I'm looking to buy a BB gun for my 10 year old son to shoot. I plan to cross over the border into PA or NY and buy one without a pistol permit and bring it back home.

 

Is this legal to do so :?:

aside from an Airsoft no it is illegal. If it is powered by CO2 or spring powered you need a pistol permit. If you are caught with a BB gun pistol and no paperwork you will be prosecuted like it was a real gun.

I'm not a lawyer but it's my understanding that if you purchase a gun legally in another state you don't need any permits to posess it in NJ.

There are no laws governing interstate sales of bb guns so in PA they'll sell you one directly and the transaction is legal, no permits or FID required.

You should keep in mind that once you're back in NJ you've got a firearm and all the laws apply. Transport it unloaded, locked in the trunk and be especially careful about supervising your son with it. A minor accident with a bb could get you into some major legal trouble.

bioed you can purchase a long arm and transport to NJ but an out of state pistol purchase requires the pistol be shipped to an FFL. A BB gun pistol is no different. They require a pistol purchase to buy in state.

 

Using your argument that it is legal to purchase in most states and bring to NJ is like saying fireworks are legal in other states so buying them and bringing them into NJ is legal.

This is a gray and debatable issue.

 

No laws are broken on the purchase as it is not classified a pistol when purchased. It becomes a pistol once it is brought into NJ.

 

But you bought it years ago before NJ classified it a pistol, right?

...or you bought it when you were a resident of Pennsylvania!

PK90 even you say it becomes a pistol when brought into NJ. Would you use that argument with a prosecutor? Unfortunately we live by the laws of our state not another.

PK90 even you say it becomes a pistol when brought into NJ. Would you use that argument with a prosecutor? Unfortunately we live by the laws of our state not another.

Which argument?

Defense: I bought it years ago and I can't find the receipt.

Prosecutor: It is a pistol that you acquired while a NJ resident.

 

POI: I am not an attorney. Hell, I've never even slept in a Holiday Inn Express.

better be an older model over 70 years old if you have always been a nj resident !

good luck getting a store in PA to ship a bb gun to a NJ FFL..they will probably just laugh at you.....

The ATF doesn't consider them to be firearms, so how can it be an interstate commerce thing?

 

You know.. like when you buy a real long arm in PA, you need to comply with laws of both states?

 

Isn't this the same thing as buying a muzzleloader in PA?

Near as I can tell; you can buy one legally out of state; since there is not a federal law regulating purchase of airguns.

 

The grey area is if the NJ law preventing aquisition of a handgun w/o the permit is applicable out of state. It shouldn't be - GCA '68 is a federal law that requires the buyer to comply with both their own state and the local state law for purchasing firearms; but only covers firearms. It was perfectly legal for 18-year-olds to buy alcohol in states where that was the drinking age back in the day. So presumably a ban on purchase in-state is not effective out of state.

 

NJ bans posession in general, but there are specific exceptions. It is not illegal AFAIK to import a firearm you posessed out of state as long as ownership is not banned - see NJ AWB and note that many BB guns will hit the magazine capacity limit o.O .

 

Of course, all this means is that you have the ability to hire a lawyer to defend you in court.

 

Best advice - son't get pulled over bringing it into NJ.

 

BTW - Harry's in Hamilton appears to carry CO2 airsoft; unless your son NEEDS the fps of a real BB gun a gas-driven airsoft could fill the role.

Near as I can tell; you can buy one legally out of state; since there is not a federal law regulating purchase of airguns.

 

The grey area is if the NJ law preventing aquisition of a handgun w/o the permit is applicable out of state. It shouldn't be - GCA '68 is a federal law that requires the buyer to comply with both their own state and the local state law for purchasing firearms; but only covers firearms. It was perfectly legal for 18-year-olds to buy alcohol in states where that was the drinking age back in the day. So presumably a ban on purchase in-state is not effective out of state.

 

NJ bans posession in general, but there are specific exceptions. It is not illegal AFAIK to import a firearm you posessed out of state as long as ownership is not banned - see NJ AWB and note that many BB guns will hit the magazine capacity limit o.O .

 

Of course, all this means is that you have the ability to hire a lawyer to defend you in court.

 

Best advice - son't get pulled over bringing it into NJ.

 

BTW - Harry's in Hamilton appears to carry CO2 airsoft; unless your son NEEDS the fps of a real BB gun a gas-driven airsoft could fill the role.

What innargent says above pretty much mirrors my thinking-he just says it better.

 

I found this article on nj.com:

 

http://www.nj.com/news/index.ssf/2009/08/randolph_man_is_accused_of_kil.html

 

The Daisy Powerline he used is a bb handgun. It dosen't say whether he had a permit or not but it seems like no firearms related charges were filed

Zeglin apologized for his actions and voluntarily surrendered his Daisy Powerline Model 93 CO2-cartridge BB gun to police so it could be destroyed, court papers state.

 

 

WTF is up with that? Bad BB gun....now look what you did...you must be destroyed!

 

 

 

Overall it seems that as long as you arent doing stupid $hit with your BB gun, you shouldnt have any problems...

Alcoholism is a downcheck on ownership in NJ, it would appear. At least per STS-33.(And I think the 4473 has a space for it as well).

 

So he is turning in a firearm he is no longer permitted to own now that he has been diagnosed with alcoholism. Presumably that is easier than transferring it to a legal owner (I certainly wouldn't waste a permit on it).

After Zeglin shot the bird on June 7, his wife, who was upstairs and heard the gunshots, came down to find Zeglin sitting in his chair, watching TV. "Mikey" was dead in his cage. She then called police,

 

This is where many people are killed. Threaten to call the cops and the drunk guy with a gun just up and kills the person making the threats or at least gives a brutal beating. My advice to anyone about calling the cops....never advertise it.

from what I understand; airsoft pistols that use compressed gas or air require permits

spring type airsoft guns are sold off the shelf at Dicks, just like paintball guns,

some of those spring guns pack a good punch at a cheap price....

Forget about the BB handgun for the 10 yr old. Get him a green gas airsoft gun - like a g19 replica. The slide operates, same size/shape as glock 19 --- and not illegal.

Forget about the BB handgun for the 10 yr old. Get him a green gas airsoft gun - like a g19 replica. The slide operates, same size/shape as glock 19 --- and not illegal.

I didn't find a g19, I did find a g23 thou.

 

This is legal to own in NJ?

 

http://www.airsplat.com/Items/GP-KJW-G23C-B-3.htm

Unfortunately, it seems many retails view the gas-powered airsoft as airguns within the meaning of the act (depends on your view of "sufficient force to injure a person" I suppose - 2C:39-1 f defines a firearm as, among other things " any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.")

 

I figure as long as the FPS is in the sub-400 range (which is what the spring guns at Dick's et al are), it should be legal to purchase w/o a permit. I'm not the one selling it though.

 

Anyway - barring the assault weapons clause, and as long as you stay within the requirements of posessing without a license, it shouldn't matter if it did count. Alas, we live in NJ. Don't get pulled over bringing it back from an outside state, and don't take it out of the house.

 

If that G23 is considered a firearm; the magazine is a high-cap magazine... If it's not, it doesn't matter. (I'd be careful anyway, in case they considered it a high-cap magazine because it *could* be put in a firearm even if the G23 replica wasn't considered a firearm.) Follow the 11th commandment and Don't Get Caught

several kids in my town have them....

I hear on the scanner alot; people calling cops about kids with guns,then they find that they have the orange tip

no harm/no foul if thier using it responsibly...one time someone reported a sniper on a house roof...

turns out it was a kid shooting at his dad mowing the lawn,(nothing happened)made the cops/neighbors nevous

Found a couple of stores that carry gas-driven airsoft, so I presume that they're considered lacking "sufficient force to injure." (Duh).

whining fu**ing maggots