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Zeus2112

Gift or Inherited firearm

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If the gun is NJ legal, it does NOT have to be registered here. And if he gave it to you before you moved here with it, you’re fine. 

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6 minutes ago, 10X said:

If the gun is NJ legal, it does NOT have to be registered here. And if he gave it to you before you moved here with it, you’re fine. 

the gun was only ever registered in CA. its been in NJ storage locker for 25 + years. 

I just need to know what, if anything, I need to do. Saw posts that said NJ does not require handguns to be registered, so im confused.

10 minutes ago, PK90 said:

You just admitted to committing a crime on a public forum. Nice.

that's not very helpful...what is the "crime". I was given this (or maybe I wasn't, I can't remember now).

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19 minutes ago, Zeus2112 said:

that's not very helpful...what is the "crime". I was given this (or maybe I wasn't, I can't remember now).

You needed to have a Permit to Purchase a Handgun prior to accepting this gift. 

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Look up "straw purchase"!  If you owned it LEGALLY prior to coming to NJ you should be GTG.  I don't think you can inherit a gun from someone living.  He would have to transfer it legally to you and you would need a handgun purchase permit. He needs nothing as the seller or person transferring the gun to you.

If it was a long arm you could fill out a COE and transfer without an FFL being father and son.

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5 minutes ago, PK90 said:

You needed to have a Permit to Purchase a Handgun prior to accepting this gift. 

thank you.

that makes no sense (not your fault). im not purchasing it...I am awaiting still my  purchase permits though...been 3 weeks + now since NJSP have approved them, but my local is dragging the process out.

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Since 1968, any acquisition of handguns as a NJ resident must be acquired with a Permit issued by the police in the jurisdiction of your residence, unless by inheritance, which means death, not gifts.

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8 hours ago, Zeus2112 said:

Not sure what I need to do here.

IF My father gave me a gun that he purchased legally, in CA, back in 1987. Its brand new, never fired—he's been in NJ for over 20 years now and does not have a FID card and has never registered said firearm in NJ. I DO have a FID, and have purchased 1 firearm already.

Question is, do i need to register this? If so, what do i need to do? Can i use the "Voluntary" SP 650I form?

Thanks in advance

Become a member not a Dabbler then you can ask these questions as a hypo in a private pm

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39 minutes ago, Zeus2112 said:

what does that mean exactly? im a registered user of this site.

What it means is no one trusts you yet....

 

If you pops moved to nj with a gun he owned from out of of state...good to go...he doesn't have to register he doesn't have to tell anyone anything.

If you both live in nj...he cannot gift you that gun...meaning transfer it to you.....until you have a pistol permit form...then you both can take it to an ffl and do the transfer ...nics check etc....

 

It nj ....the shitshow of the US.

 

 

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10 hours ago, Zeus2112 said:

Not sure what I need to do here.

IF My father gave me a gun that he purchased legally, in CA, back in 1987. Its brand new, never fired—he's been in NJ for over 20 years now and does not have a FID card and has never registered said firearm in NJ. I DO have a FID, and have purchased 1 firearm already.

Question is, do i need to register this? If so, what do i need to do? Can i use the "Voluntary" SP 650I form?

Thanks in advance

You didn’t mention when this happened. Check your COEs and see if the transfer was 9/16. If it was then there’s no issue here. Maybe your father has it somewhere or it’s all those papers he left. Go look for it. 

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1 hour ago, USRifle30Cal said:

What it means is no one trusts you yet....

 

If you pops moved to nj with a gun he owned from out of of state...good to go...he doesn't have to register he doesn't have to tell anyone anything.

If you both live in nj...he cannot gift you that gun...meaning transfer it to you.....until you have a pistol permit form...then you both can take it to an ffl and do the transfer ...nics check etc....

 

It nj ....the shitshow of the US.

 

                     

A private sale/ gift between immediate family members doesn't have to go thru a ffl.  Yet...

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33 minutes ago, BobA said:

You didn’t mention when this happened. Check your COEs and see if the transfer was 9/16. If it was then there’s no issue here. Maybe your father has it somewhere or it’s all those papers he left. Go look for it. 

Only a transfer without a permit, IF it was a handgun.

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I bring this type of transfer up quite often as I lecture.  It's interesting to note that you can't take possession of a hand gun w/o papers unless it's willed to you.  But if the party that named you in the will is still ALIVE, the act of the identical transfer is a FELONY to BOTH PARTIES!  Further, married couples can't "borrow" each others' hand guns to go to the range to practice, even though this personal property would be evenly split in a divorce situation and/or all go to the surviving spouse in the event of a partners' death.  ASININE gun laws!

~R

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I do not believe your answer is completely correct. An appointed personal representative of an intestate estate with letters of administration(no will)can take possession for administration of the estate in N.J. Otherwise the handgun would be in a limbo situation with no one having the right to possess it.

A legal transfer without papers that takes place in another State does not prohibit the transferee from bringing a firearm into this State so long as the firearm is legal in N.J.

There is also a U. S. Supreme Court decision permitting a person who is otherwise prohibited from possession ( under a court order) to temporarily possess for the purposes of transferring to a FFL for disposition --otherwise an unlawful taking occurs

There are also federal cases which seem to carve out an exception for what would otherwise be prohibited possession in a public place  where there is an emergent situation of justifiable self-defense under a Second Amendment analysis.

A service man or woman can make a legal temporary transfer in connection with the performance of military duties.

There are also other exceptions, but generally you are correct.

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31 minutes ago, Smokin .50 said:

!  Further, married couples can't "borrow" each others' hand guns to go to the range to practice, even though this personal property would be evenly split in a divorce situation and/or all go to the surviving spouse in the event of a partners' death.  ASININE gun laws!

~R

So if you got divorced and had to divvy up the guns, would the spouse who did not have the paperwork have to go get all the permits and if so, any reason this wouldn't qualify for an exemption to one gun a month? 

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8 minutes ago, raz-0 said:

So if you got divorced and had to divvy up the guns, would the spouse who did not have the paperwork have to go get all the permits and if so, any reason this wouldn't qualify for an exemption to one gun a month? 

Permits... yes. Multiple Handgun Exemption... yes.

I'm assuming 'the spouse who did not have the paperwork' means the spouse who did not purchase any of the handguns in question.

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No. A POA has nothing to do with this. A POA terminates on the death of the principal. At that point if the principal has no will the laws of intestate succession apply to the disposition of your property which is administered by a personal representative that is appointed by the surrogate or a court.

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Thanks for all the info, and sorry if this opened a can of worms...

Seems the short answer is that I must use one of my highly coveted "permit to purchases", take the firearm to the FFL, pay their fee, and have it legally transferred into my name. 

Sound right?

thanks

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Have father sign the permit as Seller/Disposer and you as Buyer/Acquirer. No dealer needed. Send the copies into the PD who issued it, and to the NJSP FIU, as per instructions on the Permit.

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4 minutes ago, PK90 said:

Have father sign the permit as Seller/Disposer and you as Buyer/Acquirer. No dealer needed. Send the copies into the PD who issued it, and to the NJSP FIU, as per instructions on the Permit.

Hey thanks!

but I still need to use one of the permits? no way around that? can't use the Voluntary form that I downloaded?

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51 minutes ago, SJG said:

No. A POA has nothing to do with this. A POA terminates on the death of the principal. At that point if the principal has no will the laws of intestate succession apply to the disposition of your property which is administered by a personal representative that is appointed by the surrogate or a court.

So if I got dementia and my son had POA he could sign my checks, sell my car but not touch my guns legally?  Even to sell them off? 

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2 minutes ago, BobA said:

So if I got dementia and my son had POA he could sign my checks, sell my car but not touch my guns legally?  Even to sell them off? 

The fundamental problem is that the governor, the AG, and a majority of the senate and assembly got dementia ahead of you, which screws up your options for transferring firearms. 

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