Do I have this right? Inheritance situation.

[cmandp 0]

A few years ago my mom received my grandmother's (were my grandfather's) firearms after her passing; a few long guns and a couple of handguns.  I would like for either me or my father to be able to take these firearms to the range with peace of mind, knowing that we did everything legally.  The firearms were not mentioned specifically in either my grandmother's or grandfather's will and thus as I understand it, my mother legally owns these guns as next of kin and executor of the estate.  From my reading it seems I or my father would have to have an FPID and fill out a COE to transfer the long guns to our possession.  For the pistols either of us would need to obtain the necessary number of pistol permits and wait the 30 days between the transfer of each handgun.  Do I have this correct?  My mother cannot simply distribute the firearms to my father or I; they must be transferred as I previously described.  I also saw that there are exemption forms that can be filled out and approved by the Superintendent of State Police in order to transfer more than one handgun at once.  This seems to be like a lot of hassle when I looked at the forms; I think i can wait 30 days between transfers.

 

PS: All of the guns are NJ legal, that is to say none would be considered "Assault weapons" under NJ law.

[dwamp2006 1]

you are correct. sorry but thats NJ

[AlexTheSane 236]

You could apply for a 30 day exemption as a collector and try to transfer then in one shot.

[W2MC 1,699]

Um...it depends on who inherited the firearms.  Read the law - it is below.

 

 

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.

 

 

AND, from the NJ State Police's OWN WEBSITE: 

http://www.state.nj.us/njsp/faq.html#firearms

 

If I inherit a firearm what must I do?

 

Pursuant to N.J.S.A. 2C:58-3j, a firearm purchaser identification card and/or a handgun purchase permit shall not be required for the passing of a firearm upon the death of an owner thereof to his/her heir or legatee, whether the same by testamentary bequest or by the laws of intestacy. The firearm must be legal to possess in New Jersey and the persN.J.S.A. 2C:58-3con receiving the firearm shall not be prohibited by before receiving the firearm. If the heir or legatee does not qualify to acquire and possess the firearm, then ownership may be retained for a period not to exceed 180 days provided the firearm is transferred to the chief law enforcement officer of the municipality or the superintendent during such period.

 

Remember, GOOGLE IS YOUR FRIEND!

[Howard 538]

This is just another example of how stupid NJ laws are.  It is OK for you to inherit a gun from your grandfather when he dies, but if he is alive it is illegal for him to give you the gun.  Someone please explain to me how the net effect is any different and why the law should allow one but not the other.  Just stupid.

[JT Custom Guns 956]

You can apply (at the time of your initial HG permit application) for a Multi-Handgun Exemption (Form SP-015)

Which will require you to list the serial numbers of the HG's to be transferred - in this case Inherited.

 

The turn around time is usually the same, or less than a standard (single) HG permit - go figure!

But the permit(s) issued will only be valid for the Hg's you originally listed on the application form.........

[cmandp 0]

Um...it depends on who inherited the firearms.  Read the law - it is below.

 

 

*snip*

 

Remember, GOOGLE IS YOUR FRIEND!

I believe my mom inherited them.  They were never specifically willed to anyone in my grandmother's will and my mother (and her sister) were next of kin.  My aunt doesn't want them, so therefore they must be my mom's legally, from what I have read.  That section of the law says "whether the same be by testamentary bequest or by the laws of intestacy"; laws of intestacy seem to apply here since the firearms were not explicitly mentioned in the will.  A quote from a law firm's website on NJ laws of intestacy; "This short article is meant to explain in simple terms what happens to peoples’ non-beneficiary designated assets if they die without a Will in New Jersey." it goes on to say... "If there is no surviving spouse, then the entire intestate estate passes to the decedent’s descendants." (From: http://klenklaw.com/articles/article15)  What do you think friend?

 

You can apply (at the time of your initial HG permit application) for a Multi-Handgun Exemption (Form SP-015)

Which will require you to list the serial numbers of the HG's to be transferred - in this case Inherited.

 

The turn around time is usually the same, or less than a standard (single) HG permit - go figure!

But the permit(s) issued will only be valid for the Hg's you originally listed on the application form.........

You and Alex got me more curious about the multiple handgun exemption.  So If I want to transfer 2 handguns lets say, I will need to put in to the local police for 2 handgun permits and also fill out and send forms SP-015 and SP-016 to the NJSP, with the serial numbers of the two handguns I want to transfer at one time?  I do not need to go through an FFL for that, right?

[halbautomatisch 60]

 

 

You and Alex got me more curious about the multiple handgun exemption.  So If I want to transfer 2 handguns lets say, I will need to put in to the local police for 2 handgun permits and also fill out and send forms SP-015 and SP-016 to the NJSP, with the serial numbers of the two handguns I want to transfer at one time?  I do not need to go through an FFL for that, right?

Correct...... as long a Christie doesn't sign Sweeney's FPID revamp bill............

 

Go for the exemption, it's not hard to do and buying (in this case, transferring)  from someone who inherited handguns is an excepted reason to seek and be granted an exemption. By the time you get your permits, you'll have the exemption as well.

[JT Custom Guns 956]

Yea - What he said!

[ryan_j 0]

This is just another example of how stupid NJ laws are.  It is OK for you to inherit a gun from your grandfather when he dies, but if he is alive it is illegal for him to give you the gun.  Someone please explain to me how the net effect is any different and why the law should allow one but not the other.  Just stupid.

 

It's because they'd likely run afoul of some other laws if they did what they really wanted, which was to slow down and background check every firearm transferred as part of a will from a deceased person. 

[cmandp 0]

What would be an adequate reason to put under the "Reason for exemption request" section for my situation?

[halbautomatisch 60]

I agree with Jack JTCustom.  You will need NJ FPID and P2P permits per gun.  You should apply for exemption using NJSP 15.  Since you have no dealers selling you the firearms, NJSP 16 is not needed. 

 

After a "few years", you will not qualify for 13:54-1.13b exemption.  But the NJSP should grant form 15 exemption because it's essentially a sale of firearms from an estate, but years later so these laws do not apply. 

 

Under 2C:58-3.4, you qualify for an multiple handgun exemption if you purchase handguns from another person who inherited them from an estate.  This is meant for exactly this type of scenario, father dies, mother inherits all the guns, she wants to sell them all to her sons.  All of this is not direct inheritance, so it's not exempt from FPID and P2P. 

He will still need to fill out SP 016, it needs to be signed by the transferer.

[areacode201 4]

99999

[tony357 386]

Not to go off track but you have the same avatar as Wolfy..   throwing me off reading the thread..

[halbautomatisch 60]

Laws of intestacy only apply when a person dies without a will... i.e. they die intestate.  If someone dies intestate their property is divided evenly among their next of kin.  However, there was a will in this case and your mom was a beneficiary.  In either situation it appears that your mother likely legally possess the firearms.  If I were you I would just speak with the police officer who handles FID/P2P for your town and explain the situation you may will almost certainly be able to get the multi gun purchase exemption.

[chrisweiser 0]

Not to get off topic, but if I wanted to take one of my father's service pistols to the local gun range without him being present. Would that be illegal?

 

I should also add all weapons are nj legal and would be of course with permission. I'm sure it has been asked before, but this appeared to be a somewhat similar thread.

[ogfarmer 138]

Not to get off topic, but if I wanted to take one of my father's service pistols to the local gun range without him being present. Would that be illegal?

 

I should also add all weapons are nj legal and would be of course with permission. I'm sure it has been asked before, but this appeared to be a somewhat similar thread.

Not legal

[chrisweiser 0]

Not legal

Thank you ogfarmer. I figured as much.

[Smokin .50 1,907]

This is just another example of how stupid NJ laws are.  It is OK for you to inherit a gun from your grandfather when he dies, but if he is alive it is illegal for him to give you the gun.  Someone please explain to me how the net effect is any different and why the law should allow one but not the other.  Just stupid.

 

Howard,

 

The NJ laws are so convoluted that you could theoretically prop-up the body of a dead hand gun owner in the cab of your pick-up in order to be "legal" to transport the hand gun to & fro.  

 

And a wife or offspring has to wait until you DIE to be able to "borrow" your hand gun and take it to the range (without you being there) along with their own privately-held firearms cache.  Doesn't matter whether she or they already have NJ FPID's, plenty of their own toys to "play with", are Competitive Shooters or any other common-sense approach to this goof-ball law!  So if you're in the Nursing Home on your death-bed, your kid(s) are felons if they borrow something in the safe, but if your're DEAD and you've willed it to them, then everything is oakey-dokey!

 

Dave

[10X 3,296]

This thread got me thinking about another special case...is it possible to will a (NJ legal) handgun to a child who is not yet 21?  I'm thinking that minimally the gun would have to stay in the residence until the kid is 21, and the child would need an FID before transporting to range.   Keeping it in the family would be the main concern; that the child would have to wait before being able to shoot it, not so much.

[Tunaman 548]

This thread got me thinking about another special case...is it possible to will a (NJ legal) handgun to a child who is not yet 21?  I'm thinking that minimally the gun would have to stay in the residence until the kid is 21, and the child would need an FID before transporting to range.   Keeping it in the family would be the main concern; that the child would have to wait before being able to shoot it, not so much.

I am pretty sure you can will it to a trust set up in his name.  Of course he would have to be 21 before he gets it.

[halbautomatisch 60]

I am pretty sure you can will it to a trust set up in his name.  Of course he would have to be 21 before he gets it.

Not sure, but they might be eligible at 18. I know in the past, 18-20 year olds could get PPP's and buy handguns FTF legally, so unless NJ changed the age of HG ownership to 21 they should be able to inherit at 18.

[njpilot 671]

Not sure, but they might be eligible at 18. I know in the past, 18-20 year olds could get PPP's and buy handguns FTF legally, so unless NJ changed the age of HG ownership to 21 they should be able to inherit at 18.

I purchased my first handgun at 19 FTF, but that was a long time ago. From what I understand, the law now requires one to be 21 to own a handgun, period.

[halbautomatisch 60]

I purchased my first handgun at 19 FTF, but that was a long time ago. From what I understand, the law now requires one to be 21 to own a handgun, period.

The only thing I could find in the law says you must be 21 to get a PPP. The sections of the law about inheriting don't give a specific age, but do refer to the inheritor having to comply with the other requirements in the chapter - the quick look I took didn't mention age for ownership there either.........so I still don't know.