It's my understanding that in NJ, if I'm not home and someone breaks in, and my wife uses my XD40, she goes to jail for use of an unregistered gun.

 

True? False?

better than going to the morgue

I am confused.... :?

 

Why is gun unregistered because she used it?

 

Gun was purchased legally.... right?

 

I dont get it.....

Either she picks the gun up or scumbag will

It is a legal gun, purchased with a valid FID and permit, legally transferred into NJ via an FFL.

 

But I am not there to temp transfer to my wife. So if she uses it.... It's illegal. Correct? Or am I misunderstanding our criminal friendly laws?

 

And yes, it's better than the morgue. We both know that, which is why "we" are asking!

It is a legal gun, purchased with a valid FID and permit, legally transferred into NJ via an FFL.

 

But I am not there to temp transfer to my wife. So if she uses it.... It's illegal. Correct? Or am I misunderstanding our criminal friendly laws?

 

And yes, it's better than the morgue. We both know that, which is why "we" are asking!

 

orrrrrr you could buy her, her own gun that she can shoot regularly so that if she ever needs to use it, she'll be familiar with it.

All guns are LEGAL in NJ. The possession is what you need to be concerned about. Possession of all guns is ILLEGAL in NJ, unless you fall under one of the exemptions. Everyone that is not a prohibited person is exempt in their own home. Refer to 2C:39-6e

But I am not there to temp transfer to my wife. So if she uses it.... It's illegal. Correct? Or am I misunderstanding our criminal friendly laws

 

Technically you are probably correct. The scenario you describe would make it very different. We're saying it's a clean shoot, no questions, the BG was armed and in your house; I don't think there is any prosecutor that would pursue an illegal transfer case.

 

Keep in mind that the firearm, if acquired while you were married, would also be considered in a property settlement if you were to get divorced. So she kind of owns it too.

 

If she were to use the firearm to commit a crime there is no doubt the prosecutor would go after you too.

she can legaly use the gun.

orrrrrr you could buy her, her own gun that she can shoot regularly so that if she ever needs to use it, she'll be familiar with it.

 

We are at Step 1. You sir, have vocalize step number 2.

 

But it will take MONTHS to get the FID and permits. Go* *32*#@$#@ NJ!

Thanks to all the replies btw. I will read up on the code provided.

 

I told her who gives a flip about the law if someones in our house btw but it's always important to be aware of the real deal in case some bad ish goes down.

To the original question, as PK pointed out, she is perfectly legal.

 

Let me pose another situation that might make it more clear for you. Someone moves in from out of state. I did just such a thing. There is no paperwork required for me to own a gun in my own home. The guns were purchased in a different state. I have no way to prove they are my guns. One I won in a raffle, the other off some guy at a gun show in Canton Ohio. I handed him the money, he handed me the gun.

 

They have no case.

 

The same applies to anyone in your home, minors and prohibited persons notwithstanding.

To the original question, as PK pointed out, she is perfectly legal.

 

Let me pose another situation that might make it more clear for you. Someone moves in from out of state. I did just such a thing. There is no paperwork required for me to own a gun in my own home. The guns were purchased in a different state. I have no way to prove they are my guns. One I won in a raffle, the other off some guy at a gun show in Canton Ohio. I handed him the money, he handed me the gun.

 

They have no case.

 

The same applies to anyone in your home, minors and prohibited persons notwithstanding.

 

So even if it's registered in NJ and they know that *I* am the owner then in our home she can use it to defend her life. Sweet.

All guns are LEGAL in NJ. The possession is what you need to be concerned about. Possession of all guns is ILLEGAL in NJ, unless you fall under one of the exemptions. Everyone that is not a prohibited person is exempt in their own home. Refer to 2C:39-6e

 

True information.

she can legaly use the gun.

 

Short and sweet - this sums it up!

she can legaly use the gun.

 

Short and sweet - this sums it up!

 

Well, in that case, criminals better watch out! At least in our home anyway!

So even if it's registered in NJ

 

What EXACTLY do you mean by registered? You didn't fill out the OPTIONAL registration form did you??

I think he means the defacto registrtion known as a Pistol Permit.

I think he means the defacto registrtion known as a Pistol Permit.

 

Exactly. I'd never fill out one of those garbage communist forms. But the pistol permit is defacto registration.

what about a 20yo son or daughter?

what about a 20yo son or daughter?

 

Leave them the shotgun...

I think you guys are missing the answer to your questions. It has already been posted earlier.....

 

All guns are LEGAL in NJ. The possession is what you need to be concerned about. Possession of all guns is ILLEGAL in NJ, unless you fall under one of the exemptions. Everyone that is not a prohibited person is exempt in their own home. Refer to 2C:39-6e

I think you guys are missing the answer to your questions. It has already been posted earlier.....

 

All guns are LEGAL in NJ. The possession is what you need to be concerned about. Possession of all guns is ILLEGAL in NJ, unless you fall under one of the exemptions. Everyone that is not a prohibited person is exempt in their own home. Refer to 2C:39-6e

 

And if you're under 21 and it's a pistol - you're a "prohibited person..."

Technically you are probably correct

 

Not really as not transfer took place. A transfer requires actions on the part of two parties. In this case, only one party was involved. Do not try to determine a case based on a statute. That is done only after reading case law on the subject.

 

The laws address a trafer between two parties outside the home. the state has no such restrictions between family members inside the home outside of a child's access to a firearm without supervision.

 

The laws of transfer are far from simple. Years ago I knew someone convicted of a illegal transfer outside the home. It was not a clear cut case of a transfer but handing a loaded firearm to someone who a short time later shot himself due to consumption of alcohol. The case took weeks simply on the fact of was it or wasn't it a transfer?

 

Outside of the state's firearms laws are precedents covering issuing arising out of a emergency situation. Would you expect the FAA to charge someone for landing a plane after the incapacitation of the pilot when that person was not licensed to fly? Same elements.

Do not try to determine a case based on a statute. That is done only after reading case law on the subject.

 

I agree with you on that. The statute says:

 

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.

 

The problem with case law is that it can change. An example was the 2 cases a few years ago with 2 LEOs caught with unregistered assault weapons. In one case the judge said the LEO needed to register it and the other judge said the LEO had to. I don't think it went through the entire appeals process but resulted in both cases being dismissed. Rather than have the Supreme Court make a decision or the legislature clarifying the law we wound up with "Attorney General Guidelines". Kind of like letting the executive branch make the law.

 

I'm sure if you supplied a handgun to someone and they used it to commit a crime the court would see that as a "give, transfer or assign or otherwise dispose of a handgun to a person".