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I was reading through A.2757, and take it that for a pistol transfer between immediate family members, you do not need to go to a dealer and have a NICS check done, but you still need a pistol permit.  Am I reading it correctly?  Do you need to do anything with the paperwork after the transfer?

1.    N.J.S.2C:58-3 is amended to read as follows: 

     2C:58-3.     a.  Permit to purchase a handgun. 

     (1)   No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.

     (2)   A person who is not a licensed retail dealer and sells, gives, transfers, assigns, or otherwise disposes of, or receives, purchases or otherwise acquires a handgun pursuant this section shall conduct the transaction through a licensed retail dealer. 

     The provisions of this paragraph shall not apply if the transaction is:

 (a)   between members of an immediate family as defined in subsection n. of this section

 

https://www.njleg.state.nj.us/2018/Bills/A3000/2757_R1.HTM

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 n.    For the purposes of this section, “immediate family” means a spouse, domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), partner in a civil union couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29), parent, stepparent, grandparent, sibling, stepsibling, child, stepchild, and grandchild, as related by blood or by law.

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This past January I called my local PD firearms investigations unit (Hillsborough) and inquired about transferring one of my handguns to my wife. I was told that first my wife will need a permit to purchase a handgun And the transfer must be done at an FFL. I then commented and said the law provides an exception for immediate family members. I was then told I was incorrect and that there was no exception. I then contacted the NJ State Police firearms investigations unit who first said the same thing. I then asked if they were absolutely sure, I was put on hold for about a minute and then I was told that I was correct. Firearm transfers between immediate family members do not have to go through an FFL. I then searched the NJ legislation that 2C 58 3 and the revised law did indeed have an exception for immediate family members. Paragraph "n" defines what is considered immediate family members. A spouse is an immediate family member. 

This goes to show you how one can get trapped by NJ screwed up gun laws, as the individuals in the firearms investigations unit themselves are confused about the new law. 

Therefore transferring my handgun to my wife without going through an FFL puts the both of us at risk of a felony charge and our only defense is an exception. Crazy thought but could it happen since the two individuals I spoke to appeared not to know that a firearm transfer exception for immediate family members was listed in the revised law. ?

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Father (living in NY) wants to gift me a handgun:  permit and transfer via FFL required. Any other forms besides the permit?  Can the handgun be transported from NY to NJ to the FFL or does it need to be shipped?

 

Father-in-law (living in NJ) wants to gift me a handgun:  permit and face to face?  Any other forms for a transfer? I can’t find any except for a “multiple” transfer.

I have my NJ FID and permits in progress...

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  • As was stated, it seems that it would be legal to transfer without an instant background check and that would be for brothers, sisters, grandparents, step-relations, etc. but that it would need to be made with a pistol permit in hand by the receiver which would need to be mailed off.  Long guns can still be done that way with "immediate" family with the use of the proper certificate of eligibility form.

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Since we have gone to ePermits, how would one transfer without using an FFL? Aren't they the only ones that have access to the online system?

Edited by JackE
Sorry, didn't notice how old this thread is.

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I actually have the same question now, and was hopeful that i can find the answer here. 

My father in NY wants gift me a handgun. Each ffl i speak to tells me a different procedure.

Can anyone give some insight on the proper way about this?

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Just now, SBH said:

I actually have the same question now, and was hopeful that i can find the answer here. 

My father in NY wants gift me a handgun. Each ffl i speak to tells me a different procedure.

Can anyone give some insight on the proper way about this?

If a new handgun that he does not yet own, better to give you the money and you make the purchase.  If a gun he owns, he takes it to an FFL who ships it to your FFL who does the transfer.

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48 minutes ago, JackE said:

Since we have gone to ePermits, how would one transfer without using an FFL?

You don't and couldn't before them.

49 minutes ago, JackE said:

Aren't they the only ones that have access to the online system?

Yes. Even before the current ePermits, you had to do the transfer with paper permits through an FFL.

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9 hours ago, SBH said:

I actually have the same question now, and was hopeful that i can find the answer here. 

My father in NY wants gift me a handgun. Each ffl i speak to tells me a different procedure.

Can anyone give some insight on the proper way about this?

I'm in the same boat.  We've come to the realization that nobody knows and it's not worth it.  I can take possession through his will when the time comes.  

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On 12/14/2020 at 11:27 PM, Sniper said:

You don't and couldn't before them.

Yes. Even before the current ePermits, you had to do the transfer with paper permits through an FFL.

I created this account just to say that both of these statements are incorrect.

Also, for ePermit transfers, take a look at this link.

On 12/14/2020 at 11:33 PM, njJoniGuy said:

But with the new "E-permits" the PRNJ seems to have eliminated the non-FFL transfer between immediate family members and LEO to LEO of handguns.

Take a look at this link.

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Keep in mind when following any of this advice, there is difference if you and your father are both NJ residents or if you live in different states.  Transfers between residents of different states are governed by federal laws AND NJ laws.

 

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15 minutes ago, ESB said:

If transferring a handgun to a spouse (who has an FID), does the spouse also need a current pistol purchase permit?  Ie, need to wait several weeks for that process?  

For a private transfer, the recipient needs a PtPP regardless of whether they qualify for the immediate family exemption to the background check (or LEO to LEO for that matter). They are still subject the the one gun a month rule unless they file for an exception too.

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I last posted on this thread in 2019. My family and I will no longer have to worry about how screwed up NJ gun laws are. We finally had enough of the shenanigans in NJ and packed our bags and left. We moved to the free state of South Dakota. Constitutional Carry is the law of the land in SD. Hopefully it stays this way here. I can't say I won't miss NJ, I spent most of my life in NJ, lots of great and wonderful memories. NJ is an awesome state with so much to offer. But it's also a state that has been decimated by liberals. Sorry to go off topic, I just wanted to share this

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On 2/5/2022 at 4:25 AM, Old Glock guy said:

Congratulations!  And best of luck to you.  It must be great to say adios to NJ's BS and start enjoying life in Free America. 

Thank you, odd part of this Constitutional Carry right here we have here in SD, no one in my family have yet carry any of our firearms. Maybe because it will probably feel weird for us at first. For now, we are just thankful we had the opportunity to move here. We moved here almost 3 weeks ago. 

 

weeks ago. 

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On 12/15/2020 at 7:55 AM, Xtors said:

Regarding "... sibling .. by blood or law": would this include your wife's brother?

Since you can legally transfer to your wife and she can legally transfer to her brother, I would say that you're OIK.  

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On 12/15/2020 at 7:55 AM, Xtors said:

Regarding "... sibling .. by blood or law": would this include your wife's brother?

Since you can legally transfer to your wife and she can legally transfer to her brother, I would say that you're OIK.  

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This can become a six degrees of separation game. Who can figure out how to get a long gun to Kevin Bacon in the fewest number of legal in-family transfers?

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To be on the safe side  I would use an FFL for anything having to do with firearms in NJ.  My daughter just got hired down here in Florida. She's making the move down next week. I'm so happy she's getting out of the People's Republic of NJ.  My wife and I still have 5 more years until we can move down year round. Yesterday I walked into a gun shop down here just to look around and saw a brand new Glock P80 in the case. 20 minutes later I walked out with it.  It was so easy.  Nothing like the B/S back home. 

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18 hours ago, EX Carnival man said:

To be on the safe side  I would use an FFL for anything having to do with firearms in NJ. 

This would be my default for most things as well.  My local FFL doesn't charge much for transfers, so I just use him.

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19 hours ago, EX Carnival man said:

To be on the safe side  I would use an FFL for anything having to do with firearms in NJ.

 

1 hour ago, 124gr9mm said:

This would be my default for most things as well.  My local FFL doesn't charge much for transfers, so I just use him.

I am saddened by these ideas. The decades long assault on the 2nd Amendment in NJ is coming to completion if the population decide to act in an even more restrictive way than the onerous laws require. The politicians can sit back and relax, happy in the knowledge that the gun-owning public that they so despise, is fully oppressed. They will keep writing stupid laws anyway, but will be confident that they will just be accepted.

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3 hours ago, Mr.Stu said:

 

I am saddened by these ideas. The decades long assault on the 2nd Amendment in NJ is coming to completion if the population decide to act in an even more restrictive way than the onerous laws require. The politicians can sit back and relax, happy in the knowledge that the gun-owning public that they so despise, is fully oppressed. They will keep writing stupid laws anyway, but will be confident that they will just be accepted.

Not sure why I made you sad, but OK.

I err on the side of caution if there is any ambiguity in a firearms related matter because I have no desire to be a poster-boy for all of the ills of NJ legislation.

All it takes is one overzealous idiot in a police department or prosecutors office to turn a simple transaction into a long, costly nightmare.

I'm also a guy who gets permits when having work done on my house even when a contractor says he'll be "in and out before the inspector even knows work is being done".

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2 minutes ago, 124gr9mm said:

Not sure why I made you sad, but OK.

I err on the side of caution if there is any ambiguity in a firearms related matter because I have no desire to be a poster-boy for all of the ills of NJ legislation.

All it takes is one overzealous idiot in a police department or prosecutors office to turn a simple transaction into a long, costly nightmare.

I'm also a guy who gets permits when having work done on my house even when a contractor says he'll be "in and out before the inspector even knows work is being done".

I am sad because you are making up restrictions and making your own experience worse for no reason other than you fear what a cop or prosecutor might make up for themselves. I see no benefit in anyone competing with overzealous officials to fabricate imagined laws. Whatever you think of, the chances of you coinciding with what someone else has created in their imagination is rather small, I would say.

Your comparison to skipping getting a permit for construction does not follow. You are required by law to get construction permits and your example contractor is advocating breaking that law which is actually on the books - not some imagined law. A more accurate comparison would be you applying for a permit to cover the new work and including any and all previous work to be re-inspected which would then have to meet current code rather than the code in place when that construction actually occurred. You are not required to bring previous work up to code if it is being left undisturbed, but OMG! What if an overzealous inspector decides to ding you for it not meeting current code!

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