I've got a quick question, or more of a verification....

 

A friend of mine inherited a 22 rifle and he wants to take it to the range... looking at the NJ laws I've found the following

 

13:54-1.13 Firearms passing to heirs or legatees

(a) Notwithstanding the provisions of this subchapter concerning the acquisition of a firearm, a permit to purchase a

handgun or a firearms purchaser identification card shall not be required of an heir or legatee for the passing of a firearm,

upon the death of its owner. A person so acquiring ownership may retain the firearm if he or she meets the requirements

of N.J.A.C. 13:54-1.5 and 1.6.

 

 

Reading this I believe that he doesn't need an FID to own this gun or take it to the range (provided he legally carries it, locked unloaded ext)

 

 

am I correct here.

 

I don't want to give the wrong advice..

 

I've already told him he should actually get it anyways, purchase another firearm later on in life or something else but for now is he okay to go to the range?

 

Thanks

 

Rob

did he get it legally by will? or an assumed inheritance?

 

Ie... both mom and dad passed away and he is the next in line.... or he was left the rifle in the will?

I think it was more of an assumed deal... if anything I think in legal order it would have gone down to his mother if anything but she was uninterested and passed them to my friend and his brother ... I do see where your going with this... safer than sorry

The transfer from dad to mom does not require FID... as all his assets went to mom.

 

She is the legal owner, unless she legally disclaimed the assets.

 

In which case it would go to next in line.

 

Lets say she did not disclaim. She then sells it/transfers it. Whomever takes it, required FID and COE forms as any other transfer.

I think it was more of an assumed deal... if anything I think in legal order it would have gone down to his mother if anything but she was uninterested and passed them to my friend and his brother ... I do see where your going with this... safer than sorry

 

If he is not specifically named in the will, the firearm goes to his mother. Just because she is uninterested, does not mean he can then take possession. He needs an FID and will need to fill out a COE in order to transfer the gun from his mother to himself.

Noted... Good point... it's all in the details..

 

 

thanks for your help

Strictly legally speaking, the above posters are correct. It isn't exactly an inheritance, per NJ law. So it isn't his firearm.

 

Is he okay to take it to the range? With his mother he is, yes. Without her, legally, he is not. Could he do so and be fine? Yes, the odds are in his favor, and by a fairly large margin. I will caveat that by saying I am not suggesting he do anything illegal. Just answering the question

Thanks for all the replies... I think saver then sorry is better in this case... God knows NJ would love to make an example out of everybody and anybody they can

Could he do so and be fine? Yes, the odds are in his favor, and by a fairly large margin. I will caveat that by saying I am not suggesting he do anything illegal. Just answering the question

 

If you are not suggesting he break the law... why even bother to answer if the odds of him are getting caught or not? For someone new, it would be easy to read between the lines. Just saying, legally speaking of course.

People can imply things that are, or are not said all sorts of ways. It doesn't necessarily mean these implications are correct. I refer you to the following video as an example.

 

Unfortunatly I'm deployed over seas and the video is blocked but I'll check it out when I get home

 

Thanks again...

 

Any head way on NJ and 2nd amendment rights?

Any head way on NJ and 2nd amendment rights?

 

 

 

 

 

 

 

 

 

On a side note, thanks for serving!

The mother could claim that the father wanted the guns to go to the son, which may very well have been the case, but it would probably be more trouble to get lawyers involved with a will then just having him get an FPID.

Needs to be in the will.