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Possibly stick situation after moving to NY

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So let's pretend I moved out of nj and I legally owned a pistol. IF I moved to NY and don't have a permit there yet and my pistol is still at my old residence in NJ, can I legally sell or trade my pistol? I now have traded my NJ drivers license for a NY one but haven't changed my address through the post office yet. Even if I wanted to bring my pistol to an FFL to hold, am I still legally allowed to transport it?

You situation is a bit more complex than the norm. My advice is to speak directly to a NY FFL and/or your local police department rather than a public forum to get accurate information.

 

That is unless you are a...

 

Narc-01.png

 

:keeporder:

Wherever the gun is in Jersey it would be best if nobody else had access to it. Such as locked in a lockbox or gun safe with only you having the combo. Otherwise it could seem like a transfer occurred. Problem is, you can't legally possess the gun where you are keeping it under Jersey law because it is no longer your residence.

 

You will be selling the gun at an FFL in the state the purchaser resides. I'm assuming that selling it in NY would be a bad idea.

 

I am not a lawyer.

So let's pretend I moved out of nj and I legally owned a pistol. IF I moved to NY and don't have a permit there yet and my pistol is still at my old residence in NJ, can I legally sell or trade my pistol? I now have traded my NJ drivers license for a NY one but haven't changed my address through the post office yet. Even if I wanted to bring my pistol to an FFL to hold, am I still legally allowed to transport it?

So let's see if I have this correct, shall we?

 

If your pistol is still at your old residence (Mommy and Daddy's House) and you're still getting mail at your old residence (Mommy and Daddy's, Sister's, Girlfriends, former Room-mate's, et-al), you can legally (IMHO) transport your pistol to a NJ FFL to make the transfer, sale or consignment, PROVIDED, you aren't a Prohibited Person, DV Abuser, out on Parole, or in any way, shape or form some type of Person whom it is illegal for you to handle/transport/carry/use a firearm.  Out of state residents while transiting NJ can legally transport firearms DIRECTLY to ALL EXEMPT LOCATIONS in the statutes, including attending Matches at local NJ Rifle and Pistol Clubs, or to a Gunsmith or FFL to be booked-in for sale, repair or consignment.  You, as an admitted out-of-state resident can not sell your pistol to Mr. XXXX (a NJ resident) across the surface of your former kitchen table.  YOU Sir, must go through a FFL to sell your Pistol to a NJ resident.  This is FEDERAL LAW.

 

Since you didn't specifically state (while playing Pretend) that you wished to pick-up your pistol and transport it yourself over the state line to New York for a sale to a NY resident, I must therefore assume my above scenario is what you meant to accomplish??  If you ARE attempting to sell said pistol to a NY state resident, have your NJ FFL send it to a NY FFL near the Buyer's house or apartment.  The NY FFL will do the necessary legal paperwork and NICS check prior to releasing the pistol to the Buyer.

 

Thanks for the opportunity of "playing Pretend".

  • Author

Thanks all for the advice. As was mentioned, I'd probably drop it off at my NJ FFL and make a call to the local LE agency to confirm that I won't be put in prison for 7 years.

 

Smokin', that's interesting that out of state residents can travel in NJ at all with a pistol, albeit to exempt locations.

 

On a side note, does that mean I can drive to an NJ pistol range with my own gun once I get my NY permit?

 

Thanks all.

That's his polite was for saying DONT CALL THE F'N COPS FOR ANY REASON WHATSOEVER

I'd personally drive to NJ. Pick it up. And then drive to that place in Hanover that stores firearms and have them hold it for you. Get your NY permit and when the paperwork comes through have Hanover send it to a NY FFL

1.  NEVER call the Cops.  Their brains aren't wired to give technical answers.  Even the Firearms Unit makes mistakes from time-to-time.

 

2. Firearms Support and Storage will hold the gun(s) for you.  But then any FFL can ship them to another FFL in New York, and you do the paperwork at point of pick-up.

I'd personally drive to NJ. Pick it up. And then drive to that place in Hanover that stores firearms and have them hold it for you. Get your NY permit and when the paperwork comes through have Hanover send it to a NY FFL

This^^^

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