other hand, she will always have to have her present for you to use..  same with my wife's 38..  i cannot take it to the range myself and use it..  technically illegal

[vladtepes 1,060]

if you wanted to get cute about it, could he just fill out 2 COE's for the long gun(s)?   one from her to him and one from him to her and have them the same date..  this way, no one knows which came first..   just a question, not a suggestion

 

handgun, on the other hand, she will always have to have her present for you to use..  same with my wife's 38..  i cannot take it to the range myself and use it..  technically illegal

 

 

whatever amount of law an individual is willing to break is up to them.. but unfortunately in NJ there is ONE owner of a firearm.. so if her COE came first then it is your gun..

 

yes.. ridiculous.. but the law as it is written.. 

[DSD1026 48]

so much fail with NJ laws..  cant even begin to understand some of them..