NJ Legal Question - Father to Son Firearm Transfer - Cannot find answer!
Phoenix_III
August 21, 2005, 09:52 PM
I researched this before and found my answer, but now [a few years later] I cannot find the statutes.
I believe it is legal for a direct relative (parent in this case) to give their child (21yrs+ in this case) a firearm as a gift without paperwork. This applies to pistols too if they are over X age (I think it's 18, but since in this case the son is 22, not an issue).
I've checked NRA-ILA and some searches, no hits. If anyone has the answer off hand and the statute code, it would be appreciated.
I am currently trapped in NJ.
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geekWithA.45
August 21, 2005, 10:00 PM
NO GO ON HANDGUNS.
My current understanding is that there are no provisions for transfer of a handgun, without a pistol purchase permit, even husband to wife.
NJ residents with valid FIDS may transfer longarms to each other, but there is a specific form* that the purchaser MUST fill out and the seller MUST keep on file.
The only handgun transfers that don't need a PPP are those involved in inheritance, and the reciever must still be FID eligible.
{edited to add: }
Confirmed.
Evan Nappen's "Orange Book", page 133:
"There is no exception for giving a firearm to a family member. All NJ laws regarding transfer, reciept, and acquisition must still be obeyed..."
*The form is a "Certificate of Eligibility".
Theoretically, it establishes the eligibility of the person recieving the firearm, but in reality is used to maintain the paperwork trail. It is retained by the seller as proof of lawful disposition.
Phoenix_III
August 21, 2005, 10:36 PM
Ugh. Damn you NJ. Was planning on getting 2x 1911s to work on and enjoy, just was hoping to avoid the hula-hoops of NJ. Father is a resident of a different state...
Thank you for the Nappen check. Gw45. =) Keep on bloggin. =)
geekWithA.45
August 21, 2005, 11:25 PM
Happy to help.
Incidentally, the most probable reason you misremembered the statute is that PA has exactly that sort of arrangement: handgun transfers (which must normally be either through an FFL, or performed at the sherrif's office, who will run NICS and take notes) may take place between eligible spouses and parent/kids without paperwork.
Longarms, of course, may be transferred freely between eligible PA residents.
WT
August 22, 2005, 09:41 AM
Here is a link to the Certificate of Eligibility form.
http://www.njsp.org/info/pdf/firearms/sp-634.pdf
It can be found on the NJ State Police website.
Phoenix_III
August 22, 2005, 12:42 PM
Was just trying to avoid the obnoxious $50 dollars my local LE wants for fingerprints (will not use the prints I gave to get my FID - they took them!), and then $54 per arm at the firearm store... yikes.
geekWithA.45
August 22, 2005, 01:19 PM
Pheonix:
Er...that's wrong. The fee for a pistol purchase permit is set by law at $2, and although the statute allows wiggle room for re-doing the background investigation, (They did that to me when I went longer than a year without buying a handgun), I'm also recalling that you only need to be printed once.
That being said, there's damned little you can do about it in NJ when the PD decides to yank your chain.
This is fairly typical of the sorts of obstructionism that exists in some municipalities.
FWIW, here's a searchable index of NJ statutes:
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=227882402&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42
Furthermore, $54 is steep as heck for an FFL xfer fee, it should be more in the neighborhood of $20-$25, so I'd do some comparison shopping.
sarcasm
After all, there's a whopping 800 FFLs in NJ to choose from.
/sarcasm
(There's something like 800 FFLS in my COUNTY)
Phoenix_III
August 22, 2005, 01:23 PM
Oh don't worry Gw45, they charge the $2 + $5 or whatever the regular fee is. However, there is a one-time fingerprinting fee. When I was 19 and got my FID, they did the FID fingerprinting. I again would now need the 'handgun' fingerprinting. If I were 21 when getting the FID, they could have used the one to cover both. Probably BS revenue generator, and I would give them a hell of a hard time about it normally, but I am currently pursuing (and I am two phases in!) Pennsylvania State Police LE. =)
p3
geekWithA.45
August 22, 2005, 01:34 PM
I am currently pursuing (and I am two phases in!) Pennsylvania State Police LE. =)
Congrats!
And remember....don't be evil. We're watching. ;)
Phoenix_III
August 22, 2005, 03:51 PM
I'm on of those sad saps who actually believes in the whole duty, honor serve the public bit. I would actually bring humility when dealing with individuals and situations, actually try to regain some of the respect and thought that law enforcement individuals are actually good/helpful to have around, not kind of smile at/nod to /walk the other way from/be nervous around, how I think a number of people feel about LE, let alone the whole JBT thing. Alas, like there is a small % of people that are bad apples [criminals], I know that will find it's way into LE [wrong attitude/chip on the shoulder]. Some people on power trips, others picked on and now striking back at the world, the whole bit. I just hope that a) I get through, b) I am not the only guy there with some good morals and ideals. I'll do my best not to let the job change me or my outlook [girlfriend brings this up and it is an understandable concern, but hey, indentifying it as a possible issue means I can recognize it]
[also not 'afraid' to be a hardass when the situation requires it, despite my best attempts to come off as a friendly and helpful public servant].
:)
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