Hi all, 

 

A friend just recently purchased a home in Somerset County and found a couple of pistols and a rifle in the attic. From the description, it sounds like they might be WWII era (one of the pistols may be a Luger). I'm going to go eyeball everything this weekend to be sure they are cleared and safe but was curious if anyone could shed some light on two specific questions.

 

- Any rough idea on the legal ramifications of the homeowners taking possession of these firearms? Neither has an FPID.

 

- If they decided to sell any or all of the firearms, would they be required to go through any specific channels like an FFL? 

 

I understand some of this might constitute legal advice so I'll confirm any information offered but looking to see if anyone is familiar with this scenario. Thanks to anyone who can shed some light on this.

 

OOh..  Think you should contact the previous owners, if they have serial #s and list them as stolen that could be an issue..

Hi all, 

 

A friend just recently purchased a home in Somerset County and found a couple of pistols and a rifle in the attic. From the description, it sounds like they might be WWII era (one of the pistols may be a Luger). I'm going to go eyeball everything this weekend to be sure they are cleared and safe but was curious if anyone could shed some light on two specific questions.

 

- Any rough idea on the legal ramifications of the homeowners taking possession of these firearms? Neither has an FPID.

 

- If they decided to sell any or all of the firearms, would they be required to go through any specific channels like an FFL? 

 

I understand some of this might constitute legal advice so I'll confirm any information offered but looking to see if anyone is familiar with this scenario. Thanks to anyone who can shed some light on this.

 

Finders = Keepers

 

 

 

NOT

 

 

 

One can not acquire any firearms without a FPID or P2P, unless they fall under one of the exemptions, and "I found them" is not one.  Your public internet answer is "Turn them into the Police asap".

And if they did have not fid and p2p? Does it really change anything since there is no second party?

I'm not sure about firearms per se but generally speaking anything left in the house or on the property after the closing becomes the property of the new owner unless specified in contract. I've been through this with non-firearms and that is the law as explained to me by my lawyer. I would imagine the same goes for firearms you would just have to work out the legal transfer, ie possibly have an FFL or the police hold on to them while an FID and/or permit is obtained.

 

They should first reach out to the lawyer who helped them close, if they used one.

Have them be quite& talk to a lawyer, preferably one familiar with firearm laws. They may be of some value- do you want the cops to confiscate and get them lost or scrapped? Maybe they have a dark side to them....and I may suggest you wear gloves if you handle them to make safe and looking for any signs of defacement.

Practical answer: if they don't want to keep the guns, have a dealer come and get them and the dealer can sell or transfer the guns for them.

 

Sneaky answer: Do nothing and wait for five years; after then, the limitation period for any laws that might have been fractured by acquiring these guns in the manner that they were acquired (by purchase of the house) will have run out, and they can simply keep them.

 

Safe answer:  Call the police and have the police come grab the guns, and then apply for a FID card and purchase permits to get the guns back.

Once you figure out the situation, let me know what long guns they have. I have cash in hand.

Its my understanding that the cops don't "hold" anything. But this obviously is a different type of situation.

I'll take em.

Thanks for the responses so far. Most likely, I'll get a chance to ID these tomorrow and gather any pertinent information. The homeowners are not gun owners or enthusiasts but they understand the potential value.

 

For this reason, I'm trying to assist them in making sure they make the right choices legally first and foremost and then financially.

 

Will keep those interested updated in this thread.

Hi all, 

 

A friend just recently purchased a home in Somerset County and found a couple of pistols and a rifle in the attic....

Dayum. Stuff like this never happens to me.

If they are that old they might not have serial numbers.  Did they move from another state?  If so I think they legally acquired them there (no serial numbers) and can legally own them here with no paperwork    

 

If they have serial numbers that is a whole nother can of worms.

Can't wait to see how this turns out.

 

 

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Finders keepers!

They may have inherited them and just forgot.

Practical answer: if they don't want to keep the guns, have a dealer come and get them and the dealer can sell or transfer the guns for them.

 

Sneaky answer: Do nothing and wait for five years; after then, the limitation period for any laws that might have been fractured by acquiring these guns in the manner that they were acquired (by purchase of the house) will have run out, and they can simply keep them.

 

Safe answer:  Call the police and have the police come grab the guns, and then apply for a FID card and purchase permits to get the guns back.

The cops wouldn't be under any obligation to return the guns once they were surrendered.

IIRC, according to NJ law, found property must be returned to the owner, if known. If not claimed within 90 days, the finder can claim ownership. I am not sure if there is an exemption for firearms.

Dibs on any WWII 1911's....

IIRC, according to NJ law, found property must be returned to the owner, if known. If not claimed within 90 days, the finder can claim ownership. I am not sure if there is an exemption for firearms.

Yes, but wouldn't this be a different situation? He bought the house and the contents therein now belong to him, he didn't find them in the street or some public space. I understand about the need to have an FPID or PPP to legally acquire firearms in NJ, but this would almost seem like two different aspects in law are conflicting with each other.

I understand about the need to have an FPID or PPP to legally acquire firearms in NJ, but this would almost seem like two different aspects in law are conflicting with each other.

*insert snarky remark about nj law here*

Awesome!!!

If it was me, I'd just leave them in the house and not take them to the range, etc. Not! they belong to someone! However, how would you feel if you accidentally left your prize 1911 in your home, or your Grandpa's? Wouldn't you want it back? Or maybe the previous owner's kid stole them and left them there. Or, maybe the last three owners never knew they were there and they were put there by a vet returning.... What is the right thing to do? The only scenario I don't like is confiscation and either put in a cop's petsonal collection or sold for some type of gain. And you want to make sure you are the legal owner and have followed all gun laws. Call previous home owners and or check with an attorney. Do not transport them anywhere until you get legal advice.

 

This story sort of hits close to home.

I have watched property wars where vehicles left in the garage became the new owners property. Never heard of that before until watching that show. so maybe their is some substance to them being able to take possession..

 

Although if i forgot they were their and thought about it 6 months later and went back to retrieve them to find out they sold them i would be highly upset especially if that luger was a bring back by a family member..

 

Plus what would the ramifications be if they turn out stolen ? 

 

Might be hard thing to do by saying we found them in are attic, i mean what cop is going to believe that!! ?

Dayum. Stuff like this never happens to me.

 

Seriously!  Talk about stepping in it, huh?

The classy thing to do is contact the old owner and make sure they do not want them. If they don't, well, if I found them the less the PRNJ knows about them the better. I am going to go check out my attic now.

For those following, our schedules conflicted and I wasn't able to get over there yesterday. I might get a few pictures text to me in the meantime.

 

For those advocating the moral high ground with this, for the record, the homeowners discussed trying to reach out to the previous owners and make them aware of what they found. Lets not be too presumptuous. Regardless, the validity of the original two questions still stands and depending on the circumstances may still be relevant.

Thanks for the update.

 

 

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Anytime you find anything of value call the police to come and pick it up, youll be pleasantly suprised by the non emergency response time.

Any gun buy back coming up soon?

 

I keed, I keed..