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revenger

Mance vs. Whittaker

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Has anyone heard any rumors on this one going to SCOTUS,   this is the interstate purchase of handguns.    This would be a major victory for states like ours,  It would eliminate the whole permit process and all the bullshit that goes along with it.    Follow the laws of what ever state your in.

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Just now, voyager9 said:

If I read it right I don’t know how much it would help.  It would just mean handguns follow what happens with long guns. They would have to be legal in the state of purchase as well as your state of residence

that would probably still be true for now until those fights are won but as long as it is not illegal where you purchased it, you would just have to make it NJ compliant as we do with long guns.      mag limit and such.

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1 minute ago, revenger said:

that would probably still be true for now until those fights are won but as long as it is not illegal where you purchased it, you would just have to make it NJ compliant as we do with long guns.      mag limit and such.

Ohhh so FID/P2P goes away?  Hmmm maybe. 

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This won't have any effect on us. With inter-State sales the FFL must comply with the local laws and the laws of the home State of the buyer. That is why you are supposed to fill in a CoE when you buy a long gun outside NJ. You will still need a PtPP to buy a handgun even in another State.

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1 hour ago, Mr.Stu said:

This won't have any effect on us. With inter-State sales the FFL must comply with the local laws and the laws of the home State of the buyer. That is why you are supposed to fill in a CoE when you buy a long gun outside NJ. You will still need a PtPP to buy a handgun even in another State.

Well yes...and no.  The COE is a NJ form.  Now if you go to Cabellas or one of the bigger stores they'll do the COE. However being that no copies go to the state I've had FFLs in other states say the COE is not needed as they have no obligation to fill in a NJ form.

IANAL but complying with local laws of the purchaser means they have a NJFID and the type of firearm is permitted in their home state.

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what about if someone gifts you a firearm? Seems the P2P is a permit to purchase, not take possession of.  Yep, I split hairs here,,,,,,,,,,,,,

It's been a while since I happened to look at the requirements.

A buddy has something he no longer uses and was maybe going to pass it along.

I gave this gent a sliding compound mitre saw a couple of years ago, sure didn't need to fill out any paperwork for that. Or the Paslode nail gun 8 years ago.  (oooh, I said g-u-n !)

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I think it will be like buying ammo  in another state, unless there is a waiting period other states dont care about seeing my FPID for ammo, .   other states aren't going to give a crap about a nj purchase permit as long as they are following federal law and what ever that may be if we win this.    I wonder how it will affect private FTF sales of handguns.

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On 12/27/2018 at 8:36 PM, revenger said:

I think it will be like buying ammo  in another state, unless there is a waiting period other states dont care about seeing my FPID for ammo, .   other states aren't going to give a crap about a nj purchase permit as long as they are following federal law and what ever that may be if we win this.    I wonder how it will affect private FTF sales of handguns.

The ATF doesn't regulate ammo sales (at least domestic retail sales), so there is nothing the ATF can or will do about out of state residents buying ammo in another state .

 

Dealers, who are regulated by the ATF,  are required to follow the laws of the buyers state as well as the sellers state when selling firearms. So, if the only law that gets changed by this lawsuit is allowing a buyer to to buy handguns in a another state,  NJ buyers would still need NJ permits when buying out of state. Any out of state dealer that did not fill out and send back permits could have an issue with the ATF and would almost certainly get sued by NJ for not filling out and sending in permits. The question then would be how many out of state dealers would want to deal with NJ's handgun paperwork?

 

FTF sales of all guns is prohibited between residents of two different states. So, unless this lawsuit addresses that, and it gets overturned, it would still be illegal.

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On 12/27/2018 at 5:22 PM, 345Sire said:

what about if someone gifts you a firearm? Seems the P2P is a permit to purchase, not take possession of.  Yep, I split hairs here,,,,,,,,,,,,,

 

Permit is required for all handguns transfers except a direct inheritance. Whether money changes hands is immaterial.

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9 hours ago, Oakridgefirearms said:

Permit is required for all handguns transfers except a direct inheritance. Whether money changes hands is immaterial.

Okay, you are in the business. It seems clear to me that you know what you are talking about, so in this instance I hate you. ;)

(Dont'cha HATE being the messenger when it's bad news?)

So much for finding another "loophole" , right? DRAT!

Thanks for clearing up that issue for me.

 

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I guess it would depend how the Federal regulations are rewritten if we win.    I think most of those interstate sale laws will have to redone and I can see us being able to buy anywhere in the US,     Now NJ might try to require us fill out a p2p (register)  but that would be after the fact and who would care if a p2p application took 2 years at that point,  I think federal law would trump state laws on this and as long as you pass your NICS your good.

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