My friend's dad is on his last legs in Florida and only has another few months, he will be inheriting 2 rifles and 1 handgun. I advised him to get a FPID and have the guns specifically gifted to him in the will by adding a codicil rather than going to his mom.

 

Since it is out of state does it all have to go through a dealer to do the transfer.

I believe with the codicil naming him as the person receiving them they will legally be his but not 100% sure on this and other more in the know will be along any minute to confirm.

 

Harry

If they are 'willed" to him, he can put them in his car and drive home from Florida. They must remain in his possession all the time. If he flies to Fla and ships the guns, then he must go thru a ffl & the fid/permit process.

 

this info was given as advice only, I recommend checking with an attorney

If they are 'willed" to him, he can put them in his car and drive home from Florida. They must remain in his possession all the time. If he flies to Fla and ships the guns, then he must go thru a ffl & the fid/permit process.

 

this info was given as advice only, I recommend checking with an attorney

 

That would be great, can he fly home with them? He is getting the FID anyway to be safe.

That would be great, can he fly home with them? He is getting the FID anyway to be safe.

I do believe he can, but I would have him check with an attorney and/or NJSP

I recommend checking with an attorney

 

I laughed a bit at this part. It's a little ironic.

 

 

ETA: I don't even have a good guess to the answer of this question.

 

Edited further to add:

 

Ok, so I can't just make a smart-assed comment and walk away.

 

I looked a little.

 

The NRA-ILA website summary of Federal Firearms Laws says:

 

Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.

 

I'm 95% sure that NJ has a similar exemption (including an exemption from having to obtain an FID or PPP or "registering" the transaction with Mother NJ).

 

I'm also 95% sure FL has a similar exemption.

 

So, I would assume that obtaining the firearms, personally, in FL, as a result of a bequest, would count as lawfully acquiring the firearms in another state, even if he's a NJ resident. Thus, transportation into and possession in NJ are also potentially lawful (assuming he abides by Fed. and NJ laws of transporting, etc).

 

He still needs an FID to purchase or acquire handgun ammunition in NJ, so might as well get an FID.

I laughed a bit at this part. It's a little ironic.

 

 

ETA: I don't even have a good guess to the answer of this question.

 

Edited further to add:

 

Ok, so I can't just make a smart-assed comment and walk away.

 

I looked a little.

 

The NRA-ILA website summary of Federal Firearms Laws says:

 

 

 

I'm 95% sure that NJ has a similar exemption (including an exemption from having to obtain an FID or PPP or "registering" the transaction with Mother NJ).

 

I'm also 95% sure FL has a similar exemption.

 

So, I would assume that obtaining the firearms, personally, in FL, as a result of a bequest, would count as lawfully acquiring the firearms in another state, even if he's a NJ resident. Thus, transportation into and possession in NJ are also potentially lawful (assuming he abides by Fed. and NJ laws of transporting, etc).

 

He still needs an FID to purchase or acquire handgun ammunition in NJ, so might as well get an FID.

 

Exactly right. If he inherited the guns, they are no different than if he owned them for 40 years. Follow the rules as if you own the guns and you will be fine. There are still assault weapon and magazine restrictions so the firearms must be NJ legal. There is no grandfathering or exemptions to those laws.

I laughed a bit at this part. It's a little ironic.

 

 

ETA: I don't even have a good guess to the answer of this question.

 

Edited further to add:

 

Ok, so I can't just make a smart-assed comment and walk away.

 

I looked a little.

 

The NRA-ILA website summary of Federal Firearms Laws says:

 

 

 

I'm 95% sure that NJ has a similar exemption (including an exemption from having to obtain an FID or PPP or "registering" the transaction with Mother NJ).

 

I'm also 95% sure FL has a similar exemption.

 

So, I would assume that obtaining the firearms, personally, in FL, as a result of a bequest, would count as lawfully acquiring the firearms in another state, even if he's a NJ resident. Thus, transportation into and possession in NJ are also potentially lawful (assuming he abides by Fed. and NJ laws of transporting, etc).

 

He still needs an FID to purchase or acquire handgun ammunition in NJ, so might as well get an FID.

 

Thanks guys, it is ironic, but when it comes to NJ gun laws I constantly 2nd guess myself. I am so used to go for the balls in matters that I am extra careful in gun matters because the state doesnt have any consistency. I actually thought about studying every case, every law and trying to make a living since there are so few gun attorneys but I would feel awful if I lost a case where so much was on the line and would take it VERY personally. I always seem to err on the side of caution.

Thanks guys, it is ironic, but when it comes to NJ gun laws I constantly 2nd guess myself. I am so used to go for the balls in matters that I am extra careful in gun matters because the state doesnt have any consistency. I actually thought about studying every case, every law and trying to make a living since there are so few gun attorneys but I would feel awful if I lost a case where so much was on the line and would take it VERY personally. I always seem to err on the side of caution.

 

I'm glad you didn't take my "irony" joke as an insult. Lawyers can't know everything about all laws.

 

I'm with you about 2A representation, it's VERY close to my heart.

That would be great, can he fly home with them? He is getting the FID anyway to be safe.

 

If they are legally his yes he could but he would be bound by the rule of the airline he is traveling on. I think many airline may restrict the number of firearms that you can transport so I would check on that before you used that option.

 

Also reading down the thread, why is it that I can own a gun and ship them via FedEx or UPS and not use a FFL, why would you not be able to ship them to yourself the day you fly, you would beat the package home, right, also probably cheaper than the check-in charges the airlines would change anyway.

 

Harry