2. Long gun purchases by

....A. NJ resident from

........(1) NJ dealer = NICS check with a FPID, COE and Photo ID

........(2) NJ resident = face to face with a FPID, COE with Photo ID suggested

 

In the drama that surrounds my life, I have another legal question that I think I know the answer to (thanks to NJGF) but was hoping for some clarification and reassurance of my line of thought. Here it goes:

 

My neighbor's son's house was broken into, his fiance was sleeping there alone. She woke up to the BG standing over her, she screamed, he ran out. Thankfully no assault on her or anything like that. Neighbor has several shotguns and wants the son to take one back to the house with him, but wants it to be legal in case anything happens again and there is a need for police investigation. I said son has to get FID then fill out COE. I showed him PK90s handly little flow chart and neighbor contends that he can transfer it to his son without the FID since that is for purchase, not gifting. Son wants it to be 100% legal but both he and the fiance want the gun there. Neighbor and I have a good friendship and I only got involved once he asked for my opinion.

 

I know this is not legal advice, that said, what say you oh wise gurus of NJ gun law?

FID required. You need a FID for purchase. The only time you don't need a FID is for an inheritance.

Thats my point of view, his is that as it is being gifted, not sold, from father to son, there is no need for FID. Anyone care to give a strong arguement for his side? I think its probably a case of letter and spirit of the law not exactly matching, but the intent is clear in my view.

neighbor contends that he can transfer it to his son without the FID since that is for purchase, not gifting.

 

He's wrong.

 

Son should apply for Purchaser ID ASAP.

 

In the meantime, I would suggest dad bring a shotgun over to the house and take up residence until son gets Purchaser ID. In that event, if dad was at work or had to go back to his wife's residence and someone tried to break in, the shotgun would be available to other residents of the home. Dad should bring over his pillow, toothbrush and a sheet for the couch, just to make it official.

Dad should bring over his pillow, toothbrush and a sheet for the couch, just to make it official.

 

Is that enough to appease the powers that be? Or is that a different hair being split? Son doesn't want any issues with legality so I will mention that to them, but I would love to hear more takes on all of this. I'm glad that, so far, I seem to be reading the law right. Thanks for the responses so far, please keep them coming.

That's splitting hairs. Have a bill sent to that address and have him change his address on his DL to that address.

That's splitting hairs. Have a bill sent to that address and have him change his address on his DL to that address.

 

If his father has a key and is actively staying there, that's a residence of his father. Changing his DL is unnecessary.

Talked to them a bit ago, son has the paperwork in his hand, and the Chief in his town is a good guy who actually issues permits in 30 or less days, from what I've been told by people with experience there. Thanks Malsua and Krdshrk for the help.

Thats my point of view, his is that as it is being gifted, not sold, from father to son, there is no need for FID. Anyone care to give a strong arguement for his side? I think its probably a case of letter and spirit of the law not exactly matching, but the intent is clear in my view.

 

It does not matter if it is gifted or sold. Ownership is being transferred from one person to another. FPID is required in NJ to own a long gun and purchase ammo.

I would estimate about 40% of all long guns in NJ are transferred without a COE, and about half of that without the acquirer having a FPID. How many parents here have bought their children a firearm for Christmas or for their Birthday?

I would estimate about 40% of all long guns in NJ are transferred without a COE, and about half of that without the acquirer having a FPID. How many parents here have bought their children a firearm for Christmas or for their Birthday?

 

All of this has me thinking, especially if your estimates are close, what happens if there is no COE? This is purely academic now, the son will wait until he has his FID before the transfer. I imagine if you can't prove ownership and have no FID its confiscation and criminal charges, with FID, confiscation for sure, at least until proof of ownership, but not necessarily charges if you can prove ownership. Although Krdshrk pointed out inheritance without FID was possible. That would be possible to verify, so there should be a paper trail. Even when I think I have a solid idea of the laws, there always seems to be more.

Just make sure through all this that they also work on making sure that if it happens again that they wake up and the guy doesn't have their new shotgun in his hands.

 

Sounds like a complete lack of security in that house.

She forgot to lock the back door. They now have an alarm with a klaxon horn. Only works if the dont forget that too, but I don't think that will be an issue anytime soon. Really rattled everyone.

She forgot to lock the back door. They now have an alarm with a klaxon horn. Only works if the dont forget that too, but I don't think that will be an issue anytime soon. Really rattled everyone.

 

Get a keypad in the bedroom for that alarm.