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BM59

Storing firearms in NJ secondary residence

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If someone previously resident in NJ becomes an out of state resident while keeping a secondary residence in NJ, can she/he continue to store the firearms he previously acquired as NJFIC holder in the NJ secondary residence? Thanks to whom can help address the question.

 

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Quote from Wikipedia - NJ guns law: "In New Jersey, one does not need to obtain a Firearm Purchaser Identification card to own, possess in the home, transport firearms to and from authorized target range, to a gunsmith for purposes of repair, or to the woods or fields of the state for purposes of hunting".

I assume therefore you can keep the firearms you legally acquired in your (secondary) home in NJ  even if you move your residence out of state?

Furthermore, you can get your current  NJ FID changed into a "non-resident" one rather than giving it back - as an additional measure even if you do not plan to buy any firearms in NJ in the future? 

 

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47 minutes ago, NJGF said:

You didn't have to acquire the firearms in NJ to keep them there. As long as they were legally acquired and they are legal in NJ you can bring them to you home in NJ.

Thanks - the key point was to keep those NJ legal firearms in NJ even if you become a out-of state  resident  but still have a NJ home as secondary residence. Sounds like that is possible.

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There is no such thing as dual residency. I'm pretty sure if you have a drivers license that is your state of residence. Its not required by law to have a drivers license, in which case I'd presume it would be something like the address you claim residency on your state income tax or something.

That being said.... For the purpose your talking about owning or renting and living part time in that dwelling may suffice. But keep in mind... I only play a lawyer on TV. Maybe you should ask or wait for one with a real law degree to chime in? 

Also what NJGF said is 100% true. You don't need a FID, registration or to notify the police or any authority to keep a NJ legal firearm that you legal own in your residence. But that still brings us full circle to can you be a  NJ resident if you hold an out of state drivers license or claim residency in another state on your state tax form?

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9 minutes ago, fslater said:

There is no such thing as dual residency. I'm pretty sure if you have a drivers license that is you state of residence. Its not required by law to have a drivers license, in which case I'd presume it would be something like the address you claim residency on your state income tax or something.

That being said.... For the purpose your talking about owning or renting and living part time in that dwelling my suffice. But keep in mind... I only play a lawyer on TV. Maybe you should ask or wait for one with a real law degree to chime in? 

Residency ,if questionable, is determined by the state you spend the majority of time in. If multiple states. It’s mostly enforced for state income tax purposes.

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The issue is about what is allowed in NJ for a non-resident, i.e. somebody with a PA or FL driving license. If the individual also owns a house in NJ , can she/he keep NJ-legal firearms there?  

Fiscal residency is another matter - even if you are an out of state resident, but you own a place in NJ where you spend more than 180 days, then you will be subject to NJ income state tax. However you will not be subject to NJ gun laws when you are in the  state you declared as your primary residence....  

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11 minutes ago, BM59 said:

The issue is about what is allowed in NJ for a non-resident, i.e. somebody with a PA or FL driving license. If the individual also owns a house in NJ , can she/he keep NJ-legal firearms there?  

Fiscal residency is another matter - even if you are an out of state resident, but you own a place in NJ where you spend more than 180 days, then you will be subject to NJ income state tax. However you will not be subject to NJ gun laws when you are in the  state you declared as your primary residence....  

If you are in N.J. more then 180 days /yr you are a N.J. resident. And good luck proving otherwise. Sorry 

your DL is totally a different conversation 

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If you are in N.J. more then 180 days /yr you are a N.J. resident. And good luck proving otherwise. Sorry 
your DL is totally a different conversation 
I am not sure DL is a different conversation. DL is proof of residency - to get it you need papers to prove you own/rent a place such as utility bills and local tax receipts. You would be also register to vote there and have the new address on your SSN.

So if you own a place in FL and spend enough time there you can declare that as your primary residence. You may happen to spend more than 180 days in NJ and have pay NJ state income taxes, but as far as gun laws are concerned, when in FL you will be like any other resident there.

The initial question is what to do with the NJ legal guns you own and have at your place in NJ - do you need to move them out of state or can you keep them where they are.

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Just now, BM59 said:

I am not sure DL is a different conversation. DL is proof of residency - to get it you need papers to prove you own/rent a place such as utility bills and local tax receipts. You would be also register to vote there and have the new address on your SSN.

So if you own a place in FL and spend enough time there you can declare that as your primary residence. You may happen to spend more than 180 days in NJ and have pay NJ state income taxes, but as far as gun laws are concerned, when in FL you will be like any other resident there.

The initial question is what to do with the NJ legal guns you own and have at your place in NJ - do you need to move them out of state or can you keep them where they are.

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I can agree with you on dL for purchase.. but you’re on your own if your a lawful resident doing that purchase. Not my problem 

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Owning and buying firearms has nothing to do with taxes, time spent, etc. You can have 50 homes in every state. When you are in that state, you are a resident and can purchase and possess, and carry in most. A government issued document, such as a DL, Auto Registration, Voter ID, Tax Bill, Utility Bill, etc, can provide proof if needed.
 

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There is no such thing as dual residency. I'm pretty sure if you have a drivers license that is your state of residence. Its not required by law to have a drivers license, in which case I'd presume it would be something like the address you claim residency on your state income tax or something.
That being said.... For the purpose your talking about owning or renting and living part time in that dwelling may suffice. But keep in mind... I only play a lawyer on TV. Maybe you should ask or wait for one with a real law degree to chime in? 
Also what NJGF said is 100% true. You don't need a FID, registration or to notify the police or any authority to keep a NJ legal firearm that you legal own in your residence. But that still brings us full circle to can you be a  NJ resident if you hold an out of state drivers license or claim residency in another state on your state tax form?


You can be a resident in 2 states. Multiple members have posted about this.


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Nuthin' in NJ gun laws say you can have only ONE residence.  NJ residents can have more than one residence and store their NJ neutered guns at every residence.  One or 100 residences.  One or a 100 gunz. 

Law doesn't say:

1. Permanent residence

2. Voting residence

3. Residence tied to a DL

4. Shore house

5. Mountain retreat

6. Residence tied to work

7. Residence tied to medical benefits

8. First residence

9. You need to own or even rent the residence.  If yer rich friend lets you flop there, and you bring yer toothbrush, it's a RESIDENCE!

10. How many days, weeks or months you need to sleep there, if at all!

 

I've been preaching this for years now.  Everyone has to stop thinking about themselves in a scenario and be specifically looking for permission to breathe air.  Cause yer not gonna find it.  They know ya breathe or they'd tax yer estate!  Instead use the exemptions & exceptions provided to you.  It's literally THAT simple!

 

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You have responded that you own the NJ residence. Under those circumstances you can store your guns at that residence. Do not confuse residence with domicile or either or both of those with your fiscal responsibility to pay State taxes, the latter being irrelevant to your question. 

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Nuthin' in NJ gun laws say you can have only ONE residence.  NJ residents can have more than one residence and store their NJ neutered guns at every residence.  One or 100 residences.  One or a 100 gunz. 
Law doesn't say:
1. Permanent residence
2. Voting residence
3. Residence tied to a DL
4. Shore house
5. Mountain retreat
6. Residence tied to work
7. Residence tied to medical benefits
8. First residence
9. You need to own or even rent the residence.  If yer rich friend lets you flop there, and you bring yer toothbrush, it's a RESIDENCE!
10. How many days, weeks or months you need to sleep there, if at all!
 
I've been preaching this for years now.  Everyone has to stop thinking about themselves in a scenario and be specifically looking for permission to breathe air.  Cause yer not gonna find it.  They know ya breathe or they'd tax yer estate!  Instead use the exemptions & exceptions provided to you.  It's literally THAT simple!
 
So if I own my house but I spend time at my parents house watching sports with my father and keep firearms there does that also make the house an exempt location for transport? Can I also carry open or concealed on the property? This just came up the other day in conversation with Remixer. My argument was I went there to shoot so that made it exempt but can it also be exempt as a residence?

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1 hour ago, capt14k said:

So if I own my house but I spend time at my parents house watching sports with my father and keep firearms there does that also make the house an exempt location for transport? Can I also carry open or concealed on the property? This just came up the other day in conversation with Remixer. My argument was I went there to shoot so that made it exempt but can it also be exempt as a residence?

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You don't have to own or rent your residence, primary or secondary. Example?

IANAL but I have straightened out a few lawyers in my time.  

Someone mentioned specific scenarios but that's what I'm going to use for an example.

You live in a house owned by your parents or anyone else in Sussex County NJ or NY or DE or PA.  You live there rent free (if your parents own it)  or have a lease.  You don't need a phony  baloney lease if your parents own it.  You dont need a lease in any case. That's where you live. Your drivers license is to that address, you vote there, pay your state income taxes there, have your car registered there etc, etc. However your parents have a house in Lavallete.  They live there pretty much full time.  You go there regularly.  Not necessarily on Sunday and Monday for football.  You have a bedroom there, keep your clothes, a toothbrush, and other personal items there. That is also your residence. Makes no difference that your parents let your sister's kid use your bedroom when you're not there. That is your second residence.  Doesn't have to be for 180 days a years.  It doesn't have to be any amount of days.  It has to be where you regularly reside.

As far as the concealed or open carry I see no problem with concealed carry on your parent's property in Lavallette.  Although I believe in the right to open carry I don't think it's a good idea, even on your own property in NJ.  It's only drawing attention where you are setting yourself up for uneeded scrutiny.

Not quite the same thing but NJSP sent out a letter to all  state certified LEO firearms instructors.  It said if a retired LEO only carries concealed they don't need the state RPO permit if they qualify and meet the requirements of LEOSA. If they have a job requiring them to open carry they need the state RPO permit.

In summary, if you stay there on a regular basis, keep clothes and other personal items there on a regular basis, it is a residence.

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