Having my son in the military gives him duel residency in NJ & NC. Say he buys a rifle in NC and then later decides he wanted to sell it. If I'm down there visiting could I buy it from him being he's a NJ resident which allows FTF long gun transfers or does us being in NC negate that? Putting aside the option of him coming up here with it as that rarely happens.

I don't see anywhere that the transfer must take place inside of NJ, just that you both are NJ residents.

 

I say fill out a COE and you're good to go. Maybe there is a federal law? I've never heard of one, but I've never thought of that particular transfer circumstance before.

I think a face to face sale is good to go. As long as you have your FID and Certificate of Eligibility (SP-634). If he were to ship it to you how ever, it would need to go through an FFL. But I'm not a lawyer, and I didn't spend a night in a Holiday Inn Express, so I'm not completely sure.

Ok, I called ATF and after the typicall run around I was able to talk to someone who actually understood what I was asking. She said she was stumped, it was a new one(question) and she is a "by the book" person and was going to research it, talk to some "higher-ups" and get back to me, even gave me her cell # in case we play phone tag. Also said it may be a few days.

 

 

ETA- received answer from ATF. In short, its a no-go.The transfer must happen in NJ, not out of state.I also called the NJSP firearms div and they confirmed it. :/

What if you assume he is not an NJ resident at the time, but is an NC resident? I'm assuming he is buying in NC as an NC resident, and not an NJ resident buying in NC. That makes the question can you legally buy a gun FTF in NC from an NC resident as an NJ resident. I didn't think that long guns had the same restrictions about the transfers occuring between residents.

At times, figuring out US Federal and State firearm regulations and rules are worse than time-travel paradox puzzles.

 

I'd like to see the regs/statutes that the ATF and NJSP used to come to their conclusions.

What if you assume he is not an NJ resident at the time, but is an NC resident? I'm assuming he is buying in NC as an NC resident, and not an NJ resident buying in NC. That makes the question can you legally buy a gun FTF in NC from an NC resident as an NJ resident. I didn't think that long guns had the same restrictions about the transfers occuring between residents.

 

That is incorrect. A long gun purchased by a NJ resident from an out-of-state resident must be transferred. See here:

 

http://njgunforums.c...to-nj-resident/

 

"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

........(3) Out-of-state dealer = NICS check with a FPID, COE and Photo ID

........(4) Out-of-state resident = must be transferred through

............a. NJ dealer = NICS check with a FPID, COE and Photo ID or

............b. Out-of-state dealer = NICS check with a FPID, COE and Photo ID"

At times, figuring out US Federal and State firearm regulations and rules are worse than time-travel paradox puzzles.

 

I'd like to see the regs/statutes that the ATF and NJSP used to come to their conclusions.

 

 

All I can do is reference you to what the 2 topics ref'd me to.Go to the main ATF web page-

1) top of page see laws/rules/regs

go to rules and look for 2010-6(State of residence)

2)top of page see industry

go to firearms & frequently asked questions, read un-liscensed persons.

 

my head was spinning by then so i could of read Cindarella and believed it by then.Anyway the two Authoritys gave me their ruling so thats that.

He's a dual resident (NJ and NC) if he has his FID shouldn't he be able to transfer the gun legally? I know it makes to much sense, and is therefore wrong, but just spit balling here.

He's a dual resident (NJ and NC) if he has his FID shouldn't he be able to transfer the gun legally? I know it makes to much sense, and is therefore wrong, but just spit balling here.

 

I would say no, because when the son is physically in NC he is considered a resident of NC under ATF rules (which is what allows him to purchase guns there in the first place). Not until the son is physically back in NJ is he then considered a NJ resident again under ATF rules.

 

Now if two people were residents of only one state but were both physically in a different state, I could see an argument to made that the transfer would be legal provided there isn't a specific ATF or state rule against it.