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Can I buy a long gun out of state?

Discussion in 'Legal' started by Magic_Man, May 15, 2008.

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  1. Magic_Man

    Magic_Man Member

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    I've searched & didn't see anything pertaining to NJ.

    I know I can't buy a pistol out of state, but can I buy a long gun in PA, DE or MD & bring it home to NJ or would I have to have it shipped to a FFL in NJ?
     
  2. Dbl0Kevin

    Dbl0Kevin Member

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    You have it backwards. You cannot buy a pistol out of state. Any handguns must be shipped to an FFL in your state and transferred from there.

    You CAN buy a rifle or shotgun from another state BUT you must follow the laws of BOTH states. This means that you need to bring with you your NJ FID card along with the Certificate of Eligibility since no out of state dealer will have that form.
     
  3. Magic_Man

    Magic_Man Member

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    Nope, don't have it backwards. Reread my post. I said I know I CAN'T buy a pistol out of state. ;)

    I just need the COE form? Cool.


    Does anyone know if I can buy from PA, DE or MD though? I live in NJ.
     
  4. Dbl0Kevin

    Dbl0Kevin Member

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    My fault I must have misread. You can buy from PA as I have done that when I used to live in NJ.
     
  5. Car Knocker

    Car Knocker Member

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    A little clarification on a point. There is no federal law precluding one from buying a handgun from out of state. However, the handgun must be transferred to the buyer by an FFL in the buyers home state.
     
  6. NavyLCDR

    NavyLCDR member

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    That is correct, however the question was specifically asked about long guns.
     
  7. Car Knocker

    Car Knocker Member

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    I was responding to this comment:
    ;)
     
  8. everallm

    everallm Member

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    What is the Certificate of Eligibility, the only requirements in NJ for a purchase of a pistol is the FID and the Permit to Purchase.
     
  9. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    As an NJ resident, you can buy an NJ legal longarm from an FFL in another state.

    That FFL will observe fedlaw, the law of the state he's in, and NJ law. (Which means you have to have your FID, etc)

    Most PA FFLs are familiar with NJ law, and have no problems with such transactions, I used to buy rifles in PA when I lived in NJ all the time.

    The certificate of eligibility is a form that is filled out by the buyer, and given to the seller, who keep it on file. The theory is that this is the seller's paper trail to show that he lawfully sold/disposed of the long gun, that he saw your FID, and so on.
     
  10. GRIZ22

    GRIZ22 Member

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    The only states you can't buy a long gun in are those that prohibit sales of firearms to out of state folks. The only two states that have such a law I can recall are NJ and OH. You have to be a resident to buy any firearm. A NJ resident can buy in PA but a PA resident can't buy in NJ.

    As Geek said the FFL will follow all laws of his state, the purchaser's state, and federal laws. You can't go to PA and buy a rifle that would be catergorized as an assault weapon in NJ.
     
  11. Magic_Man

    Magic_Man Member

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    So I can drive oer to PA, buy a gun and drive home w/the gun instad of having to have it shipped to a FFL in NJ? Awesome
     
  12. Magic_Man

    Magic_Man Member

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    GRIz, are you saying I can't go to PA & buy & drive home w/it or are you saying someone that is not an NJ resident can't come to NJ, buy a gun & drive home with it?
     
  13. Hanzerik

    Hanzerik Member

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    When I was stationed in NJ, I went to gun shows over in PA frequently and bought rifles and brought them back. Like another poster said; Most PA FFLs are familiar with what they can and can't sell to NJ residents so you usually won't have any legality issues with what you buy.
     
  14. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    Magic_Man, griz is saying that you can't buy what NJ defines as an assault weapon and bring it back.

    The chances of you actually being able to buy what NJ defines as an assault weapon is zero, so you really don't have to worry about bringing that back.

    Anything else you can just toss into your trunk and bring home.

    ---------------------------------

    The other thing he's talking about is that there's a few states whose state law won't allow the sale of guns to out of staters. NJ is one of them. As a result, I, a citizen of PA, can't go to NJ to buy a longarm.
     
  15. burk

    burk Member

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    Griz, Your incorrect about OH. I just purchased an AR 15 from one of their larger dealers. I looked it up on line, it is legal as long as your from an adjoining state.
     
  16. GRIZ22

    GRIZ22 Member

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    I looked it up on line, it is legal as long as your from an adjoining state.

    Thanx for the clarification. My statement was based on the fact I am not from a state ajoining Ohio.
     
  17. brickeyee

    brickeyee Member

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    The 'adjoining state' laws MAY still be in effect at the state level, but Federal law allows you to purchase long guns in ANY state as long as all the rules of the buyers state AND sellers state are followed.
     
  18. another okie

    another okie Member

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    Just to clarify, federal law only allows you to buy a long gun from a licensed dealer in another state. You cannot buy a long gun from a private individual in another state. 18 U.S.C. 922 (a) (5). I know this contradicts the common belief on this point, but that's what it says.

    "It shall be unlawful for any person (other than a ...licensed dealer) to transfer, sell... any firearm to any person...who the transferor knows...does not reside in the State..."

    There are two separate provisions at work here.

    There is a general prohibition on transfers to non-residents by anyone except licensed dealers, 922 (a) (5).

    Then there is a separate clause prohibiting licensed dealers them from doing it unless it is a long gun, is face to face, and is legal under the laws of the transferor's state and the transferee's state. 18 U.S.C. 922 (b).

    Be careful out there.
     
  19. newman32

    newman32 Member

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    Hey, this is cool! Any decent gun shops in the I80 or I78 areas of PA for another Jersey guy to check out? I'm looking around for a Saiga. Also, this Certificate of Eligibility is provided by the dealer? I've never seen one.
     
  20. LostinJersey

    LostinJersey Member

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    The NJSP web site has the form. It is the form you fill out every time you buy a gun in NJ from a FFL. I don't know if the form has to be filled out by a Non-NJ FFL dealer if I buy a rifle from them.

    http://www.njsp.org/about/firearms.html

    I was told by an FFL that all I need to buy a rifle or shootgun in PA would be my NJ DL and my FOID. That was from the guys at Sarco.

    The above link also has the laws and the NJ attonery general directive on the colt match target rifle and the MIA not being assult weapons, transporting firearms through NJ (18 U.S.C.A 926A) and the dreaded hollowpoints.
     
  21. 627PCFan

    627PCFan Member

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    Yeah, dont bother coming into MD for guns of any kind. Might as well go to the North Pole to get a suntan.
     
  22. zoom6zoom

    zoom6zoom Member

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    I don't believe the adjoining state part either, as i purchased a rifle on my trip through Ohio last month with a Virginia ID.
     
  23. Toten Kopf

    Toten Kopf Member

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    As a Wyoming resident, I tried to purchase a rifle in Ohio, and was told "NO". Only if I lived in an adjoining state.
     
  24. NavyLCDR

    NavyLCDR member

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    That is because of Ohio state law.

    This would appear to be in violation of Ohio state laws.

     
  25. Michael_2112

    Michael_2112 Member

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    Newman32: The only shop in the area I've seen Saiga's at recently is Weaver's Guns in Brodheadsville, PA. It's about 25 minutes from the Delaware Water Gap. Other shops to check out in the area include: Dunkleburgers (Stroudsburg,Pa), American Shooting Supply (Brodheadsville, Pa), Army Navy (Whitehall, PA).
     
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