In NJ: buying a pistol out of state, out of family member giving you a long gun

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hddeuce06

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Hi all, I'm new, a NJ resident and have 2 questions related to NJ law

Can I
a: Buy a handgun out of state and bring into NJ (ie Texas), and how would I do it?

b: can I bring in a shotgun or rifle given to me by a family member in Texas into NJ, and how would I do it?


Thanks in advance.
 
Any questions I have had in the past I called the NJ State Police Firearms Unit in Trenton. They have always been helpful.
 
a. No. It's against Federal Law.

b. No. It's against Federal Law.

The handgun must be transferred to you by a NJ FFL. The seller can ship it to the NJ FFL who will then transfer it to you.

Not completely sure about the rifle. If both NJ state law and Texas state laws allow an out of state transfer of a rifle at an FFL, then you could have the rifle transferred to you at an FFL in Texas and bring it back. What would be legal, no questions asked, is the same as the handgun, ship the rifle to an FFL in NJ and have it transferred to you by an FFL in New Jersey.

The applicable sections of 18 USC 922, Federal law are quoted below.
http://www4.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
 
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