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Creative way around transfer law

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Hello everyone don't know if this was already discussed but i did a search and was not able to find anything like this. So my brother (by blood) is looking at getting an AR15, i already have one but don't have the time to go to the range with him to shoot it first and see how he likes it. I know according to the transfer law i can only transfer it for no more then 8 hours and he can not take it to the range during that time. We both have our FPID what is stopping us from me selling it to him for a few days and then him selling it back to me. Obviously we will both fill out COE's for both sales but is this a legit way around it granted its only for long guns but still better then nothing.

I could be wrong, but I don't recall that the temporary possession rule applies to long guns like like it does for handguns.

 

I'm not motivated enough to read back through the laws, but my recolection was that as long as you held an FID you could legally transport and be in possession of a long gun to and from the range. Ownership isn't an issue, and once on the range, ownerhsip also isn't an issue. Again, my recollection, and I could be wrong.

 

If I were you I'd read through the law again only this time looking for where it specifically refers to temporary possetion of long guns.

 

With that said, I'm not aware of any specific requirment to file or even keep a copy of a COE, so in my view, (again-might be wrong) all you both need are FID's and you are OK.

 

***edit...on further recollection doesn't the temporary possession rule with long guns apply for hunting and minors?

COE is for TRANSFERRING a long arm, not SELLING one. Money doesn't have to change hands.

What? You cannot lend someone a handgun for more than 8 hours? I am not familiar with that law but I often lend guns to family and friends for them to shoot for a few weeks and then return them to me. In fact when I lived in Texas, this method saved me a lot of money. Instead of each member of our inner circle buying the same gun, we would each buy one of the guns on our joint list and then rotate them around the group for the cost of one gun we got to play with all of them. We often ended up swapping guns with each other.

What? You cannot lend someone a handgun for more than 8 hours? I am not familiar with that law but I often lend guns to family and friends for them to shoot for a few weeks and then return them to me. In fact when I lived in Texas, this method saved me a lot of money. Instead of each member of our inner circle buying the same gun, we would each buy one of the guns on our joint list and then rotate them around the group for the cost of one gun we got to play with all of them. We often ended up swapping guns with each other.

 

In NJ, you cannot lend a handgun to anyone unless you are physically there with them.

What? You cannot lend someone a handgun for more than 8 hours? I am not familiar with that law but I often lend guns to family and friends for them to shoot for a few weeks and then return them to me. In fact when I lived in Texas,

You're not in Texas anymore son.... lol

 

As I recall you can "lend" a handgun but that in actually means "let them use" provided you are esentially within visual sight (I think the definition in the law said something to the effect of "communciation and visual sight" of the person who is in possession of your pistol.

 

I'm very confident, again, haven't read teh specific law, that you CANNOT lend someone your pistol and let them take possession if you are not present.

This is NJ, we gonna lock dis here tread before you gets youself all messed up by saying stupid ish on the interwebs.

In NJ, you cannot lend a handgun to anyone unless you are physically there with them.

+1 This!

Well, you could *sell* it to him for $0 by filling out the COE. When he comes back, he sells it back to you by filling out another COE.

 

As long as he has an FID, you are good.

Well, you could *sell* it to him for $0 by filling out the COE. When he comes back, he sells it back to you by filling out another COE.

 

As long as he has an FID, you are good.

 

Only for long guns.

Here is what i am talking about it http://law.onecle.co...ice/58-3.1.html it states the transfer can only be for 8 hours and if its at at range the transfer-er must be present.

Yup.

 

The rub is that NJ doesn't require proof of ownership and long guns aren't subject to a permitting process, so if you are looking to strictly follow the law, then complete a COE when you want to transfer the gun to your brother, and have him give you one when he wants to transfer it back to you.

 

I'm not advocating breaking any laws, but when it comes to long guns, there is no enforceable or required chain of ownership. As long as the person possessing the firearm has an FID and is otherwise transporting the gun properly, I can't envision an issue. Handguns are a different story.

 

So, use the law to your advantage...exchange COE's when you want to transfer and you are good to go.

You need to read the ENTIRE STATUTE.....

 

"...IF the transfer is made upon a firing range operated by a licensed dealer, by a law enforcement agency, a legally recognized military organization or a rifle or pistol club which has filed a copy of its charter with the superintendent and annually submits to the superintendent a list of its members and if the firearm is received, possessed, carried and used for the sole purpose of target practice, trap or skeet shooting, or competition upon that firing range or instruction and training at any location."

 

This transfer rule applies only in these places... NOWHERE else.

 

And yes you can fill out COE's as many times you want to transfer it back and forth..

I mean, as long as he has an FID and you lend it to him, who is really going to know the difference. Long guns are not registered.

 

I am not saying to break the law but it's not like you're committing a capital crime... err well maybe you are.

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