Ok i was just told by an FFL that I can buy a long gun that is legal in NJ from a PA resident face to face instead of shipping to am FFL is this true?

I would just need to fill out the COE and that is it correct?

No, it is not true. But you can do the transfer at an FFL in either the seller's state (PA) or the buyer's stae (NJ). All laws apply - must have FPID and fill out 2 COE's.

 

Adios,

 

Pizza Bob

ok thats what i thought i dont know what this guy is talking about then.

On a related note, can you do a FTF transaction out of state, in PA for example, between two NJ residents?

On a related note, can you do a FTF transaction out of state, in PA for example, between two NJ residents?

 

That is an interesting question. I don't see how it could be a problem, so long as both NJ residents do as they would for a F2F in NJ, but also would need to make sure both can legally have the item while in PA. It would be the same if both were in NYC, but of course you'd both be arrested.

 

Then again, maybe there is something in federal law that would make this a problem.... Wouldn't make sense but maybe.

Edited January 2, 201313 yr by unclenunzie

On a related note, can you do a FTF transaction out of state, in PA for example, between two NJ residents?

 

yes//as long as both parties are residents of the same state and are not prohibited persons, it's not an issue..for Nj residents they still have to fill out the COE

On a related note, can you do a FTF transaction out of state, in PA for example, between two NJ residents?

I asked this question a month or two ago and no one seemed to have a solid answer. My best guess is that under federal law it is legal to do as a seller, but would be illegal as a buyer, except IF AND ONLY IF, they left the firearm in the state where the transaction took place. Let me know what you think...........

 

From Federal law 18 U.S.C. 922(a)(3) and (5), the important stuff is in red.

(a) It shall be unlawful -

(1) for any person -

(A) except a licensed importer, licensed manufacturer, or

licensed dealer, to engage in the business of importing,

manufacturing, or dealing in firearms, or in the course of such

business to ship, transport, or receive any firearm in

interstate or foreign commerce; or

(B) except a licensed importer or licensed manufacturer, to

engage in the business of importing or manufacturing

ammunition, or in the course of such business, to ship,

transport, or receive any ammunition in interstate or foreign

commerce;

(2) for any importer, manufacturer, dealer, or collector

licensed under the provisions of this chapter to ship or

transport in interstate or foreign commerce any firearm to any

person other than a licensed importer, licensed manufacturer,

licensed dealer, or licensed collector, except that -

(A) this paragraph and subsection (b)(3) shall not be held to

preclude a licensed importer, licensed manufacturer, licensed

dealer, or licensed collector from returning a firearm or

replacement firearm of the same kind and type to a person from

whom it was received; and this paragraph shall not be held to

preclude an individual from mailing a firearm owned in

compliance with Federal, State, and local law to a licensed

importer, licensed manufacturer, licensed dealer, or licensed

collector;

(B) this paragraph shall not be held to preclude a licensed

importer, licensed manufacturer, or licensed dealer from

depositing a firearm for conveyance in the mails to any

officer, employee, agent, or watchman who, pursuant to the

provisions of section 1715 of this title, is eligible to

receive through the mails pistols, revolvers, and other

firearms capable of being concealed on the person, for use in

connection with his official duty; and

© nothing in this paragraph shall be construed as applying

in any manner in the District of Columbia, the Commonwealth of

Puerto Rico, or any possession of the United States differently

than it would apply if the District of Columbia, the

Commonwealth of Puerto Rico, or the possession were in fact a

State of the United States;

(3) for any person, other than a licensed importer, licensed

manufacturer, licensed dealer, or licensed collector to transport

into or receive in the State where he resides (or if the person

is a corporation or other business entity, the State where it

maintains a place of business) any firearm purchased or otherwise

obtained by such person outside that State, except that this

paragraph (A) shall not preclude any person who lawfully acquires

a firearm by bequest or intestate succession in a State other

than his State of residence from transporting the firearm into or

receiving it in that State, if it is lawful for such person to

purchase or possess such firearm in that State, (B) shall not

apply to the transportation or receipt of a firearm obtained in

conformity with subsection (b)(3) of this section, and © shall

not apply to the transportation of any firearm acquired in any

State prior to the effective date of this chapter;

(4) for any person, other than a licensed importer, licensed

manufacturer, licensed dealer, or licensed collector, to

transport in interstate or foreign commerce any destructive

device, machinegun (as defined in section 5845 of the Internal

Revenue Code of 1986), short-barreled shotgun, or short-barreled

rifle, except as specifically authorized by the Attorney General

consistent with public safety and necessity;

(5) for any person (other than a licensed importer, licensed

manufacturer, licensed dealer, or licensed collector) to

transfer, sell, trade, give, transport, or deliver any firearm to

any person (other than a licensed importer, licensed

manufacturer, licensed dealer, or licensed collector) who the

transferor knows or has reasonable cause to believe does not

reside in (or if the person is a corporation or other business

entity, does not maintain a place of business in) the State in

which the transferor resides; except that this paragraph shall

not apply to (A) the transfer, transportation, or delivery of a

firearm made to carry out a bequest of a firearm to, or an

acquisition by intestate succession of a firearm by, a person who

is permitted to acquire or possess a firearm under the laws of

the State of his residence, and (B) the loan or rental of a

firearm to any person for temporary use for lawful sporting

purposes

yes//as long as both parties are residents of the same state and are not prohibited persons, it's not an issue..for Nj residents they still have to fill out the COE

 

But do they have to follow NJ law if the transfer is taking place outside of NJ? Hmmmmmm

But do they have to follow NJ law if the transfer is taking place outside of NJ? Hmmmmmm

I don't see why it would, Federal and that states laws only???