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mjhvn

Gifting Firearms

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Im pretty sure he can not give you any gun handgun rifle or pellet gun in Jermany state. I beleive he can sell them to you after you get your FID and permit for each pistol. but simple answer nobody can legally give you any firearm Without you having the proper forms and going threw a FFL gun store.

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24 minutes ago, lilred121986 said:

Im pretty sure he can not give you any gun handgun rifle or pellet gun in Jermany state. I beleive he can sell them to you after you get your FID and permit for each pistol. but simple answer nobody can legally give you any firearm Without you having the proper forms and going threw a FFL gun store.

I believe the only way around this statement is if it was a direct family member. (Blood or legal step children etc ) 

example: 

father passed left everything to son. Son gets firearms. No P2P or FID required. 

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4 minutes ago, 0Jeep4 said:

I believe the only way around this statement is if it was a direct family member. (Blood or legal step children etc ) 

example: 

father passed left everything to son. Son gets firearms. No P2P or FID required. 

Ok just checking

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1 minute ago, Zeke said:

He can file for an exemption for a “ collection “

Absolutely do this. It takes about 2 weeks and if you apply for the permits at the same time, they take the same 2 weeks to process.

I'm not sure, but I think you can then do the transfer on a single NICS check too.

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5 minutes ago, mjhvn said:

Anyone have a link to this collection paperwork or do I get it at the PD?

https://www.njsp.org/firearms/forms.shtml

 

You need to fill in S.P.015 (and possibly S.P.015a if there are more than 5 handguns).

The seller needs to fill in S.P.016 (and possibly S.P.016a if there are more than 16 handguns)

Make sure the details of the guns are identical on both forms.

For the reason just put "I collect guns"

 

ETA. I have done this and the FIU guys in Trenton were very helpful

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There is an exemption specifically for this set of circumstances and it's not "collection" - here is how the exemption reads:

Purchase of multiple handguns from a person who obtained the handguns through inheritance or intestacy.

The fact that they are being given to you is immaterial - purchase them for a penny a piece if it makes you feel better, but that is the exemption you use.

You need two forms to file for the exemptions - they are attached below. If there are not enough spaces there are second pages available - same form number followed by an "A".

You still need a P2P for each handgun and an FPID if they are long guns. You will need the make, model and serial number for each firearm and the dealer info (including FFL and SFL) who will be doing the transfer.

Adios,

Pizza Bob

sp-015.pdf

sp-016.pdf

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I would first make sure he has the rights to the firearms, he is either the heir to the estate or was written into the will, then i would proceed as mentioned above, file for permits and get the serial numbers for each handgun and file an ogam exemption. Head to FFL when paper work is ready and transfer them to you.

2 hours ago, mjhvn said:

Ok thanks. I'll have to wait until Sept but at least I got the information. 

Why do you have to wait until September?

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Not 21 yet. I'm 20 and those guns are legally his. They were his uncle's and he acquired them from his aunt who didn't want them when he was out of state living with family for few years. She knew he liked to shoot and that he owned guns. He moved back to NJ because his parents live here but plans leave again in a few years. He also just doesn't want to keep all the handguns because he like more modern guns. They are mostly revolvers.

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15 minutes ago, JackDaWack said:

I would first make sure he has the rights to the firearms, he is either the heir to the estate or was written into the will, then i would proceed as mentioned above, file for permits and get the serial numbers for each handgun and file an ogam exemption. Head to FFL when paper work is ready and transfer them to you.

Why do you have to wait until September?

If he is mentioned in the will, I don't believe that specific firearms need to be listed, but rather a blanket statement.  

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Speaking about acquiring a relatives collection. What if there was no will but you where the heir? What if there was multiple heirs? A son, a spouse, brother, a parent, etc. Is there a hierarchical system for that or just to whomever wants it? In general how can you prove to NJ that you legally acquired it that way without real documentation? Just a lot that I don't understand. I have many relatives with collection's and I definitely don't want to see them pass but it's just questions that came to me from this thread. 

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From what I understand there is a hierarchy as to line of inheritance if there is no specification.  But, for example, if you put in your will I leave my firearms to my wife, my brother, and my children, then they can each inherit them.  If no statement and no will, then ALL of your inheritance, I believe would transfer to your wife.  In light of the new Sovereign Rulers, I believe you might need permits for inheriting each handgun, but I don't believe you would have to go through an FFL if it was an immediate family member including grandparents and step combos.  We need a law person's thoughts...

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If there is no will, property passes by intestate succession according to the law in existence in the State where the decedent died. An individual(usually an heir) is appointed by the court in an intestate succession matter as the estate's personal representative and that individual makes distribution of the estate's assets to creditors and to those individuals who are entitled to take the intestate estate according to the law in effect as of the date the decedent died.  Individuals who take usually execute a document known as a refunding bond and release. In addition, depending on the size of the estate the personal representative files an accounting showing the identity of takers and distributions made.  Accordingly, if it is an intestate distribution, and if the matter was submitted for probate, there should be documentation confirming his or her receipt of firearms via inheritance. If there was no probate(either through will or intestate succession) it becomes more complicated as there is no official documentation confirming receipt of firearms and the affidavits may or may not be acceptable. The laws of the various States differ on who takes and in what amount or percentage in an intestate situation and the law of the decedent's domicile controls

 

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5 minutes ago, mjhvn said:

So it sounds like just best to have a will. It also sounds like you can own firearms legally not on your name (handguns) with an FID but it's seems questionable.

That entirely depends on what state the firearms were transferred to you in. 

It sounds like the wife inherited the firearms, and transferred them to your friend. As long as the transfer was legal he should be fine, but he did not inherit them (from a legal stand point). He can bring them into NJ no problem, and transfer them to you. 

If he lived in the same state as his aunt, and didn't require any special permits to transfer firearms then you should be gtg.

You just don't want someone showing up laying claim to something you are in possession. And states like NJ are very specific about inheriting firearms.

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I know the family so yes it was inherited by aunt and then given to him when he lived out of state and is in the process but practical as already moved back to NJ. The family are good people so I don't fear that his aunt come to claim it just really seeing if I can have them with/without paperwork at 20 from this post but I guess not. 

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