Montoya 0 Posted August 10, 2014 Hi everyone, recently my friend moved into a new house (non FID holder) when he was cleaning out his basement he found a Remington 7600. I am an FID holder and would be interested in buying it off of him. Can this be done? What are the laws pertaining to this? Quote Share this post Link to post Share on other sites
1563621 388 Posted August 10, 2014 He should contact previous owner of the house, I find it hard to believe someone would leave a modern rifle in the basement. Quote Share this post Link to post Share on other sites
mipafox 438 Posted August 10, 2014 You buy the house you get the asbestos you didn't see, you get the rats, you get the mold, you get the buried gasoline tank nobody knew about, you get the rifle. Quote Share this post Link to post Share on other sites
Montoya 0 Posted August 10, 2014 Its pretty rusted and not in usable condition. But yes I will tell him that. And if they the previous owners abandoned it then what? Quote Share this post Link to post Share on other sites
Jon 264 Posted August 10, 2014 A non-FID holder can transfer a rifle that they own legally to an FID holder using a COE(Certificate of Eligibility http://www.njsp.org/info/pdf/firearms/sp-634.pdf ). Fill out two copies, one for the Transferor and one for the Receiver, and leave the "Transferor's Firearm ID Card Number" slot empty. I cannot comment on the legality of your friend being the legal owner of the rifle as I do not know what the law says about that. Quote Share this post Link to post Share on other sites
Montoya 0 Posted August 10, 2014 Alright so we fill out a COE and thats it? Who do we submit the form to? EDIT: Yes thats what we are trying to figure out, can this be done legally period? Or does he have to turn in the rifle since he has no FID. Quote Share this post Link to post Share on other sites
Damjan 73 Posted August 10, 2014 Alright so we fill out a COE and thats it? Who do we submit the form to? No one. You submit copies of the handgun permit for handguns only. Quote Share this post Link to post Share on other sites
Montoya 0 Posted August 10, 2014 Ahhh ok. So no registration needs to be submited to the state for long guns? Quote Share this post Link to post Share on other sites
Jon 264 Posted August 10, 2014 Alright so we fill out a COE and thats it? Who do we submit the form to? EDIT: Yes thats what we are trying to figure out, can this be done legally period? Or does he have to turn in the rifle since he has no FID. The forms do not get submitted anywhere. Technically the intent is that you each keep one copy of the form, however the law does not mandate that anyone keep them, only that you complete the form. In theory you could complete it and shred it immediately after. Personally, I keep copies of all of my COEs in a safe place. I believe that the only two ways a NJ resident and non-FID holder can acquire a firearm is if they purchased it legally while a resident of another state, or it was left to them in a will. Buying property and finding a gun is not something I'm 100% sure about. Quote Share this post Link to post Share on other sites
Montoya 0 Posted August 10, 2014 Alright, so should I suggest he call the police and ask? I'm assuming one way or another he will have to get rid of the rifle since he doesn't have an FID. Quote Share this post Link to post Share on other sites
Jon 264 Posted August 10, 2014 Alright, so should I suggest he call the police and ask? I'm assuming one way or another he will have to get rid of the rifle since he doesn't have an FID. If he calls the police they will tell him to turn it in to cover their own ass. The only definitive answer I would trust is one from an attorney. Quote Share this post Link to post Share on other sites
Montoya 0 Posted August 10, 2014 Yeah I guess thats the best bet. Quote Share this post Link to post Share on other sites
Mr.Stu 1,922 Posted August 11, 2014 If you are a member of ANJRPC you have free access to the attorneys they have on retainer. Sent from my SCH-I800 using Tapatalk 2 Quote Share this post Link to post Share on other sites
Sandy 44 Posted August 11, 2014 Kind of odd for someone to leave a rifle behind like that. Was it well hidden in the basement or something? If it was buried or in a wall or something ..then that might not be average rust on it If that happened to me and it looked merely forgotten , I would probably attempt a courtesy call to the previous homeowner. If it looked intentionally hidden I would probably go ahead and just turn it in .. DO NOT WANT ! lolNot legal advice , just how I personally would handle it. Quote Share this post Link to post Share on other sites
Montoya 0 Posted August 11, 2014 He said he found it in the basement. Not sure if it was hidden or not. Quote Share this post Link to post Share on other sites
BlueLineFish 615 Posted August 11, 2014 Lets just say there is an answer but its not one for a public forum. Especially from me. Quote Share this post Link to post Share on other sites
Midwest 28 Posted August 11, 2014 Regardless if it was found in NJ or any other state. The rifle could be stolen or might have been used in a crime. Or maybe it is just forgotten, and the rifle is free and clear legally. Is there a way to get it "checked out" (serial numbers) without any charges bought against the person who found it ? And if the person who found it, wants to sell someone with an FID or FFL I think they should be able to ...IF the rifle is worth restoring...and (legal) not stolen. The other solution,.... if it isn't worth restoring, is to wait for one of those gun buybacks and get $100 or whatever out of it. . Quote Share this post Link to post Share on other sites
maintenanceguy 510 Posted August 11, 2014 Alright, so should I suggest he call the police and ask? Never. The forms do not get submitted anywhere. Technically the intent is that you each keep one copy of the form, however the law does not mandate that anyone keep them, only that you complete the form. In theory you could complete it and shred it immediately after. Personally, I keep copies of all of my COEs in a safe place. I believe that the only two ways a NJ resident and non-FID holder can acquire a firearm is if they purchased it legally while a resident of another state, or it was left to them in a will. Buying property and finding a gun is not something I'm 100% sure about. This ↑ is the correct information. Legal if purchased when you or your friend were ever a resident of another state, not legal if found in a basement. No paperwork goes to the state so any transfer is between the two of you. Now you and your friend need to work this out however you are comfortable. Quote Share this post Link to post Share on other sites
mipafox 438 Posted August 11, 2014 If you found a TV in your basement would you worry it is stolen? Quote Share this post Link to post Share on other sites
Sandy 44 Posted August 11, 2014 No , but I would check to see if the TV was forgotton by the previous owner. When we moved into this house I found a Barbie doll set from the 50's tucked into a cabinet in a walk in closet. Looked it up and it was a first edition , worth a few thousand bucks. Called the previous owner . She was incredibly grateful , had no idea they were worth that . Then I went to sleep at night , KWIM? She had hired a moving/packing company , she was older , and they did a lousy job as I found stuff all over the place while cleaning out preparing to move in.And if the TV had not been forgotten , I would not be worried that it was the tool used in the commission of a homicide . You have had better analogies Quote Share this post Link to post Share on other sites
PK90 3,570 Posted August 11, 2014 There is sort of a "Finders Keepers" Law in NJ. If you find something and turn it in to the PD, and the item is not picked up in 90 days, the founding party can claim ownership to it. Quote Share this post Link to post Share on other sites
Smokin .50 1,907 Posted August 11, 2014 Its pretty rusted and not in usable condition. But yes I will tell him that. And if they the previous owners abandoned it then what? IANAL! That being said, I'd MAKE SURE IT'S UNLOADED, then scrape the rust off & work the action & lube it. Then I'd save it for the next Buy-Back (which I don't believe in BTW). It came with the house, it's transferred property, and even though it's a POS, it might make a dinner out. If it is a homicide weapon it would have been dismantled, bent in a vice so a test would be inconclusive or impossible and disposed of in pieces (the swamps of the Meadowlands have LOTS of metal parts in them, lol). Odds are an older person stashed the gun. Lots of firearms are stashed by older folks who remember the Second World War and how it started years prior with gun confiscations. My next door neighbor found a 12 ga. SxS (hammer gun with ears) stashed in a wall in an upstairs bedroom, LOADED! Old people in nursing homes don't remember these things......... Just my OPINION and worth every penny you spent to get it! IANAL! Quote Share this post Link to post Share on other sites
mipafox 438 Posted August 11, 2014 No , but I would check to see if the TV was forgotton by the previous owner. When we moved into this house I found a Barbie doll set from the 50's tucked into a cabinet in a walk in closet. Looked it up and it was a first edition , worth a few thousand bucks. Called the previous owner . She was incredibly grateful , had no idea they were worth that . Then I went to sleep at night , KWIM? She had hired a moving/packing company , she was older , and they did a lousy job as I found stuff all over the place while cleaning out preparing to move in. And if the TV had not been forgotten , I would not be worried that it was the tool used in the commission of a homicide . You have had better analogies Now you are worried the gun was used in a homicide. Wow you have an active imagination. If the rifle had been used in a homicide, nobody would ever know and nobody would ever determine it. And it would have been nobody you ever had contact with but the prior owner would have. Legal peril almost zero. What if the TV was used in a murder? Glad she was so grateful. If you had found a gasoline tank that wasn't registered with the NJDEP, and gave her a call about it, you would not have been grateful about her response. She would have told you tough shit and don't call here anymore. Quote Share this post Link to post Share on other sites
ryan_j 0 Posted August 11, 2014 IANAL! That being said, I'd MAKE SURE IT'S UNLOADED, then scrape the rust off & work the action & lube it. Then I'd save it for the next Buy-Back (which I don't believe in BTW). It came with the house, it's transferred property, and even though it's a POS, it might make a dinner out. If it is a homicide weapon it would have been dismantled, bent in a vice so a test would be inconclusive or impossible and disposed of in pieces (the swamps of the Meadowlands have LOTS of metal parts in them, lol). Odds are an older person stashed the gun. Lots of firearms are stashed by older folks who remember the Second World War and how it started years prior with gun confiscations. My next door neighbor found a 12 ga. SxS (hammer gun with ears) stashed in a wall in an upstairs bedroom, LOADED! Old people in nursing homes don't remember these things......... Just my OPINION and worth every penny you spent to get it! IANAL! Pretty much this. This is your best "legal" option, even though the legality of buybacks are questionable. Quote Share this post Link to post Share on other sites
Sandy 44 Posted August 11, 2014 Now you are worried the gun was used in a homicide. Wow you have an active imagination. If the rifle had been used in a homicide, nobody would ever know and nobody would ever determine it. And it would have been nobody you ever had contact with but the prior owner would have. Legal peril almost zero. What if the TV was used in a murder? Glad she was so grateful. If you had found a gasoline tank that wasn't registered with the NJDEP, and gave her a call about it, you would not have been grateful about her response. She would have told you tough shit and don't call here anymore. I'm actually not worried about anything , just sharing what I would do. It might mean something to somebody for any amount of reasons , so I would try to do the right thing and return it if possible . Just the way my parents raised me Quote Share this post Link to post Share on other sites
RUTGERS95 890 Posted August 12, 2014 all I will say is shred the coe after filling it out Quote Share this post Link to post Share on other sites
Montoya 0 Posted August 12, 2014 I suggested my friend consult with his cousin who is a lawyer seems to be the best way to get advice. And I also encouraged him to try to contact the previous owners. Quote Share this post Link to post Share on other sites
illy 1 Posted August 12, 2014 I suggested my friend consult with his cousin who is a lawyer seems to be the best way to get advice. And I also encouraged him to try to contact the previous owners.Good advice, generally. I will point out though, that most lawyers know their field and not much outside of it. Mergers and acquisitions attorney? No good in a criminal case. Criminal defense attorney? Don't count on him for your real estate closing. Etc. And NJ gun laws are an especially murky river to be swimming in. Quote Share this post Link to post Share on other sites