I was recently given a Colt 1911 (I believe it is from 1918 - Army Issue) from my father who has had it for over 35 years. He originally received it as a gift from a friend with no paperwork. I have a purchase identification card and permitted guns and would like to make this one legal.

 

Any advice on what I need to do?

 

NJ Gun Owner

Welcome.

 

1. You need a "Permit to Purchase".

2. If he is a NJ resident, then you can do a face to face transfer. If he is a non-resident, the transfer must go through a NJ Dealer.

I was recently given a Colt 1911 (I believe it is from 1918 - Army Issue) from my father who has had it for over 35 years. He originally received it as a gift from a friend with no paperwork. I have a purchase identification card and permitted guns and would like to make this one legal.

 

Any advice on what I need to do?

 

NJ Gun Owner

 

First things first, your father and you have already broken the law... The fact that your father acquired the gun in 1975, 10+ years after the permit process was in place is bad but if he then gave the gun to you without you first pulling a pistol permit you both have broken NJ law. You need to pull a purchase permit and once you receive it your father needs to fill it out BEFORE he transfers the gun to you. Chances are someone at the NJSP is already checking up on your IP address so I would get on it... At least that is my 2½¢

...Chances are some at the NJSP is already checking up on your IP address so I would get on it...

 

Wow I can't even joke around here any more... LOL BTW I'm stealing that...

Wow I can't even joke around here any more... LOL BTW I'm stealing that...

Sorry. Gotta use one of these, , to let us know you're joking.

I havent taken possion of it - that's why I'm trying to sort out what I need to do to make it legal. I also estimated when he recieved the gun so it very well may have been much longer then that. The gun is nearly 100 years old.

Now, not to derail his thread...his answer is obvious...he needs to apply for pistol permits and then transfer it from his father to himself. As long as he hasn't taken possession yet, he's not broken any laws.

 

His father could have been given the firearm while a resident of a different state or in the armed forces and on base in a different state.

 

For the moment, let's assume neither is true and he was given the firearm illegally in 1975. Is there a statute of limitations on something like that?

I havent taken possion of it - that's why I'm trying to sort out what I need to do to make it legal. I also estimated when he recieved the gun so it very well may have been much longer then that. The gun is nearly 100 years old.

So, you really mean he acquired it prior to 1965 ..... right?

So, you really mean he acquired it prior to 1965 ..... right?

 

 

exactly

also depends on whether or not this gun has be willed to someone legally, if so, everyone is wrong

also depends on whether or not this gun has be willed to someone legally, if so, everyone is wrong

 

...providing he does not take possession of it until dear old dad is g-o-n-e.

also depends on whether or not this gun has be willed to someone legally, if so, everyone is wrong

 

 

...providing he does not take possession of it until dear old dad is g-o-n-e.

 

He said it was recently given to him by his father, nothing indicated it was inherited from his father...

 

That said:

 

2C:58-3 Purchase of firearms.

 

j. Firearms passing to heirs or legatees. Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such firearm does not qualify to possess or carry it, he may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.

 

For the moment, let's assume neither is true and he was given the firearm illegally in 1975. Is there a statute of limitations on something like that?

I believe the statute of limitations is 5 years.

 

I heard about a ruling on this last year, and the judge said since the law is absent on a statute of limitations on illegal gun sales by default it would be 5 years, like any other crime where no S of L is specified.

 

Maybe someone with better legal expertise can clarify.

For curiosity sake...If he remembered dad giving it to him 6 years ago is there a way to register a gun you happen to have?

For curiosity sake...If he remembered dad giving it to him 6 years ago is there a way to register a gun you happen to have?

That's a good question, but we would still need to make sure the 5 year S of L is in fact the law.

My friends Dad died and the will didn't state that "he" gets the guns. I'm sure that then the guns become Mom's because that's the general language for all of his possessions. I think that ONE COE with a list of the guns for the transfer is ok per my local police dept. One question though, I know his Dad had a few handguns from his Dad's Dad that are unregistered. Will that COE then get them legal? What if he didn't register/tranfer "officially" those "OLD" guns from Great-Grandpa? Can he get into trouble?

My friends Dad died and the will didn't state that "he" gets the guns. I'm sure that then the guns become Mom's because that's the general language for all of his possessions. I think that ONE COE with a list of the guns for the transfer is ok per my local police dept. One question though, I know his Dad had a few handguns from his Dad's Dad that are unregistered. Will that COE then get them legal? What if he didn't register/tranfer "officially" those "OLD" guns from Great-Grandpa? Can he get into trouble?

 

Mom inherited the guns, he needs pistol permits for the hanguns. One for each gun. Who is going to get into trouble for not officially registering those old guns? The persons who potentially committed the crime are dead. When he uses the PP, the guns will now be registered to someone. That's good enough. No he cannot get into trouble. The guns could have come from many different sources and not have been registered in the state before.

I believe the statute of limitations is 5 years.

 

I heard about a ruling on this last year, and the judge said since the law is absent on a statute of limitations on illegal gun sales by default it would be 5 years, like any other crime where no S of L is specified.

 

Maybe someone with better legal expertise can clarify.

 

That would be interesting. Everyone's defense would be "It was 10 years ago".

 

Also, it would have to be proven that the gun was illegally transferred to someone. If the cops find a person with any handgun, and provided they are not a prohibited person, and following the rules within the exemptions... how can they prove that the person had the gun originally transferred to them in the past illegally?

 

To my knowledge , there is no law that mandates showing permit paperwork, or that a person can only posses a handgun that was "voluntarily registered" (crock of crap) as part of the Pistol Permit system.