Firearm Purchasing Requirements as it applies to NJ Resident

[Krdshrk 3,877]

Yes, you are correct, Z71. You cannot purchase a BB Gun Pistol or Black Powder Pistol without a PP and FID. They are considered firearms in NJ, and since they are pistols, they fall under the handgun rules. It's not a specific statute against it - it's the ruling that they are firearms, then the ruling about purchasing firearms.

[Malsua 1,422]

there is an on going disscussion at another forum (NJH)basically stating a nj resident can buy a BB HG or black powder pistol in Pa w/o a p2p and bring it home legally....I know BB guns arent real guns in Pa but you committ a crime when you cross the river

into nj with a bb pistol, w/o a p2p and ffl transfere in nj right ?? I cant find the statue or law to prove me right..anyone know??

 

Any firearm purchased legally in a different state is legal for you to own in NJ assuming it is NJ legal. Since you legally buy it in PA, assuming you are transporting it properly and assuming you are on your way home(or to a range, gunsmith or business that you own), it is perfectly legal. Since NJ considers air guns to be firearms there's no difference between a Gamo air rifle and a Ruger .44 magnum.

[Malsua 1,422]

Yes, you are correct, Z71. You cannot purchase a BB Gun Pistol or Black Powder Pistol without a PP and FID. They are considered firearms in NJ, and since they are pistols, they fall under the handgun rules. It's not a specific statute against it - it's the ruling that they are firearms, then the ruling about purchasing firearms.

 

He's talking about buying them in PA.

[Krdshrk 3,877]

He's talking about buying them in PA.

 

Right - I got that. You can't buy handguns in PA without shipping them to a FFL in NJ, and using a PP.

[Pizza Bob 1,488]

Right - I got that. You can't buy handguns in PA without shipping them to a FFL in NJ, and using a PP.

 

 

But in PA and the rest of FREE America, air guns and black powder firearms are not considered firearms.

 

Interstae sales are supposed to comply with the laws of both the state of purchase and the state of residence, but since outside NJ these are not considered firearms, no one is going to want to ship it to NJ.

 

Adios,

 

Pizza Bob

[Z71 4]

after reading the nj law its illegal to buy a non-firearm in free america and bring it back to nj without going

through the process nj requires...other than being a nj compliant firearm; a resident of nj must comply with nj law, ie p2p/ffl

or be in violation of the law...I'd love to get a black powder pistol but not bad enough to lose my freedom

[Krdshrk 3,877]

after reading the nj law its illegal to buy a non-firearm in free america and bring it back to nj without going

through the process nj requires...other than being a nj compliant firearm; a resident of nj must comply with nj law, ie p2p/ffl

or be in violation of the law...I'd love to get a black powder pistol but not bad enough to lose my freedom

 

Yes - that was the point I was trying to get across to you. Glad you got some clarification. I think the input from the other members was muddling it up.

[Nick S 2]

Oh wow...when I was about 8 one of my Uncle's bought me a BB gun because he worked for a gun manufacturer. I had that gun in my closet for years until it was finally stolen during a burglary in 2003. I never even took the gun out of the box because my Grandfather, who's house I was living in at the time, hated guns although he had several rifles. You learn something new every day.....

[Malsua 1,422]

Yes - that was the point I was trying to get across to you. Glad you got some clarification. I think the input from the other members was muddling it up.

 

How did I muddy it up?

 

There's no federal restriction on a NJ resident buying a black powder handgun, rifle or a BB gun in PA.

 

There's no NJ restrictions on owning firearms purchased legally in a different state unless it violates the assault weapon statutes.

 

If you don't want to believe it's legal, or ERR on the safe side, that's your choice.

[JackDaWack 2,895]

What about BB handguns? I've seen some pretty powerful daisy CO2 powered handguns...do they need a p2p?

[Malsua 1,422]

What about BB handguns? I've seen some pretty powerful daisy CO2 powered handguns...do they need a p2p?

 

If you buy it in NJ yes. If PA doesn't call it a firearm, you can buy it in PA without a pistol permit.

[Krdshrk 3,877]

How did I muddy it up?

 

There's no federal restriction on a NJ resident buying a black powder handgun, rifle or a BB gun in PA.

 

There's no NJ restrictions on owning firearms purchased legally in a different state unless it violates the assault weapon statutes.

 

If you don't want to believe it's legal, or ERR on the safe side, that's your choice.

 

My impression was that you're a NJ resident, you cannot buy handguns out of state.. Am I confusing things here myself?

[Pizza Bob 1,488]

If you buy it in NJ yes. If PA doesn't call it a firearm, you can buy it in PA without a pistol permit.

 

 

Mark:

 

I think you are misinterpreting the law - and it could prove costly. You are correct that federal law and PA law (for example) do not consider BB gubs or black powder gun "firearms" and therefore place no restrictions on buying same.

 

However, federal law says that in order for an interstate sale of firearms to be legal, it must comply with the laws of both states - state where purchased and resident state of the purchaser. The OTC purchase of these items, considered firearms in NJ, does not comply with NJ law.

 

So can you, as a resident of NJ go to PA and purchase a BB gun or Black Powder firearm - absolutely. Can you bring it back to NJ, based on the above - NO.

 

The part of the law that you are interpreting as making that OK applies to people who legally purchased firearms while residents of the state where purchased, at the time of the purchase, and are moving to NJ - and even then the weapons must comply with NJ law.

 

In the example, you were not a PA resident when you purchased the BB gun or BP firearm, therefore you cannot transport the gun back into NJ - since NJ considers them firearms and you obtained them in contravention of NJ law.

 

IANAL and maybe I am "tinfoil hat paranoid", but I'm wouln't risk my freedom over a BB gun or BP firearm just because I don't feel like jumping through some hoops.

 

Adios,

 

Pizza Bob

[Krdshrk 3,877]

That's what I was trying to put across... Thanks, Pizza Bob!

[JackDaWack 2,895]

another issue i see with bb guns, rifles that is, most of them are not 16inch barrels.. I know my dad bought one years ago at a sports authority in nj(barrel cant be more then 14inchs) with a ID card, but the law is very confusing when it comes to bb guns.

[ianargent 7]

It's a gap in the law. It is legal to buy a BB gun or a black powder weapon out of state, since these are not considereded firearms. So you can buy them in PA - NJ law does not have any effect in PA normally and the federal law that requires you follow both states' laws concerning acquisition of firearms doesn't apply since, federally speaking, they aren't firearms.

 

They magically become firearms once you cross the Delaware River. You must follow the law concerning possession of firearms in NJ. It is legal to possess firearms under one of the exemptions in NJ law, even if you obtained them out of state (assuming they aren't banned assault weapons). Just don't transfer them in-state without the relevant paperwork.

 

Again, the federal law doesn't apply since, federally, they aren't firearms.

[Malsua 1,422]

As Ianargent stated has stated federal law does not apply.

 

"However, federal law says that in order for an interstate sale of firearms to be legal, it must comply with the laws of both states "

 

Federal law does not consider Black powder or BB guns as firearms so there is no interstate sale of a firearm.

[PK90 3,570]

As Ianargent stated has stated federal law does not apply.

 

"However, federal law says that in order for an interstate sale of firearms to be legal, it must comply with the laws of both states "

 

Federal law does not consider Black powder or BB guns as firearms so there is no interstate sale of a firearm.

 

+1

[M4BGRINGO 139]

Sorry for the dumb question, but what is a COE?

 

I am in the process of getting my FID. I applied for one handgun permit also.

 

Another question: My father gave me a .22 rifle that he had as a kid and a BB pistol that is very old. Anything I need to do about either of these? Nothing is registered since 50 years ago (rifle) it wasn't required.

 

If I am asking these questions in the wrong section please move them.

 

Sorry, I found the COE thread below. I should read more before I type! Is this a form that a dealer fills-out with you when you go to purchase a long gun? Most of those questions look like the same questions on the form I did with the local police dept.

[Jon 264]

Sorry for the dumb question, but what is a COE?

 

I am in the process of getting my FID. I applied for one handgun permit also.

 

Another question: My father gave me a .22 rifle that he had as a kid and a BB pistol that is very old. Anything I need to do about either of these? Nothing is registered since 50 years ago (rifle) it wasn't required.

 

If I am asking these questions in the wrong section please move them.

 

Sorry, I found the COE thread below. I should read more before I type! Is this a form that a dealer fills-out with you when you go to purchase a long gun? Most of those questions look like the same questions on the form I did with the local police dept.

 

No dumb questions when it comes to NJ Gun Laws.

 

In order to remain 100% legal, you and your father should fill out a CoE(Certificate of Eligibility): http://www.state.nj.us/njsp/info/forms.html for the .22 rifle and each of you should retain a copy. This form only stays on file with the buyer and seller and is never furnished to the authorities, unless you need to prove ownership for a rifle or shotgun.

 

The BB pistol, in the state of NJ, is considered a firearm, and must be treated as a real handgun. In order to remain legal, you should apply for a Pistol Purchase Permit, and fill it out with your father.

 

Hope this helps!

[codasmog 0]

I posted this on NJH with no luck.....

 

 

I'm applying for my PP and was curious as to what the reference letters look like?

 

Is it a form?

 

Multiple choice?

 

Do my references have write a 3 page essay on why Im such a great guy?

 

When I got my card a while back, my references didnt even tell me they received anything or filled out anything.

 

I just got a call after 93 days that my card was ready.

[Jon 264]

I posted this on NJH with no luck.....

 

 

I'm applying for my PP and was curious as to what the reference letters look like?

 

Is it a form?

 

Multiple choice?

 

Do my references have write a 3 page essay on why Im such a great guy?

 

When I got my card a while back, my references didnt even tell me they received anything or filled out anything.

 

I just got a call after 93 days that my card was ready.

 

The reference letters are normally pretty basic, and ask how long the reference has known the applicant, what the applicant does for a living, and if the reference has any reason to deny the applicant the ability to purchase a gun. Most of the answers should be one word responses, and the entire letter will be contained to 1 page.

[codasmog 0]

Thanks j0n!

[Wesleeptheylive 0]

Hi, new to the forums so I beg your pardon if I'm not posting this in the correct place, but I am a NJ resident looking to sell a firearm (handgun), and from what I gather from this sticky, I have to be the the legal owner of the firearm (which I am,) and the buyer has to be a NJ resident with a Permit to Purchase and a federal permit...the absense of the liscensed dealer doesn't seem right to me though so I just want to make sure all the buyer needs is those two items..... correct? Thanks for all the help.

[PK90 3,570]

What is this federal permit that you are refering to?

 

1. Handgun purchases by

....A. NJ resident from

........(2) NJ resident = face to face with a P2P with Photo ID suggested

1. Handgun purchases by

....B. Out-of-state resident from

........(2) NJ resident = must be transferred through buyer's home state dealer

[halbautomatisch 60]

Hi, new to the forums so I beg your pardon if I'm not posting this in the correct place, but I am a NJ resident looking to sell a firearm (handgun), and from what I gather from this sticky, I have to be the the legal owner of the firearm (which I am,) and the buyer has to be a NJ resident with a Permit to Purchase and a federal permit...the absense of the liscensed dealer doesn't seem right to me though so I just want to make sure all the buyer needs is those two items..... correct? Thanks for all the help.

What do you have to sell?

[BCeagle 12]

Do all these rules apply to gun shows in PA also? eg If I want to sell a shotgun, can I bring it to a show in PA and sell it to a New Yorker I meet there without a FFL?

[PK90 3,570]

Do all these rules apply to gun shows in PA also? eg If I want to sell a shotgun, can I bring it to a show in PA and sell it to a New Yorker I meet there without a FFL?

 

In this scenario, both of you are residents of different states, so a dealer from either NY or NJ has to be involved in the transfer. If you are in PA, only the dealer from NY can purchase from you and then transfer to the NY resident once back in NY.

[djg0770 481]

PK meant "...only the dealer from NY can purchase from you..."

 

PK - couldn't a PA dealer buy it from seller and then sell it to buyer?

[PK90 3,570]

Oh yeah. Missed that one.