Out of the blue today I get a phone call from an old friend. The news weren't good. Her husband tried to commit suicide and wound up in a mental institution. Supposedly before he gets released she has to signs a statement that there is no guns in the house. Her husband has a handgun and she determined that it is not in anybodys interest to keep it around.

 

She asked me if I wanted to buy it but I don't currently have an open purchase permit.

 

What are her options? Any advice?

consignment at a local shop

Some FFLs will hold for you until Permits come up.

sell it

I'm going to call my local FFL tomorrow and see if he will hold on to it for me.

Assuming her husband has an FPID, and the gun was purchased in NJ under a P2P, she doesn't have any options not being the owner.

There is that new business (I think in Randolph?) that advertised in last month's ANJRPC newsletter. They will store your guns for you, or you can transfer them to you and they will hold them if you have legal problems, then transfer back. Ad claimed that they had support from NJSP, etc. Might be a good place to store a gun.

Out of the blue today I get a phone call from an old friend. The news weren't good. Her husband tried to commit suicide and wound up in a mental institution. Supposedly before he gets released she has to signs a statement that there is no guns in the house.

 

Under what statutory authority do they have the right to do this in the first place? Is there actually an NJ law that says if somebody is released from mental care that nobody in the house is allowed to own firearms?

 

 

Under what statutory authority do they have the right to do this in the first place? Is there actually an NJ law that says if somebody is released from mental care that nobody in the house is allowed to own firearms?

I dont know if there is a law but She said that its part of the release process. I'm just stating what I've been told.

Under what statutory authority do they have the right to do this in the first place? Is there actually an NJ law that says if somebody is released from mental care that nobody in the house is allowed to own firearms?

 

I don't believe there is any such standing. If there were, they wouldn't have allowed a couple of the proposed NJ Bills to proceed past review. There is one Bill in particular, A3754 for this Session, to deal with this very circumstance.

 

I'm not saying it's not a good idea to keep a handgun away from someone with suicidal tendencies, but what I am saying is that as the wife and the way NJ laws are currently written she doesn't have the authority to remove it.

I don't believe there is any such standing. If there were, they wouldn't have allowed a couple of the proposed NJ Bills to proceed past review. There is one Bill in particular, A3754 for this Session, to deal with this very circumstance.

 

I'm not saying it's not a good idea to keep a handgun away from someone with suicidal tendencies, but what I am saying is that as the wife and the way NJ laws are currently written she doesn't have the authority to remove it.

Would she be able to sell it based on power of attorney laws?

Would she be able to sell it based on power of attorney laws?

 

Only a NJ lawyer familiar can answer this for her. I've lived in several different States, and can speak factually that with regards to firearms it widely varies. California is an easy example for me - you have a power of attorney for medical care and then would need a seperate power of attorney to deal with firearms. She needs to consult legal advice.