I want to get some opinions on this scenario. "Joe" has duell state residency, NJ and wherever. Joe buys a hg out of NJ and is of course NJ legal. He is not currently in NJ but wants to send his hg to his NJ residence. He sends it via proper carrier with his name on the package,insured & signed adult receipt required. Since Joe is not in NJ are the other residents at NJ house breaking the law buy signing for the delivery and thus "taking possesion"?

 

ETA-Joe may not be back in NJ for weeks/months but doesnt want to miss out on a great deal that may come along and storing a HG is currently a pia.

Joe would be better off shipping to a Fedex or UPS office and haviing them hold it there until he returns to NJ. Perfectly legal and no one else is signing for a gun that does not belong to them.

Its perfectly fine to ship a handgun to yourself. People do it for vacations, hunting trips and out of state classes all the time. I have no idea about the dual state residency question.

I am going to FL next week and was thinking I may find a cx4 or ar cheaper than around here. I was going to ship it UPS and then pick it up there. I think that is legal for a long gun, but not sure with an HG.

Yes. Legal.

Federal law-wise you look ok provided you meet the residency requirements. If the package is addressed to you at your own home, and someone receives it.. they cannot open it. Again, this is federal laws here, and IANAL. I'm not sure how NJ would act.

 

http://www.atf.gov/f...f-state-firearm

 

 

 

Q: What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

 

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

 

Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

I am going to FL next week and was thinking I may find a cx4 or ar cheaper than around here. I was going to ship it UPS and then pick it up there. I think that is legal for a long gun, but not sure with an HG.

 

I thought the rule for buying long guns out of state only covered adjoining states (i.e. PA, DE, and NY). Handguns always have to be transferred through an FFL in your state if you are buying out of state, regardless of whether or not they are adjoining states, per Federal law.

Sorry, I re-read your original post. I thought you meant that you wanted to ship to Florida guns you bought here legally.

 

As for purchasing a gun, you may get a long gun in any state and have it shipped back here. The best solution for that scenario is to ship via UPS or Fedex and have it held at a NJ office closest to you. You can then pick it up in person legally.

 

BigHayden, I don't know that this is a Federal rule. I have been seeing different states loosen the rules about which other states their residents can buy from. I personally know folks that have bought guns from shops in New Hampshire. They had COE forms at the shop and had dealt with NJ purchasers before.