Jump to content
Sign in to follow this  
Lavid2002

Im 18, Can I bring a pistol to the range?

Recommended Posts

As I understand these are the laws.....

*18 w/ FID to buy or poses long guns (Rifle/Shotgun)

*18 to buy shotshell

*21 to buy rifle or pistol ammunition (But if you have a FID you may poses rifle ammunition)

*21 with FID card and valid pistol permit to purchase handguns (1 permit per handgun)

The only way someone can obtain a pistol while under 21 is for someone to inherit it from a death in the immediate family.

 

Please correct me if im wrong this is my understanding of the NJ laws. My friend (An atlantic city police officer) owns numerous handguns. With my Firearms ID Card, Could I bring his handgun (Locked and properly transported) In my car to my shooting range to shoot it? Or does he have to be with me?

 

Thank you!

-Dave

Share this post


Link to post
Share on other sites

Dave,

 

You can purchase a handgun from a private individual in NJ, just not a FFL. I bought my first at 19. Both my friend who was 21 and I had to get permits. He purchased from the store and then I purchased it from him. If the law hasn't changed since 1983, you can legally own a handgun, just can't purchase it from an FFL.

Share this post


Link to post
Share on other sites
Dave,

 

You can purchase a handgun from a private individual in NJ, just not a FFL. I bought my first at 19. Both my friend who was 21 and I had to get permits. He purchased from the store and then I purchased it from him. If the law hasn't changed since 1983, you can legally own a handgun, just can't purchase it from an FFL.

 

If I am right this was a straw purchase and not legal.

You must first obtain A handgun purchasers permit even from an individual.

And that permit to purchase is held by the seller, owner, local police and state police you do not need to carry the purchase permit with you it is only used for the sale but you must have your firarms id card and be 21 if in possesion of a handgun.

Share this post


Link to post
Share on other sites
Dave,

 

You can purchase a handgun from a private individual in NJ, just not a FFL. I bought my first at 19. Both my friend who was 21 and I had to get permits. He purchased from the store and then I purchased it from him. If the law hasn't changed since 1983, you can legally own a handgun, just can't purchase it from an FFL.

 

If I am right this was a straw purchase and not legal.

You must first obtain A handgun purchasers permit even from an individual.

And that permit to purchase is held by the seller, owner, local police and state police you do not need to carry the purchase permit with you it is only used for the sale but you must have your firarms id card and be 21 if in possesion of a handgun.

 

When I purchased it back in '83, I was told this was legal by a friend who was the firearm id officer for the local police dept. The State Police issued me a permit at 19 years of age.

Share this post


Link to post
Share on other sites

Here is what I found for transfers...

 

"N.J.A.C. 13:54-1.13 Firearms passing to heirs or legatees

(a) Notwithstanding the provisions of this subchapter concerning the transfer, receipt or

acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to their heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. A person so acquiring ownership may retain the firearm if he or she meets the requirements of N.J.A.C. 13:54- 1.5 and 1.6.

(b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of

the firearm for the purpose of sale for a period of 180 days, which period may be extended by the chief of police or the Superintendent. During such period the firearm must be placed in the custody of the chief of police or Superintendent.

© In the case of assault firearms or machine guns disposition shall be in accordance with

N.J.A.C. 13:54-5.

 

 

Furthermore...

 

N.J.A.C. 13:54-1.3 Firearm identification card or permit to purchase required

(a) No person, other than a licensed or registered retail or wholesale dealer, shall receive, purchase or otherwise acquire a rifle, shotgun or antique cannon, other than an antique rifle or shotgun, unless that person possesses and exhibits a valid firearms purchaser identification card. No person shall sell, give, transfer, assign or otherwise dispose of a rifle, shotgun or antique cannon, other than an antique rifle or shotgun, to a person other than a licensed or registered retail or wholesale dealer unless the buyer or receiver possesses and exhibits a valid firearms purchaser identification card. No person shall sell or acquire a sawed-off shotgun.

(b) No person, other than a licensed or registered retail or wholesale dealer shall receive, purchase or otherwise acquire a handgun unless that person possesses and exhibits a permit to purchase a handgun. No person shall sell, give, transfer or assign or otherwise dispose of a handgun to a person other than a licensed or registered retail or wholesale dealer unless the buyer or receiver possesses and exhibits a valid permit to purchase.

 

there is the answer.

 

So even if someone passed away and it went to you, you dont need a permit, but you have to be able to possess one, ie 21 years old.

Share this post


Link to post
Share on other sites

It used to be that someone under 21 could buy a handgun from a private individual, but still needed a purchase permit (so it was not a straw purchase). However, the person had to be 18, have a FID, and a purchase permit.

 

That was stopped sometime during the Whitman administration. Whitman passed a law prohibiting all handgun sales in NJ to anyone under 21. Now the only time anyone under 21 can receive a handgun is by inheritance after death.

 

I don't know about "borrowing," but I know that Ray's had signs posted that all handgun shooters must be 21 or over.

Share this post


Link to post
Share on other sites
so it was not a straw purchase

 

Technically it was a straw purchase if you bought the handgun knowing it was not for your use. One common misconception of a straw purchase is that the transfer is legal if the recipient is legally able to possess the firearm. This is not true. the ability of the transferee is not taken into consideration.

 

In any case, i believe NJ law has changed since the mid 80's. That is one of the reasons sales clerks ask if the ammo is for a rifle or handgun.

 

N.J.A.C. 13:54-1.5 Prerequisites for a permit to purchase handgun or a firearms purchaser

identification card

(a) A permit to purchase a handgun, or a firearm purchaser identification card, shall not be issued

to any person:

 

1. To any person who has been convicted of any crime, or a disorderly persons offense

involving an act of domestic violence as defined in section 3 of P.L. 1991, c. 261 (N.J.S.A. 2C:25-

19), whether or not armed with or possessing a weapon at the time of such offense;

 

2. To any drug dependent person as defined in section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-

2), to any person who is confined for a mental disorder to a hospital, mental institution or

sanitarium, or to any person who is presently a habitual drunkard;

 

3. To any person who suffers from a physical defect or disease which would make it unsafe

for him or her to handle firearms, to any person who has ever been confined for a mental disorder,

or to any alcoholic unless any of the foregoing persons produces a certificate of a medical doctor

or psychiatrist licensed in New Jersey, or other satisfactory proof, that he or she is no longer

suffering from that particular disability in such a manner that would interfere with or handicap him

or her in the handling of firearms; to any person who knowingly falsifies any information on the

application form for a handgun purchase permit or firearms purchaser identification card;

 

4. To any person under the age of 18 years for a firearms purchaser identification card and

to any person under the age of 21 years for a permit to purchase a handgun;

 

5. To any person where the issuance would not be in the interest of the public health, safety

or welfare;

 

6. To any person who is subject to a restraining order issued pursuant to the Prevention of

Domestic Violence Act of 1991, P.L. 1991, c. 261 (N.J.S.A. 2C:25-17et seq.) prohibiting the person

from possessing any firearm;

 

7. To any person who as a juvenile was an adjudicated delinquent for an offense which, if

committed by an adult, would constitute a crime and the offense involved the unlawful use or

possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section

2 of P.L. 1997, c. 117 (N.J.S.A. 2C:43-7.2);

or

 

8. To any person whose firearm is seized pursuant to the Prevention of Domestic Violence

Act of 1991, P.L. 1991, c. 261 (N.J.S.A. 2C:25-17 et seq.) and whose firearm has not been returned

 

 

The above clause deals only with transfer of ownership as a permit would not be issued to anyone under 21 years old. If you are using another's handgun and possess a FID card I don't see a problem. As far as an actual purchase, I don't see it happening under the statutes in force today.

Share this post


Link to post
Share on other sites

I was thinking that a "straw purchase" was purchasing a firearm for someone who is not eligible to purchase it on his own. Example, buying a handgun and then selling it to someone under 21 would be a straw purchase.

 

However, before the ban on selling to under 21 year olds, it was legal for a person 18 and older to purchase a handgun from any private party, as long as he had a purchase permit. The purchase permit was his proof that he was eligible under state law to purchase a handgun (from anyone except a dealer).

 

Sorry if I caused any confusion.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...