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Inheriting old guns

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A friend asked me about some old rifles that she will be inheriting. I looked at them, briefly, and my guess is that the newest is a late 40's Mossberg 22. The other is a much older (I think) Winchester 30_30. Couldn't find any serial numbers on either one. They've been in her family for many years and nobody knows of any paperwork. I really didn't do much research for her, on these. She does have an FID, as does her husband. I didn't know what to tell her about possessing them legally. Can anyone give me an idea what she should do? (except shoot the heck out of 'em). I did advise her to have them checked before shooting either one. She would like to be able to take them to a range but she's afraid to do that unless she can prove that she owns them.

you dont have to register long guns, only handguns. As long as you have an FID card you should be ok, unless im missing something.

Im curious about this too actually. Do the firearms to be inherited have to be specifically left to a named person in a will?

 

P.S. Assuming there is more than one recipient of the estate.

you dont have to register long guns, only handguns. As long as you have an FID card you should be ok, unless im missing something.

 

As per NJ law, you don't have to REGISTER any firearm within the state, registration is optional (and I would DISCOURAGE registration). Pistol permits are required for all pistols EXCEPT those received via inheritance. Some argue that pistol permits are defacto registration, however, the law specifically states that REGISTRATION IS OPTIONAL.

 

You do not need an FPID (Firearms Purchaser Identification Card) or a PP (Permit to Purchase a Pistol) to legally own any firearms in NJ. If you move from say OHIO and have guns (all which comply with other portions of NJ law) and move to NJ, you do not "need" to do anything. If you INHERIT firearms within NJ, providing you are otherwise able to own firearms, you are completely within the law.

Not going to add any comments on the legality issue, but if one rifle is a centerfire, as was speculated, it will have a serial number. Quite possible that the rimfire does not. Serial numbers on all firearms were not required until after the GCA68, but CF rifles and handguns have had them from long before that - a lot of .22's and shotguns did not.

 

Adios,

 

Pizza Bob

  • Author

Thanks to all of you. That was great info. I got curious after I wrote the post and went over to look at the Winchester again. It's a Model 94 and does have a serial number.

Found this on the NJSP website.....

 

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.

(b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of

the firearm for the purpose of sale for a period of 180 days, which period may be extended by the

chief of police or the Superintendent. During such period the firearm must be placed in the custody

of the chief of police or Superintendent.

© In the case of assault firearms or machine guns disposition shall be in accordance with

N.J.A.C. 13:54-5.

Do the firearms to be inherited have to be specifically left to a named person in a will?

 

This is an issue in Federal law. If the person and gun or guns are specifically mentioned in the will they can be shipped to the heir in another state. If not they must go through a FFL.

  • 2 weeks later...

Plainly put, you do not need a permit for any firearm in New Jersey.

The FOID card ,and pistol permits are to purchase...That's all

 

You may own firearms in New Jersey , unless you are a convicted criminal.

Well, being I like to put a monkey wrench in things, Pistol Purchase Permits are titled

 

"PERMIT TO PURCHASE A HANDGUN & FORM OF REGISTER"

you dont have to register long guns, only handguns. As long as you have an FID card you should be ok, unless im missing something.

 

As per NJ law, you don't have to REGISTER any firearm within the state, registration is optional (and I would DISCOURAGE registration). Pistol permits are required for all pistols EXCEPT those received via inheritance. Some argue that pistol permits are defacto registration, however, the law specifically states that REGISTRATION IS OPTIONAL.

 

You do not need an FPID (Firearms Purchaser Identification Card) or a PP (Permit to Purchase a Pistol) to legally own any firearms in NJ. If you move from say OHIO and have guns (all which comply with other portions of NJ law) and move to NJ, you do not "need" to do anything. If you INHERIT firearms within NJ, providing you are otherwise able to own firearms, you are completely within the law.

 

+1, exactly right.

  • 4 months later...

what happens if someone passes and nobody knows how to contact their immediate next of kin? or if they dont find out that there even were firearms until years later when cleaning out the attic

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