Driving through NJ, Pa, WV, and Ohio

[ClayInTX]

ultradoc,

Buying a gun for another person, except as a gift and even that gets hazy, is considered a “straw purchase” and is illegal. If BB guns are illegal in New Jersey then I can see a real problem there.

Are straw purchases legal in Ohio and New Jersey?

 

[NavyLCDR]

ClayInTx,

Buying a BB gun on behalf of another person is not a straw purchase. A straw purchase occurs when one person buys a FIREARM from a LICENSED DEALER on behalf of another person. 1. BB guns are not considered firearms in federal law (there is no "fire" associated with a BB gun) and 2. you don't buy BB guns from FFL's. Well, I suppose you could buy a BB gun from an FFL, but there would be no 4473 form on it to make a false statement on.

In addition, there is no grey area regarding purchasing a firearms as a gift. It is perfectly, absolutely legal and not grey at all. The instructions on the form 4473 even state that it is legal to purchase a firearm for the purpose of giving it as a gift.

 

[HGUNHNTR]

^ BB guns ARE considered firearms in NJ, and require a NJFID Card, but not a background check.

 

[NavyLCDR]

OK. So in New Jersey:

(a) No person, other than a licensed or registered retail or wholesale dealer, shall receive, purchase or otherwise acquire a rifle, shotgun or antique cannon, other than an antique rifle or shotgun, unless that person possesses and exhibits a valid firearms purchaser identification card. No person shall sell, give, transfer, assign or otherwise dispose of a rifle, shotgun or antique cannon to a person other than a licensed or registered retail or wholesale dealer unless the buyer or receiver possesses and exhibits a valid firearms purchaser identification card. No person shall sell or acquire a sawed-off shotgun.

The NJFID is only required to purchase or acquire a rifle.... it is not required to possess that rifle. If I moved to New Jersey, with my rifle/BB Gun, I would not be required to get the NJFID. SO... what is to keep a New Jersey resident from buying a BB gun at Toys R Us in another state and then bringing it back to New Jersey? The NJFID card requirement would not apply to them when not in the state of New Jersey. Federal law regarding the interstate purchase of rifles (18 USC 922 b 3) would not apply because the Federal government does not consider a BB gun to be a firearm.

What about the Nerf series of guns? Do those require the NFJID card to acquire in New Jersey as well?

 

[garand_man]

Your right about Ohio. I live in Ohio too. The state mag capacity is not enforced. Some cities do have capacity laws. If the capacity laws are enforced, I sure have seen a lot of Calicos (which hold either 50 or 100 rounds), 75 round AK mags, and 40 round SKS mags for sale in Ohio, like at every gun show I go to in Ohio. I'm glad I don't have to register my guns or required to have a firearms ID living in Ohio.

 

[HGUNHNTR]

NavyLT, people did that all of the time around Christmas when they came into the store to buy a Red Ryder for their child. Most just drove across the river and got one at Walmart.

Beleive it or not it is also neccesary to obtain a permit to purchase a handgun to purchase an air pistol in NJ. For most folks thats a 3 month wait per permit. Crazy.

 

[NavyLCDR]

That's good, HGUNHNTR. It certainly didn't appear to be illegal.