Yesterday I posted about an incident that happened at my local PD, posted here...

 

http://njgunforums.c...misinformation/

 

So I started thinking that I may write to the detective involved and quote the relavent statutes (or just send him a link to these posts). I can understand the detective's error because in looking up the statutes I thought maybe I was incorrect (it could happen ). If you only go as far as 2C:39-5, b or c, it states pretty unequivocally that you must have a FPID just to be in possession of a handgun or rifle. If you stop there that would be the understanding you would take away from the it. However, you have to look further into the statutes, specifically to 2C:39-6,f to find the exemption for transporting to or from a range.

 

OK, preaching to the choir here - hopefully we all know this.

 

While poking around in the statutes though, I had to wonder if this couple wasn't in violation of other laws, given the purpose of their desiring FPID's.

 

Their stated purpose was to transport air rifles to a youth organization's camp for use in marksmanship training. I see some potential problems with that - brought about by NJ's consideration of air rifles/spring powered BB or pellet guns as "firearms".

 

1) The couple are not the owners of the firearms, the organization is - couldn't find anything as far as transporting firearms not owned by the person(s) doing the transporting.

2) Temporary Transfer - actually two problems here: A) I'm assuming this camp is for children <18 YO, in which case a temporary transfer would not be legal; and, B) In the case of a TT, it says that the owner must be present or in close proximity for the duration of the loan. It specifically defines "owner" as a "natural person" not an organization. So even if A did not apply (maybe >18), B still would.

 

I am further assuming that the "range" at such a camp is not registered with the NJSP which might disallow any exemption based on shooting at or transporting to a "range". Also doubtful that the shooting instructors would be certified by any of the organizations recognized under the law, which leads to more legal quicksand.

 

I know a lot of this may sound like tinfoil hat time, but I'm wondering if that couple didn't have bigger worries than being misinformed about transport because of the draconian NJ Firearms Statutes. What say you?

 

Adios,

 

Pizza Bob

I hate that this is even a question we have to ask in this state. That said, I will let the legal types chime in and hope for the best.

Bob, Here's what I found...

 

Regarding the transfer of a firearm to persons under 21 and 18, take a look at 2C:58-6.1. The range would need to be at least approved by the municipality.

 

b.No person under the age of 18 years shall possess, carry, fire or use a firearm except as provided under paragraphs (1), (2), (3) and (4) of this subsection; and, unless authorized in connection with the performance of official duties under the provisions of N.J.S.2C:39-6, no person under the age of 21 years shall possess, carry, fire or use a handgun except under the following circumstances:

(1)In the actual presence or under the direct supervision of his father, mother or guardian, or some other person who holds a permit to carry a handgun or a firearms purchaser identification card, as the case may be; or

 

(2)For the purpose of military drill under the auspices of a legally recognized military organization and under competent supervision; or

 

(3)For the purpose of competition or target practice in and upon a firing range approved by the governing body of the municipality in which the range is located or the National Rifle Association and which is under competent supervision at the time of such supervision or target practice or instruction and training at any location; or

 

(4)For the purpose of hunting during the regularly designated hunting season, provided that he possesses a valid hunting license and has successfully completed a hunter's safety course taught by a qualified instructor or conservation officer and possesses a certificate indicating the successful completion of such a course.

 

Regarding transportation of said firearms, I do not anything in the statutes that indicates you need to prove that you are the owner of said firearms, only that you are transporting them under the exemptions indicated. The only issue at hand is how they came to posses the firearms in the first place without a FPID. We all know the two ways would be to move to NJ with them from another state, and inheritance.

 

Regarding the legal owner needing to be present for temporary transfers... 2C:58-3.2 "Temporary transfer of firearms for training purposes" does not have such a requirement. It does state the person transferring the gun needs to have some type of training certification.

 

b.A transfer of a firearm under this section may be made only if:

 

(1)the transfer is made upon a firearms range or, if the firearm is unloaded, in an area designated and appropriate for the training;

 

(2)the transfer is made during the sessions of the firearms course for the sole purpose of participating in the course;

 

(3)the transfer is made for not more than eight consecutive hours in any 24-hour period; and

 

(4)the transferred firearm is used and handled only in the actual presence and under the direct supervision of the instructor.

 

When it comes to air rifles, it gets more interesting as there is a Federal law dictating that states cannot classifly air guns as "firearms".