Lets say an out of state relative or freind is going away for 6 months or so and wants a NJ person to hold on to his shotgun for that duration for safe keeping, and "oh by the way feel free to take my shotty to the range".Nice, so we do a quick COE exchange and I have fun at the range for 6 months. He comes back and now of course wants his gun back.But- he does not have a NJ FPID card. Now of course we can just rip up the COE's,I give him back the gun and thats that- or is it? Did we just commit a crime by transferring a gun to someone without a NJ FPID card?

Lets say an out of state relative or freind is going away for 6 months or so and wants a NJ person to hold on to his shotgun for that duration for safe keeping, and "oh by the way feel free to take my shotty to the range".Nice, so we do a quick COE exchange and I have fun at the range for 6 months. He comes back and now of course wants his gun back.But- he does not have a NJ FPID card. Now of course we can just rip up the COE's,I give him back the gun and thats that- or is it? Did we just commit a crime by transferring a gun to someone without a NJ FPID card?

as far as I know..

to receive a firearm from someone in NJ you have to have a FID card

You committed the crime 6 months earlier by doing a out of state transfer without going through an ffl

Lets say an out of state relative or freind is going away for 6 months or so and wants a NJ person to hold on to his shotgun for that duration for safe keeping, and "oh by the way feel free to take my shotty to the range".Nice, so we do a quick COE exchange and I have fun at the range for 6 months. He comes back and now of course wants his gun back.But- he does not have a NJ FPID card. Now of course we can just rip up the COE's,I give him back the gun and thats that- or is it? Did we just commit a crime by transferring a gun to someone without a NJ FPID card?

 

 

If you hold a valid FID card, why would you/he even need to do a transfer or anything else. Can't you just hold the rifle as it was yours and return it when he returns?

You committed the crime 6 months earlier by doing a out of state transfer without going through an ffl

 

 

Sorry, let me be more specific- we swapped in NJ when he came here prior to leaving.

prior to leaving for a trip? or prior to moving to another state? im not a lawyer, but if he wasnt a NJ resident, it doesnt matter where the transaction took place. maybe someone more knowledgable could verify. and i believe this is a federal thing, not just a NJ thing

If the other guy was not a NJ resident, you taking possession of the firearm would be an unlawful transfer(indictable offense).

 

If the guy was a NJ resident, you were legal to take possession using a COE.

 

If the person is going away for 6 months, I hope it was a deployment, not an incarceration because if it's the latter rather than the former, he may have trouble ever taking legal possession.

 

If he does not have a FPID, he may not legally take possession of a firearm in NJ. No, you cannot just rip up the COE.

 

There is no loaning/borrowing of firearms in NJ(there are some caveats for under 18 hunters). It is either a temporary or permanent transfer with different rules applying to either case.

Sorry, let me be more specific- we swapped in NJ when he came here prior to leaving.

 

EDIT (lol) and he has duel residency -NJ & other state

then he needs an FID and you fill out a second COE to legally transfer it back.

Thats what I was afraid of. Guess I'm, SOL if I want to legally bring his sg to the range while he's deployed. Was hoping there was some loophole that because it was his originally (after 1st coe transfer) he could get it back w/o FID Unless- does anyone know of what the "temp transfer" is or is that still moot cause of him lacking the FID?

If you take possession while he is a NJ resident, all that is needed is a COE. He does not need an FID to transfer the shotgun to you, so long as he has NJ residency. In order for you to transfer the shotgun back to him, he needs to have an FID, or the transfer must be done through an FFL in his other state of residence.

 

With that being said, when he transfers the gun to you as a NJ resident, the only paper trail is the two copies of the COE, and if they were to disappear, there is no proof that any transfer ever took place....

 

This is purely hypothetical, of course.

Yes,that is purely hypothetical, of course.

If the other guy was not a NJ resident, you taking possession of the firearm would be an unlawful transfer(indictable offense).

 

If the guy was a NJ resident, you were legal to take possession using a COE.

 

If the person is going away for 6 months, I hope it was a deployment, not an incarceration because if it's the latter rather than the former, he may have trouble ever taking legal possession.

 

If he does not have a FPID, he may not legally take possession of a firearm in NJ. No, you cannot just rip up the COE.

 

There is no loaning/borrowing of firearms in NJ(there are some caveats for under 18 hunters). It is either a temporary or permanent transfer with different rules applying to either case.

 

You can loan (temporary transfer) an adult a gun to go the range or to go hunting with you. 8 hour limit and you need to be present to supervise.

You can loan (temporary transfer) an adult a gun to go the range or to go hunting with you. 8 hour limit and you need to be present to supervise.

 

That is a temporary transfer. There is no loan/borrow language in the statutes when it comes to handing a gun to someone. It is either a temporary or permanent transfer and different rules apply to each situation. I was specifically talking about under 18 and hunting. A 14 year old may hunt without supervision but cannot own a gun yet, so they may have an unsupervised temporary transfer.

 

 

The youth hunting exception is this:

 

2C:58-6.1. Possession of firearms by minors; exceptions

14. a. No person under the age of 18 years shall purchase, barter or otherwise acquire a firearm and no person under the age of 21 years shall purchase, barter or otherwise acquire a handgun, unless the person is authorized to possess the handgun in connection with the performance of official duties under the provisions of N.J.S.2C:39-6.

 

....snip....

 

 

(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.