l know its been discussed 100's of times,but can someone just give me a simple yes or no answer?

The way NJ writes the laws you have to be a lawyer to understand!!

My dad has 2 pistols in his name that he's giving me.When l picked up my permits the other day the local PD said if he is ''giving'' them to me no paper work or pistol permit is nessecary,but if he's selling them to me we need to fill out the pistol permit and mail 1 copy to local PD and 1 copy to NJ State Police.l know with long guns theres just a certificate of eligability,copy for him,and a copy for me.''just in case'' the Police get technical.

Can he just give the pistols to me? or do we have to fill out and mail in the pistol permits? Thanks

If you get them though an estate transfer, no paperwork is needed.

 

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.

 

A monetary exchange does not alter the fact that a purchase permits are required. The next section should answer the question of a transfer between relatives. as you can see, it does not apply in your case. The requirement is the passing of the heir.

 

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.

rscalzo is dead on.

 

You need to use the purchase permits even if no money exchanges hands. The only other way to do it without the permits is if the guns passed by way of death and estate... not a good option.

 

Best of luck.

They are both right; you still need the purchase permits even if they are not being sold.

 

The police told you otherwise? Just out of curiosity, see what they say if you ask them to put it in writing!

Thanks for the info. l talked to a lawyer,he said either way l need a permit.lf they are willed to you ,you have 180 days to either get rid of them or get a permit.And ''technically'' you're suppose to have your local PD ''hang on'' to them,until you can own them legally.

Was just hoping l wouldn't have to ''waste'' my permits,cause it took me 6 months!!! to get them!

Thats NJ for ya....

Theres New Jersey,then theres the free world

lf they are willed to you ,you have 180 days to either get rid of them or get a permit.

 

Your lawyer gave you incorrect information. If willed to you from an estate, you do not need a permit. however you must be eligible under NJ law to legally possess the firearm. Age or a DV involvement for example would make it a prohibited transfer.

 

N.J.A.C. 13:54-1.13 Firearms passing to heirs or legatees clearly spells that out. I've assisted families in the past with transfers under this statute. No PP is required.

to take it one step furthur from what rscalzo said, which is correct, if the arms were previously turned into an ffl or proecutors office before inheritance, or the guns are to be shipped to the inheritant, the a permit is required. the inheritant would physically have to pick up the arms in person, wherever they be at.

The only reason that the Prosecutor's Office would take possession of a firearm is due to a DV or evidence in a criminal offense. they will not become involved in estates. Same for a FFL. There would be not reason for them to become involved in a routine transfer of estate property.

 

However if the transfer is across state lines, then the state statute would not apply. It is for a FTF only. If the estate property is outside on NJ, then a FFL would be required if they are to be shipped.

 

The only question that remains is if the state statue would apply to a FTF out of state. At that point Federal law takes over. I think it would negate the state statute thus requiring a transfer through a FFL. For that I don't have an answer.

The only reason that the Prosecutor's Office would take possession of a firearm is due to a DV or evidence in a criminal offense. they will not become involved in estates. Same for a FFL. There would be not reason for them to become involved in a routine transfer of estate property...

There are instances where the PD/PO becomes involved. For instance, the owner dies alone and under unknown or questionable circumstances. The firearms are in the now vacant home. They would be taken for "safekeeping" purposes by the PD. The PD/PO will make the decision to return the firearms to the heir when the case is closed. NOW, if the heir is a prohibited person, by statute they have 180 days to transfer ownership to another. HOWEVER, the firearms can not be turned over to the heir by the PD/PO for obvious reasons, so they must go to a dealer for the transfer. Far fetched scenario? Not really. Ask me some other time, why and what a pain in the ass it was.

My question, I'm a former NJ resident have my FID and pistol permit. Can I legally take my gun to NJ; let

For instance, the owner dies alone and under unknown or questionable circumstances

 

That is what I went through. the owner died in a fire. The firearms were taken in for safe keeping. They were turned over to the family when the will was read by the executor. It was not a big deal for anyone involved.

 

If the scenario keeps changing then all bets are off. The statute states someone who is legally able to possess a firearm. If that were not the case we would not have turned them over for obvious reasons.

 

The question on bringing a firearm in has nothing to do with the original question.

 

As a former resident your FID card would not be valid for purchases, etc. as the information would not be valid. As far as bringing in a firearm to use, it transported properly and it was not a prohibited item, I don't see a problem.

 

If it is just for a quick shooting session, i don't think it is worth the hassle. where will it be stored when not being used? Use common sense and you should be fine. Be aware that purchasing any ammo in NJ might be difficult. while you have the FID card, it might get you jammed up it found that you are no longer a resident. Bring your own ammo or get it from your friends.

As a former resident your FID card would not be valid for purchases, etc. as the information would not be valid. As far as bringing in a firearm to use, it transported properly and it was not a prohibited item, I don't see a problem.

 

If it is just for a quick shooting session, i don't think it is worth the hassle. where will it be stored when not being used? Use common sense and you should be fine. Be aware that purchasing any ammo in NJ might be difficult. while you have the FID card, it might get you jammed up it found that you are no longer a resident. Bring your own ammo or get it from your friends.

 

Thank you for answering, I was just curios, I have no intention in taking my guns to NJ. When I bought ammo in Jersey I only showed my FID, they never ask for my Driver license, I know some places use to or still sell you ammo with your DL, the only place that wrote my purchase was Ramsey in Paramus.

Thanks everyone,finally got it,and understand how it works. N.J. gun laws are just way to complicated,to much ''fine print''.