Hey guys,

 

Figured I'd get the general consensus of the community. A local FFL has the rifle I want in stock, a Henry Octagon Pump and said that I could put a deposit on it and they will hold it for me indefinately. The curve ball is I am still waiting on my initial FPID card, they know this, and are willing to put it on hold for me regardless.

 

My question: Is this legal? My uncertainty comes from the fact that some dealers won't even let you hold a gun unless you have a card.

 

Thanks,

 

Ray

Sure. However, if I were the retailer, I would stipulate that if you are denied your FPID, that your deposit would be non-refundable. And, actually if I were in that position, I'd require payment in full, or enough of a deposit to cover my cost. JMHO.

 

Adios,

 

Pizza Bob

Legal. You can even pay for it in full. You are not taking possession until the card comes in.

Thanks people.

 

Yeah, I will do a 50/50 or payment in full. The dealer seems nice and willing to work with me.

I don't think it is legal. You are purchasing/attempting to purchase a firearm in NJ WITHOUT a NJFID. Theoretically you are breaking the law. Now I am not saying that you WONT be legal when you get your card, but I believe the act of attempting to purchase without one is illegal. Putting a deposit down IS purchasing I believe...and I think your FFL is taking a big risk with his license. I may be wrong, but I wouldn't risk losing MY card over it.

I don't think it is legal. You are purchasing/attempting to purchase a firearm in NJ WITHOUT a NJFID. Theoretically you are breaking the law. Now I am not saying that you WONT be legal when you get your card, but I believe the act of attempting to purchase without one is illegal. Putting a deposit down IS purchasing I believe...and I think your FFL is taking a big risk with his license. I may be wrong, but I wouldn't risk losing MY card over it.

 

You are wrong. As a rule, if you are not sure about something, why don't you withhold giving your opinion out as advice?

Gun owners (and prospective ones) have enough hoops to jump through in this state without other gun owners making stuff up.

I'd love to contribute to a knowledge base or section of frequently asked questions. I typically search first but some times you have to dig and its not all that clear.

You are wrong. As a rule, if you are not sure about something, why don't you withhold giving your opinion out as advice?

Gun owners (and prospective ones) have enough hoops to jump through in this state without other gun owners making stuff up.

I don't want to start a pissing match, but your post comes off as a bit beligerant. I just got off the phone with the NJSP Firearms unit. They told me that there ARE circumstances where you can be arrested for ATTEMPTING to purchase a firearm without a card. If it turns out that you are ineligible for a card, you CAN be arrested for trying to purchase a firearm. I only posted what I thought was my interpretation of the law.

I don't want to start a pissing match, but your post comes off as a bit beligerant. I only posted what I thought was my interpretation of the law.

 

As well it should have been, for the reason stated. Your interpretation of the law, would suppose that you actually read it, which you obviously did not. Until he takes actual possession, there is no actionable transaction. Lots of dealers will hold firearms for you until permits / FPID's are obtained.

 

Don't mean to be harsh - just that we have enough to go through in this state without someone disseminating misinformation.

 

Adios,

 

Pizza Bob

I don't want to start a pissing match, but your post comes off as a bit beligerant. I just got off the phone with the NJSP Firearms unit. They told me that there ARE circumstances where you can be arrested for ATTEMPTING to purchase a firearm without a card. If it turns out that you are ineligible for a card, you CAN be arrested for trying to purchase a firearm. I only posted what I thought was my interpretation of the law.

 

I suppose it did, and I am sorry if I offended you. I see that you are a new member here. I am a long time member, and it pains me to see us acting as our own worst enemy. I stand by my recommendation though. With gun laws as inscrutable and byzantine as they are in this state, the best course of action is to listen to those who have navigated the waters for a long time. It is also useful to actually read, word-for-word, the actual statutes regarding guns. Oftentimes, the "Common Wisdom" regarding guns is wrong. Doubly so if it came from a gun store employee. You would not believe some of the things people here have been told at various stores.

There's no purchase unless someone takes possession.

I suppose it did, and I am sorry if I offended you. I see that you are a new member here. I am a long time member, and it pains me to see us acting as our own worst enemy. I stand by my recommendation though. With gun laws as inscrutable and byzantine as they are in this state, the best course of action is to listen to those who have navigated the waters for a long time. It is also useful to actually read, word-for-word, the actual statutes regarding guns. Oftentimes, the "Common Wisdom" regarding guns is wrong. Doubly so if it came from a gun store employee. You would not believe some of the things people here have been told at various stores.

I understand. I was just trying to point out that there ARE ways to get arrested for doing it...not saying that the OP is inelegible. At 53 yrs old, I have read that 2c code a few hundred times and it does amaze me what you can find in there.

I understand. I was just trying to point out that there ARE ways to get arrested for doing it...not saying that the OP is inelegible. At 53 yrs old, I have read that 2c code a few hundred times and it does amaze me what you can find in there.

 

There is no way you can get arrested for something you never took possession of, never owned it or anything.

 

 

Sent from my iPad using Tapatalk

I actually did this with a revolver back in November. Paid in full (including the $15 for NICS), dealer held it until I had an FID and P2P ready in January. When everything came in, I went over and got the NICS paperwork filled out so they could send the background check, and within a week I was good to go. Perfectly legal. Like mentioned above, the sale date on my P2P was the day I took possession, not the day I paid for the gun. It technically wasn't mine until that paperwork came back and I was legally able to take it home with me.

 

Oh, and they wouldn't let me hold the gun without an FID either. Good luck!

Thats how I did it. Paid in full, went back ordered something else paid in full bingo bango 2 months after I paid, signed the nics papers waited 2 days got my gats. lol Its better to preorder anyway in most case lol.

I understand. I was just trying to point out that there ARE ways to get arrested for doing it...not saying that the OP is inelegible. At 53 yrs old, I have read that 2c code a few hundred times and it does amaze me what you can find in there.

 

Please quote the law that addresses deposits for guns... As others have stated FID card is a stipulation of the sale... He is not attempting to buy without FID... In fact it is the total opposite...

 

I am just curious what led you to believe a deposit could be a violation of the law... Even if he is prohibited the background check will catch that and no sale will be made...

 

It's legal. I'm doing the same exact thing while I wait for my initial FID.

So what tunaman is saying is that i can't even recieve a gun as a gift? My mom, dad or brother who don't have an fid cant pay for a gun that i fill out the paperwork for? Guess i should go turn in my Enfield and Garand... (facepalm)