Hey everyone, this may be a repeat question, and if so someone please feel free to shut this down and point me to the thread. Of course this is purely a hypothetical question.

 

So let’s say someone bought a firearm for a family member, a parent who happened to be a LEO outside of NJ, and then later reacquired said firearm from the Executor of that parent’s estate, and moved back to NJ in the 80's with said firearm. Now assuming that they still have the receipt from when they originally purchased the gun, and don’t have a NJ FPID. Is there any way that that firearm could ever become legally registered or transferred to someone in NJ?

 

This was a discussion I had at work with a guy who knew a guy who's brother's cousin's friend "supposedly" "Legally" bough a revolver from a guy who pulled this move (you know one of those let me pull my boots up stories) but it happened to peak my interest and soon turned into a debate. It’s far beyond my memory, but if I am correct didn’t NJ start requiring handguns to be registered some time late 60's? And if my assumptions are correct the only way that could become a NJ legal gun is if that joker moved back to the state of origin and transferred it to NJ the right way.

 

1. Could one legally transfer a hand gun in such a manner seeing that technically the son who ended up selling it was the actual original owner since he bought it for his old man in a state that didn’t require any sort of transfer to his dad?

 

2. Obviously there was nothing illegal by inheriting the gun he bought his dad as a non NJ resident, but was it illegal for him to bring it to NJ with him when he moved back?

 

3. And could it be simply transferred to someone with a FID and P2P in NJ?

 

 

P.S. the story also goes along the lines of him being an A/F brat who’s parents were originally from NJ born in another country where dad was stationed and Dad retired as a SC resident until his death.

If the gun was not named in the will or part of the official estate then one could argue the gun was "on loan" to his father and now is returned to the rightful owner since the only paper trail begins and ends with the purchase receipt. If it was part of the estate documentation, then the son would have to follow inheritance laws for guns which in NJ is you take ownership as long as you are not a prohibited person in which case you'd have 180 days to get an FID or sell the gun.

 

If you legally inherit a gun while you are a non-NJ resident that would be the same thing as purchasing a gun as a non-NJ resident. Non NJ residents moving into NJ can bring their guns when they move to NJ. There is no need to register the gun.

Anselmo nailed it on the head.

Thanks Anselmo, That’s why I’m a member here always an education. I always thought there was a period like with the inheritance that if you take permanent residence in NJ with a handgun you had to register it with NJ within said time period. Thanks again for the clarification, you wouldn’t happen to know the specific statute or lack thereof that contains the provisions for out of state hand gun owners taking permanent residence in NJ.

Firearms laws are contained in Chapters 39 and 58 of NJ Criminal Code, Title 2C. 2C:39 deals with possession and exemptions, 2C:58 deals with licensing and permits.

Looks like i need to do some reading, now that i cant rest until I've confirmed it. I was just hoping that someone could outline the specific verbage.

Looks like i need to do some reading, now that i cant rest until I've confirmed it. I was just hoping that someone could outline the specific verbage.

 

The statutes are so interwoven it's very difficult to just "outline" something....it's a factor of how they are written. Essentially 2C:39 bans ALL Firearms for EVERY person, then goes on to list specific exemptions...what may sound like one thing as you read the title paragraph in the chapter can be twisted into 4 or 5 other meanings that end up almost the opposite, once you figure out how the exceptions run.