I've been reading over this case and find it interesting. However, the document I found on it http://www.constitution.org/2ll/bardwell/state_v_pelleteri.txt does not state what circumstances lead to the police recovering the Marlin rifle nor does it state how they recovered it.

"When the police recovered the gun from defendant's residence in December 1993" 

Does anyone here know if the PD used a COE record and warrant , was there a domestic issue that lead the police to seize his firearms etc...?

 

 

 

 

Link does not work for me.

 

The only COE "records" are with the seller and buyer, nothing goes to the NJSP or the local PD. There is no long gun registration (other than voluntary). How they found out he had it is really irrelevant to the case and its findings.

 

Adios,

 

Pizza Bob

If I remember correctly, it was a Domestic issue and he was compelled to open his safe for the LEOs.

In the back of the safe, with the factory hang tags still attached, unfired, was the Marlin 60 he had won in a shooting contest some years before the Florio ban. I recall that he knew it was there, but did not know it was now an assault weapon. The fact that he knew he had it was what screwed him.

If I remember correctly, it was a Domestic issue and he was compelled to open his safe for the LEOs.

In the back of the safe, with the factory hang tags still attached, unfired, was the Marlin 60 he had won in a shooting contest some years before the Florio ban. I recall that he knew it was there, but did not know it was now an assault weapon. The fact that he knew he had it was what screwed him.

Is there documentation somewhere that it was a domestic issue?

I have read the entire Appeals court decision in the past (as my blood pressure skyrocketed) so I know it's somewhere in the anals (sic) of NJ law archives online.

Link does not work for me.

 

The only COE "records" are with the seller and buyer, nothing goes to the NJSP or the local PD. There is no long gun registration (other than voluntary). How they found out he had it is really irrelevant to the case and its findings.

 

Adios,

 

Pizza Bob

Hi Bob,

 

Actually the way they found it could be very relevant to future cases and issues. I'm not trying to stir an argument however, I highly doubt that the NJSP does not know what long guns any firearms owners own, at least for in state purchases.  The NICS check goes through the NJSP and when a FFL or firearms store calls in the NICS check they do give the NJSP the info on the COE form. So what is stopping the NJSP from cataloging this in a DB the second the NICS check comes back?

 

Also, if I'm correct FFL's, firearms stores and private sellers are required to keep a copy of the COE for ever. So in theory and in practicality the NJSP could require all FFL's and firearms stores to give them a copy of the COE's to the NJSP if they decided to issue warrants for any previously legal firearms that are now illegal.

No firearm info is given during a NICS check. The COEs are retained with the dealer, then destroyed when giving up the business.

 

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No firearm info is given during a NICS check. The COEs are retained with the dealer, then destroyed when giving up the business.

 

Sent from my DROID4 using Tapatalk

 

No firearm info is given during a NICS check. The COEs are retained with the dealer, then destroyed when giving up the business.

 

Sent from my DROID4 using Tapatalk

Well, the last time I purchased a new firearm I clearly heard the guy at the store telling the person on the NICS/NJSP side the type of firearm and caliber and it was semi auto or not.

The only time specific gun info is given during a NICS check is if the buyer is using an exemption to buy multiple handguns. Other than that, the question asked is: "what type of firearm (long gun, handgun, or other)".

Thomas Cassidy, similar

 

http://www.sussexcountyjustice.com/guns.html

No firearm info is given during a NICS check. The COEs are retained with the dealer, then destroyed when giving up the business.

 

Sent from my DROID4 using Tapatalk

 

I seem to always recall long gun or handgun being stated. Which is enough to figure out you need to do a search for a now prohibited person. 

they need to know long gun or hand gun to make sure we are all in compliance with one gun a month.  The only thing my FFL has ever told nics about me is or what I purchasaed is "lomg gun" or "pistol"  no other info besides my FID number and name

Ken

 I highly doubt that the NJSP does not know what long guns any firearms owners own, at least for in state purchases.  The NICS check goes through the NJSP and when a FFL or firearms store calls in the NICS check they do give the NJSP the info on the COE form. So what is stopping the NJSP from cataloging this in a DB the second the NICS check comes back?

 

When you buy a long gun privately no information goes to the NJSP at all.  So they have no idea.

When you buy a long gun from an FFL, no information about the long gun is processed by NICS. 

 

How would they know?