Dahoff85 0 Posted April 2, 2020 Good morning all, I’m hoping you can help me understand a situation I currently am stuck in. I live in NJ and I legally purchased my hand gun in NJ. For about 6 months I temporarily worked in Ohio and temp lived out there (but always kept NJ as my permanent address). While out there I made a friend who worked on guns in his spare time. He told me to bring him my gun and he would do some of the work I had been wanting to do, so I did. On one of my trips back to NJ I found out I would not be returning to OH but he still had my gun. He then shipped me back my gun since I didn’t feel like driving all the way back out there just to get it. The gun is now at my local shop and the owner is telling me I need to get a new permit for him to give me my gun back (that I already own and have a permit for). He says it’s because he can’t hand out a gun shipped to him that he didn’t ship out in the first place. Is this the case? I’m just confused why my permit I already have isn’t enough to get my gun back. Thanks for your help! Quote Share this post Link to post Share on other sites
njJoniGuy 2,131 Posted April 2, 2020 Pertinent question: 1. Does your 'repair friend' hold an FFL? If so, why did he not enter your gun in his repair book and then ship it back directly to you? If not, you brought this on yourself by not driving back to OH to retrieve your 'unlawful transfer' Quote Share this post Link to post Share on other sites
Dahoff85 0 Posted April 2, 2020 Yes to clarify my friend does not hold an FFL but he did not ship it directly. He shipped it though his local FFL legally. Quote Share this post Link to post Share on other sites
njJoniGuy 2,131 Posted April 2, 2020 Getting and burning a new NJ permit is the price you need to pay for your OH-based asshattery. And don't forget the FFL's transfer fee and the NICS charge. Live and learn. 1 Quote Share this post Link to post Share on other sites
Dahoff85 0 Posted April 2, 2020 Also to clarify, I’m not angry about any of this and I have no problem with getting a new permit. I was just curious and am trying to understand the laws better. If I had known about this I would have just shipped it out to OH instead of driving it there. I just figured since he shipped it back through an FFL in OH to an FF in NJ that it was all legal. Quote Share this post Link to post Share on other sites
Mr.Stu 1,922 Posted April 2, 2020 31 minutes ago, Dahoff85 said: Also to clarify, I’m not angry about any of this and I have no problem with getting a new permit. I was just curious and am trying to understand the laws better. If I had known about this I would have just shipped it out to OH instead of driving it there. I just figured since he shipped it back through an FFL in OH to an FF in NJ that it was all legal. Shipping it out to another person in another State who is not an FFL is not allowed. That is a person to person transfer and across State lines must be done via an FFL. You could have shipped it to yourself, but not someone else. I don't know OH law so won't comment on whether an in person transfer in OH was legal or not. Quote Share this post Link to post Share on other sites
fslater 62 Posted April 23, 2020 I don't know the statute number but its my understanding that anytime you're receiving a gun from an FFL who got the gun from a 3rd party it's handled as a transfer no matter who owns the gun. Case in point: You go to an FFL to sell a gun to a friend....... The NICS check is technically not done until the sale has been made and they are being cleared to take possession of it. Therefore if their NICS comes back NG, you have to have a permit to have the gun transferred back to you because during the course of your selling it (between the sale and the NICS denial) it had been transferred to the FFL. As ass backward as this is I believe the logistics are a Fed thing not NJ. This wouldn't be that big of a deal though, anywhere else the FFL could just transfer it back to you. But because this is NJ to have it (your gun) transferred back to you you have to go through all the steps as if your obtaining a new gun If I were you I'd just keep this as low key as possible and go through getting a permit to get it back from the FFL that has it. Like njJoniGuy said above..... your leaving it with your buddy who works on guns (but has no FFL) was an illegal transfer to begin with. No different in the eyes of the law than giving a gun to some guy standing on the corner of GotYourFix St and DriveBy Blv in Newark 1 Quote Share this post Link to post Share on other sites
W2MC 1,699 Posted April 23, 2020 Yup....worse yet is NJ's requirement if you do a consignment sale at your local FFL, and later decide that you don't want to sell it.....you need a pistol permission slip to receive your pistol back. Quote Share this post Link to post Share on other sites
Dahoff85 0 Posted April 25, 2020 Thanks for all the clarification on this! Quote Share this post Link to post Share on other sites