Question regarding family transfers

[yojoe300 3]

With all the potential chaos coming from Trenton, I want to make sure I'm legal in all regards.

 

My father and I are both FID holders. My dad owns roughly 30 shotguns and rifles (no handguns) he's collected over the years. He's offered me a couple for my collection and I want to verify 2 things.

 

1. Can I simply take possession of whatever he gives me, or do I need to go through a dealer? I do not intend to register them, but I want to make sure he can legally "gift" them to me.

 

2. My dad is in the process of drafting a will, and it appears I will be the one executing it. I'm the only child who has an FID. is there any rules or regulations concerning taking ownership of them when he passes?

 

Thanks for the help. This forum has been really beneficial for me!

[BrianN 0]

For question #1 you just have to fill out a certificate of eligibility for each long gun you have transferred to you from him.  Fill out two copies,, one for you and one for your dad and keep them wherever you keep your important documents.  I can't help you with question #2

 

Here's the link for the certificate of eligibility

 

 

http://www.njsp.org/info/pdf/firearms/sp-634.pdf

 

With all the potential chaos coming from Trenton, I want to make sure I'm legal in all regards.

My father and I are both FID holders. My dad owns roughly 30 shotguns and rifles (no handguns) he's collected over the years. He's offered me a couple for my collection and I want to verify 2 things.

1. Can I simply take possession of whatever he gives me, or do I need to go through a dealer? I do not intend to register them, but I want to make sure he can legally "gift" them to me.

2. My dad is in the process of drafting a will, and it appears I will be the one executing it. I'm the only child who has an FID. is there any rules or regulations concerning taking ownership of them when he passes?

Thanks for the help. This forum has been really beneficial for me!

[lunker 274]

The Certificate of Eligibility does not need to be sent anywhere. It is between you and your father. Guns, even handguns, directly willed to you (it must be explicit in the will) do not need to be transferred. They become yours.

[siderman 1,137]

just to expand on #2- you do not need a FPID to inherit a firearm. Your siblings can have a firearm left to them provided they are as stated above explitly named as such. No permits or registration required:

 

N.J.A.C. 13:54-1.13 Firearms passing to heirs or legatees
(a) Notwithstanding the provisions of this subchapter concerning the transfer, receipt or
acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card
shall not be required for the passing of a firearm upon the death of an owner thereof to their heir or
legatee, whether the same be by testamentary bequest or by the laws of intestacy. A person so
acquiring ownership may retain the firearm if he or she meets the requirements of N.J.A.C. 13:54-
1.5 and 1.6.
(b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of
the firearm for the purpose of sale for a period of 180 days, which period may be extended by the
chief of police or the Superintendent. During such period the firearm must be placed in the custody
of the chief of police or Superintendent.
© In the case of assault firearms or machine guns disposition shall be in accordance with
N.J.A.C. 13:54-5.
 

[Ian S 22]

The need for the firearm to be passed by a specific naming in the will has been repeated many times on this board, and I don't understand where this is coming from. Spouse, children and grandchildren are heirs by laws of intestacy. Legatees are specifically named in a will, but the law stated above clearly allows for an heir to inherit this personal property without it being specifically bequeathed in a will. There is no need to make ownership more onerous than it already is.

[siderman 1,137]

The need for the firearm to be passed by a specific naming in the will has been repeated many times on this board, and I don't understand where this is coming from. Spouse, children and grandchildren are heirs by laws of intestacy. Legatees are specifically named in a will, but the law stated above clearly allows for an heir to inherit this personal property without it being specifically bequeathed in a will. There is no need to make ownership more onerous than it already is.

So if the guns arent named to a specific heir/child, dont they all then go to the spouse(if there is one), thus not inhereted by the children?

[Ian S 22]

So if the guns arent named to a specific heir/child, dont they all then go to the spouse(if there is one), thus not inhereted by the children?

If there is a spouse and that spouse has no descendants which are not the descendants of the deceased. Etc, etc... A quick google search will give a number of law sites breaking down the many possible situations.

 

There is no requirement that firearms be specifically bequeathed in a will or that you need a copy of the will to prove you inherited them. If you are a legal heir, that is the limit of the law.

[Maksim 1,504]

The big sticking point is... you must be the direct beneficiary.

 

If say Dad died, and did not name you in the will as the receiver of guns, mom gets them all legally. If you want to take them from mom, you need COE's, pistol permits, etc.

 

 

 

 

Sent from my iPad using Tapatalk HD

[MadeInAmerica 2]

I have been under the impression for many years due to discussions with 2A knowledgeable LEO's that nothing is required for legal gun ownership in NJ. That is to say, anyone not barred from owning firearms may own them, no FID no P2P. The FID is to purchase in NJ. If one comes into ownership, or moves to NJ with firearms nothing is necessary. You may purchase long guns out of state (pursuant to that state's law) and bring them here (pursuant to NJ's ridiculous transport rules)(don't get caught), handguns purchasable only in home state (1968 federal (nazi) gun control act). In your own home the 2nd Ammendment still reigns supreme, depending on your County Prosecutor of course.

[Malsua 1,422]

I have been under the impression for many years due to discussions with 2A knowledgeable LEO's that nothing is required for legal gun ownership in NJ. That is to say, anyone not barred from owning firearms may own them, no FID no P2P. The FID is to purchase in NJ. If one comes into ownership, or moves to NJ with firearms nothing is necessary. You may purchase long guns out of state (pursuant to that state's law) and bring them here (pursuant to NJ's ridiculous transport rules)(don't get caught), handguns purchasable only in home state (1968 federal (nazi) gun control act). In your own home the 2nd Ammendment still reigns supreme, depending on your County Prosecutor of course.

 

Just a clarification, If you attempt to purchase a long gun in a different state, and that FFL is following the rules, you will need a NJ firearms Purchaser ID.   I.E. The purchase of a long gun in ANY state but your own requires that you satisfy the laws of BOTH states.

 

There are three ways to acquire firearms legally and be a resident of NJ.  First, you acquired them before you became a resident.  Second, you are active military and on your permanent duty station in a different state, you can purchase firearms in that state and only meet the requirements of that state, it includes  handguns.  Finally, if you are named in a will(the decedent can be a resident of any state) and firearms in that will are bequeathed to you, you may take possession of them assuming you are not legally prohibited to have them(If you are prohibited, you have 180 days to dispose of them).

 

As for the transport rules, no FPID is required but you must be transporting within the exemptions.(Range, gunshop, home, business you own, hunting).

[siderman 1,137]

The need for the firearm to be passed by a specific naming in the will has been repeated many times on this board, and I don't understand where this is coming from. Spouse, children and grandchildren are heirs by laws of intestacy. Legatees are specifically named in a will, but the law stated above clearly allows for an heir to inherit this personal property without it being specifically bequeathed in a will. There is no need to make ownership more onerous than it already is.

 

 

The big sticking point is... you must be the direct beneficiary.

 

If say Dad died, and did not name you in the will as the receiver of guns, mom gets them all legally. If you want to take them from mom, you need COE's, pistol permits, etc.

 

 

 

 

Sent from my iPad using Tapatalk HD

 

Maks just said what I said only better, thats where my first post was coming from. The "2nd tier" heir needs to be named if there is another person who is the direct beneficiary.

[almiz111 26]

Humbug. Dad completes a  handwritten STATEMENT OF DISPOSITON OF TANGIBLE PERSONAL PROPERTY  which references the will and gets the guns direct to you.  For this particular piece you need no stinkin lawyer either.

[Maksim 1,504]

Ian, now that I have a few more mins to respond....

 

There are no issues, and it seems you have some experience with estate planning.

 

If dad died, and you are next in line there are no issues. You do not need to be named in the will... I would still advise my clients to have the persons name still in there as it can help avoid probate... But in any case....

 

In most cases, the dad shoots, and the mom outlives dad. When dad died.... Unless the items were explicitly set with a designated beneficiary.... Ie.... My guns go to x, y, and z, all the personal property that does not have a designated beneciary transfers to the spouse. So dad dies, mom is owner of guns.

 

If you now want them, you need to follow all the rules as any other firearms transfer in NJ.

 

Now... The only way around this, legally would be if Mom disclaims the property and it goes to next person legally in line. As far as I know though, this was not taken up in courts for firearms in NJ. Then you have the issue of siblings.... If you have brothers and sisters, and mom does not want them.... And they are then split evenly between next beneficiaries.

 

In nj it is simple.... Unless they were willed to you..... You need to follow all current transfer laws.