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Out of state pistol purchases

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I was wondering how this would work. Say you were on a road trip and drove to a state like Texas, walked into a shop that sells guns (gun shop, pawn shop, hardware store, etc.) paid cash and purchased a pistol. Would NICS catch that you were an NJ resident and tell the shop not to let you leave with the gun? Would they not say anything, you leave with the pistol, then NICS tells NJSP then your busted? Would no one say anything at all and as long as you walk the straight narrow line in NJ, no one would know you purchased out of state?

 

I'm thinking any bigger chains of stores would know to raise a flag for a NJ resident, but what about the little shop located in the middle of no where in some tiny town?

 

Please understand this is only a question out of curiosity. I have not tried to do this, do not plan to do this, and I'm not saying it's ok to break NJ law by doing this!

I'm not sure any gunshop would sell you a gun without looking at your license or other gov't ID. In that case they'd likely arrange a FFL xfer for you and let the receiving dealer deal with NICS.

You cannot take delivery of a handgun in a state where you do not have a residence(or permanent military duty station). Every FFL knows this. You can buy it there, but you'd be required to ship it back to NJ to pick it up.

  • Author

You cannot take delivery of a handgun in a state where you do not have a residence(or permanent military duty station). Every FFL knows this. You can buy it there, but you'd be required to ship it back to NJ to pick it up.

 

I thought that was the case, but a "coffee break conversation" yesterday led to a debate being that most states outside of PRNJ only require a DL for purchase, so any DL would work.

You cannot take delivery of a handgun in a state where you do not have a residence(or permanent military duty station). Every FFL knows this. You can buy it there, but you'd be required to ship it back to NJ to pick it up.

 

Agree it is a federal law

 

 

I thought that was the case, but a "coffee break conversation" yesterday led to a debate being that most states outside of PRNJ only require a DL for purchase, so any DL would work.

 

It would have to be a dl or other id from the state where the shop is in the case of a handgun.

If you're going to go through the effort of obtaining a DL from another state, and then going there just to buy guns, you might as well move there. You'll be a lot happier that way.

 

ETA: Though, if you are looking to do that kind of thing, I recommend South Dakota. http://mydakotaaddress.com/

  • Author

If you're going to go through the effort of obtaining a DL from another state, and then going there just to buy guns, you might as well move there. You'll be a lot happier that way.

 

ETA: Though, if you are looking to do that kind of thing, I recommend South Dakota. http://mydakotaaddress.com/

 

I just looked at that web site for the heck of it. Something about it seems sneaky. I'm assuming the point of using that service is because you have retired and plan on traveling the country in an RV.

 

Wouldn't it be illegal to set up an address there but live in NJ or another state? It just seems to me that there are all kinds of legal issues if you own a home in NJ but register everything to a mail forwarding service in SD.

 

I do see many positive things about moving there tax wise.

If you read through the ATF guidelines on residency, one of the things they point out is that you have the intent to live someplace. Without intent, you don't hold residency.

Before the 1968 gun control act, it was possible to buy a pistol, rifle or shotgun out of state. When New Jersey enacted the FID gun control act in 1966, it was reported that dealers in neighboring states were setting up outdoor stands to sell to NJ residents looking to circumvent the FID law until the 68 GCA made that practice illegal.

 

It is possible to buy (and come back to NJ with) long guns in other states (bought through a FFL there) if both states approve of it, the NJ resident still needs the FID and eligibility certificate and the long gun has to be NJ legal.

I just looked at that web site for the heck of it. Something about it seems sneaky. I'm assuming the point of using that service is because you have retired and plan on traveling the country in an RV.

 

Wouldn't it be illegal to set up an address there but live in NJ or another state? It just seems to me that there are all kinds of legal issues if you own a home in NJ but register everything to a mail forwarding service in SD.

 

I do see many positive things about moving there tax wise.

 

You could own a house in NJ, but rent it out to someone else and you actually live in another state.

  • Author

You could own a house in NJ, but rent it out to someone else and you actually live in another state.

 

I'm aware of that. You can own homes in all 50 states and rent them out. I'm talking about physically living here in NJ and getting the SD "residency" to take advantage of lower tax rates, FID laws, cheaper car insurance. If it were legal, I don't think anyone in NJ would say they lived here!

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