I recently helped a woman who lost her longtime boyfriend sell some of his rifles. I am ready to purchase a contender pistol from her but not sure of the legality. Should I have her join me at my FFL for the registration? Or can I just pay her and bring the pistol down along with my permit to the FFL? He had no other family around.

 

Thanks

Did she inherit the pistol? If so, you can do a private sale. You must have a permit to purchase.

IF she is the legal owner of the firearm (it has been willed to her by him), a private is all that is required.  If you have a Pistol Permit you would complete it as required. If she does not have a FID leave that space blank, it is perfectly legal to leave that space blank when the seller does not have a FID.  She must mail the copies to NJSP and the permit issuing authority as stated on the permit.  That is all that is required.  No need to involve a FFL is this process.

 

If she took possession of the firearms after his death without them being specifically willed to her, then another process is in place here best discussed candidly with a reputable firearms attorney licensed in NJ.

I do have a permit, and everything this guy owned was willed to her.. But not specifically mentioning the firearms. Would I do the same and mail copies of my pistol permit to NJSP and my local police? Pardon the questions but I have only ever purchased handguns from an FFL.

 

Thank you very much!

2C:58-3 Purchase of firearms.

j. Firearms passing to heirs or legatees. Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such firearm does not qualify to possess or carry it, he may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.

 

This section of code should allow you to reach a decision.