nexnfx

Getting a shotgun as a gift from cousin in VA

74 posts in this topic

Hello!

I got a shotgun as a gift from my relative who visited me in NJ. I need to take this to an FFL to do the proper transfer (Firearms Transaction Record/ATF Form 4473), right? I do have the NJ Firearms Purchaser ID and I understand the handgun permit I was recently issued is only good for intra-state (NJ) transactions..

Thanks for any pointers in advance.

 

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2. Long gun purchases by:

....A. NJ resident from

........(1) NJ dealer = NICS check with a FPID, COE and Photo ID

........(2) NJ resident = face to face with a FPID, COE with Photo ID suggested

........(3) Out-of-state dealer = NICS check with a FPID, COE and Photo ID

 

........(4) Out-of-state resident = must be transferred through

............a. NJ dealer = NICS check with a FPID, COE and Photo ID or

............b. Out-of-state dealer = NICS check with a FPID, COE and photo ID

 

https://www.njgunforums.com/forum/index.php?/topic/29389-read-before-posting-nj-gun-law-faq/

 

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8 minutes ago, WP22 said:

2. Long gun purchases by:

....A. NJ resident from

........(1) NJ dealer = NICS check with a FPID, COE and Photo ID

........(2) NJ resident = face to face with a FPID, COE with Photo ID suggested

........(3) Out-of-state dealer = NICS check with a FPID, COE and Photo ID

 

........(4) Out-of-state resident = must be transferred through

............a. NJ dealer = NICS check with a FPID, COE and Photo ID or

............b. Out-of-state dealer = NICS check with a FPID, COE and photo ID

 

https://www.njgunforums.com/forum/index.php?/topic/29389-read-before-posting-nj-gun-law-faq/

 

Thank you!

I did try to search for terms like out-of-state but could not find any. This is very valuable information.

I have a couple of questions:

1. How much do FFLs usually charge for these transfers? Is $75 too much? I know with the NICS there is a standard charge. And,

2. Should the gift-giver be the one to take the firearm to the FFL? Or I can drive to the FFL myself (it's 5 minutes away).

(My apologies if these questions have been answered elsewhere, I did try to search ahead.. sorry.)

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1 hour ago, nexnfx said:

 

1. How much do FFLs usually charge for these transfers? Is $75 too much? I know with the NICS there is a standard charge. And,

...

I don't now where you are but the first  has a google doc./cheat sheet with various FFL's and their fees.

$75.00 seems to be on the high side.

 

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You can't bring it to the FFL because you can't have it yet.  It isn't transferred to you until it goes through the FFL.  Sometimes, you can find a guy who does transfers part time out of his home who will do them for $25 dollars.  There's a part time gun smith down here who does that.

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As GRIZ said, your relative has to take it to the FFL. You can't legally posses it yet so how can you go to an FFL by yourself to transfer a firearm to yourself that you can't yet have?

I know what I would do if were in your situation but If you can find an FFL that will do the transfer, go for it! Even at the higher price. There is a risk on both sides!

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Problem is that when a FFL takes it in, it is logged with the information of the sender (why it is a big thing to send a copy of your license when you send a FFL a firearm for a transfer... as an individual; also why some FFLs don’t deal with it). Your cousin needs to be the one giving/shipping it, and logged into the FFL’s book. Then, when you do the transfer/NICS, your info gets logged on the out side.

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8 minutes ago, JohnnyB said:

As GRIZ said, your relative has to take it to the FFL. You can't legally posses it yet so how can you go to an FFL by yourself to transfer a firearm to yourself that you can't yet have?

I know what I would do if were in your situation but If you can find an FFL that will do the transfer, go for it! Even at the higher price. There is a risk on both sides!

Thanks @JohnnyB

I just have a question from this link (NRA-ILA) : https://www.nraila.org/gun-laws/state-gun-laws/new-jersey/

It has this part:
"Possession
It is unlawful to knowingly possess any handgun, including any antique handgun, without first having obtained a Permit to Carry, and it is unlawful to knowingly possess any rifle or shotgun without having first obtained a Firearms Purchaser Identification Card (FID), however, no Permit to Carry or FID is required:

  • To keep or carry any firearm about a person’s place of business, residence, premises, or other land owned or possessed by him; a place of business shall be deemed a fixed location."

Even if I have the FID, and I have the firearm in my residence, would that be still considered a violation of this? I might be missing something here..

 

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3 minutes ago, Screwball said:

Problem is that when a FFL takes it in, it is logged with the information of the sender (why it is a big thing to send a copy of your license when you send a FFL a firearm for a transfer... as an individual; also why some FFLs don’t deal with it). Your cousin needs to be the one giving/shipping it, and logged into the FFL’s book. Then, when you do the transfer/NICS, your info gets logged on the out side.

Makes sense. Thank you for your response.

So in short:

Incoming to FFL -> Gift-giver/seller ID (in states like Virginia where they don't have any firearms ID of sort, do they provide any other government ID?)

Outgoing from FFL -> NJ FPIC, NICS, transfer fee, etc.

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Yes. It can only pass through the state. If it arrives here as permanent place of residence it must do so though an FFL. That way it gets logged in so Big Brother knows where it is. 

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1 minute ago, Screwball said:

Out of state transfers (handgun or long gun) must always go through an FFL.

Handgun transfers can only go through an FFL that is in the same state as the receiver.

Federal rules, not state.

Much clearer. Thank you so much!!

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Thought I'd update this thread:

FFL transfer went through OK, had to have a NICS checki, fill out ATF Form 4473 and a Certificate of Eligibility to complete the transfer. Thanks everybody who chimed in.

However, the FFL told me to get rid of the adjustable stock that was attached to the shotgun (it's a Mossberg 500 tactical). He said he could not release the shotgun to me if I don't throw the adjustable stock in the dumpster. Is this accurate? I have read that the only time the adjustable stock was illegal was if it's attached to a semi-automatic shotgun (and nothing about a pump-action shotgun with an adjustable stock) AND it has one of the any other "evil" feature (e.g. a pistol grip) . Can someone confirm?

 

PS

FFL had also pointed out that the barrel tip of the Mossberg 500 Tactical may be illegal in NJ, but he isn't sure (I believe it's called a breaching barrel?) 

 

Thunder-Ranch-Mossberg-courtesy-thefirearmsblog.com_.jpg

Sigh

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However, the FFL told me to get rid of the adjustable stock that was attached to the shotgun (it's a Mossberg 500 tactical). He said he could not release the shotgun to me if I don't throw the adjustable stock in the dumpster. Is this accurate? I have read that the only time the adjustable stock was illegal was if it's attached to a semi-automatic shotgun (and nothing about a pump-action shotgun with an adjustable stock) AND it has one of the any other "evil" feature (e.g. a pistol grip) . Can someone confirm?
 
PS
FFL had also pointed out that the barrel tip of the Mossberg 500 Tactical may be illegal in NJ, but he isn't sure (I believe it's called a breaching barrel?)


Wait... so he gave you the gun with the stock and breaching barrel (unsure if it is a choke on the Mossbergs), and then said it is illegal? Yea, definitely a smart move. Sounds like the guys at gun shops that say hollow points are illegal, but they are sitting on the shelf at the store they work at.

Adjustable stock is fine on a pump action shotgun. Breacher barrel is fine, as well.
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While his assistant was processing NICS, and other paperwork, he was inspecting the shotgun. Thought it was a pinned stock at first until he discovered it is adjustable.

Kind of disappointed seeing my cousin as I had to dispose of the adjustable stock in front of him (he lives in VA and they don't have this kind of rule over there).

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1 minute ago, T Bill said:

You are correct, pumps are not subject to assault shotgun limitations, semis are.  They do need to have minimum 18" barrel and 26" overall .

Yeah that's what I thought. I read this rule/regulation over and over again before we headed over to the FFL. Now that he had me remove the stock, doesn't it make my shotgun NOW illegal since it's most likely less than 26" overall? 

Would the Mossberg 500 Tactical be considered a semi-automatic shotgun though? It does say it has '6' for capacity. But I think I have to pump it every time I need to chamber a round/shell?

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1 minute ago, Screwball said:

Call up that FFL, and get your stock back...

Wish I could do that.. he literally had me throw it in the dumpster before he will proceed with the paperwork. 

While he was pointing out how in big trouble I can be with the adjustable stock, he also show me other rifles he had that had the pinned stock and said that those were legal (in my mind, of course they were, those were ARs and really had to have pinned stock).

Oh well....

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5 hours ago, Screwball said:

What FFL? So, we know who not to use...

x2   this guy doesn't know the law at all.

Treat it as a learning experience - you'll run into many so-called "experts" who have no clue...

 

on the bright side, this problem is easily fixed.  mossberg 500 parts are everywhere!  see:

https://www.ebay.com/sch/i.html?_from=R40&_trksid=p2380057.m570.l1311.R3.TR11.TRC1.A0.H0.Xmossberg+500+.TRS0&_nkw=mossberg+500+stock&_sacat=0

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