Inherited pistol? New Jersey

[velocette]

I have a 1911 pistol that my father owned. He had it for many years, long before registration was law in NJ. This pistol needs to go to my son, a NJ resident and former Marine. My son is currently waiting on a pistol purchase permit from the NJ authoritys.
The pistol and I are Florida residents. I do not wish to violate any of NJ's draconian gun laws.
I plan to drive to NJ for a visit within the next few months. If I were to transport the pistol to NJ & then take it to an FFL along with he with his purchase permit to have it legally transferred? Or would I be taking a risk with an unregistered pistol just crossing the border into NJ?

Roger

 

[PBR Streetgang]

Look at statute 13;54-1.13

It allows heirs to take possession of firearms willed to them without a NJ firearms permit as long as they are allowed to possess firearms.

http://www.state.nj.us/njsp/info/pdf/firearms/062408_title13ch54.pdf


page #12

hope this helps you,

 

[velocette]

Perhaps a clarification would help.
The pistol is in my possession now in Florida and has been for many years. It was my fathers since the early 50's & he gave it to me in the 60's. I now want it to go to my son a NJ resident. There is no will or documentation on or about this pistol.

Roger

 

[PBR Streetgang]

did you read my PM?

 

[Tom488]

I would advise selecting and contacting a NJ FFL about this first, and if he's in agreement, ship him the pistol via UPS or FedEx. Then drive up there, get your son, go to the FFL, and have your son complete the transfer.

Transporting the pistol in to NJ is a legal gray area. Possession of a handgun in NJ is only legal if one has a NJ-issued permit to carry, or if one falls in to one of several very narrow exceptions. In your situation, the only exception that comes close would be "transporting to a place where such firearms are repaired, for the purposes of repair". Well, you're not really looking for repair services - you're looking to transfer possession.

IMO, it's easier to ship the handgun to the FFL, and avoid any potential legal landmines.

 

[velocette]

PBR
Yes I did, thank you,
I'm certain that a letter can be found.

Roger

 

[F-111 John]

The OP legally owns the pistol in FL. Since the OP is still posting, I can only assume that inheritance laws do not yet apply. With regards to transporting the pistol into NJ, federal law only protects the owner during interstate transport if possession of the pistol is legal for the owner in the state he starts his trip in, and in the state he ends his trip in. Can a non-resident legally posess a handgun in New Jersey?

Were it me, I'd wait until my son's purchase permit was approved, then ship the firearm directly to a NJ FFL for him to transfer to my son, and I'd specifically name him in my will, and let him claim it when I pass on, whichever came first.

My father passed away in May of 2011 in Florida, so as a Michigan resident I obtained a purchase permit for each of his handguns. Then I drove to Florida and was able to legally return to Michigan with the firearms due to Federal inheritance exceptions to the interstate transfer laws.

Were I to attempt to do this while he was alive, I'd be a felon. In that case the transfer would have to go through a Michigan FFL.

 

[GRIZ22]

Inheritance is covered in both Federal and NJ law as long as the firearm is specifically mentioned in the will. No permits are required in NJ for an inheritance of a firearm if specifically stated in a will. This is not the case in dealing with this transfer as you are still alive.

Transporting a handgun by anyone without a carry permit is subject to very specific circumstances as Tom 488 stated. You are better off shipping the gun to a FFL in NJ to do the transfer. You may have a problem getting a FFL in NJ to accept a firearm from out of state from someone who is not a dealer. This is not unique to NJ. You may have to find a FFL in FL to ship it to NJ.

If you want some leads on FFLs in NJ that may accept the gun directly from you and/or won't charge you an arm and a leg for the transfer PM me.

 

[Sam1911]

Inheritance is covered in both Federal and NJ law as long as the firearm is specifically mentioned in the will

Certainly so, but let's not forget that inheritance is not at issue here. There is a living current owner who wants to give this firearm to his son who is a resident of another state.

The only question that seems at issue is whether there is any risk to the current owner (from FL) in transporting the handgun into the state of NJ to either take it directly to an FFL, or to keep it with him while staying with his son before heading to the son's FFL to do the transfer.

 

[F-111 John]

The only question that seems at issue is whether there is any risk to the current owner (from FL) in transporting the handgun into the state of NJ to either take it directly to an FFL, or to keep it with him while staying with his son before heading to the son's FFL to do the transfer.

And Handgunlaw.us says that the NJ laws say it is not legal for a non-resident to possess a handgun without a NJ Firearm Purchaser Identification card, unless they are traveling through NJ.

http://handgunlaw.us/states/newjersey.pdf:

New Jersey Law also states that before possessing or transporting any rifle or shotgun without first having obtained a New Jersey firearms purchaser identification card (FPIC), or possessing or transporting any handgun without first having obtained a New Jersey handgun carry permit is a violation of their law.

Shipping to a NJ FFL would by my only choice.

(P.S., NJ does not recognize any other state's CCW permit.)

 

[Sam1911]

And Handgunlaw.us says that the NJ laws say it is not legal for a non-resident to possess a handgun without a NJ Firearm Purchaser Identification card

I'm curious about this. I know many shooters who attend IDPA and USPSA type matches in NJ, and they certainly don't have NJ FOID cards.

I looked but could not find any similar exemption which would cover you while driving directly to a gun shop, oddly.

 

[F-111 John]

I'm curious about this. I know many shooters who attend IDPA and USPSA type matches in NJ, and they certainly don't have NJ FOID cards.

Exception for Shooting Sports Matches:

New Jersey Code of Criminal Justice Title 2C:39-6f(3)(b):

Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent ... A person transporting any firearm or knife while traveling ...Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder ...

 

[dprice3844444]

http://www.pagunblog.com/2010/03/31/more-on-the-new-jersey-fopa-case/
http://www.anjrpc.org/?travel_with_firearms
http://www.ohioverticals.com/blogs/...-v-port-authority-of-new-york-and-new-jersey/

right now jersey and ny do not recognize fopa and are enacting legislation to approve the foa law.if they find any firearm,your going to jail

 

[Tom488]

Can a non-resident legally posess a handgun in New Jersey?

For the most part, residence doesn't factor in to NJ's laws on possession of a handgun.

2C:39-5b says that possession of a handgun is unlawful unless one has a NJ permit to carry a handgun. Since these permits are at almost mythical status, 99.9% of handgun possession falls under the exemptions enumerated in 2C:39-6:

2C:39-6e says that the above is not applicable is one possesses it in their home, in their place of business (which courts have determined applies only to an OWNER of said business), transporting between home and place of business, or transporting between one home and another while moving (all transportation must be unloaded, secure in a case, or locked in a trunk).

2C:39-6f allows possession while transporting to/from a rifle/pistol club, to/from a place of competition or target practice (it is this exemption that allows IDPA competitors to transport to/from their matches), to/from a sponsored exhibition, to/from a place of hunting (with applicable hunting license), or to/from a place of repair, for the purposes of repair.

And finally, 2C:39-6g specifies that while transporting under any exemption, the firearm shall be unloaded, and contains in a securely fastened case, OR locked in the trunk of the vehicle. AND (most importantly), in the course of travel, shall include only such deviations as are "reasonably necessary" under the circumstances.

Note that a Firearms ID card has absolutely nothing to do with handgun possession. As far as handguns go, you either have a permit to carry, you fit into one of the above narrow exemptions, or you're breaking NJ law. That's it.

<whew> Simple, right?

right now jersey and ny do not recognize fopa and are enacting legislation to approve the foa law.if they find any firearm,your going to jail

On paper, at least, the New Jersey State Police purport to recognize FOPA:

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

 

[bushmaster1313]

Remember, you must comply with Title 23:

Exception for Shooting Sports Matches:

New Jersey Code of Criminal Justice Title 2C:39-6f(3)(b):

Quote:
Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent ... A person transporting any firearm or knife while traveling ...Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder ...



Here is one part of Title 23:

23:3-46. Use of shirred or purse seines, otter or beam trawls without license prohibited
No person shall take, or attempt to take, with shirred or purse seines, otter or beam trawls, any fish in any waters in the jurisdiction of this state, including the waters of the Atlantic ocean within three nautical miles of the coast line, either for himself or for his employer, without first having obtained a license for that purpose as hereinafter in this article provided.

Be careful out there

 

[nyresq]

Take it to an FFL in Florida and have them ship it to and FFL in NJ for your son. Same as if someone bought it from you and you shipped it to their FFL. Using an FFL on both ends just makes for a better paper trail if its ever questioned.

 

[benbernanke]

First, a message board is the WRONG place to get advice on this issue. If you violate any of the various firearms laws in NJ then its a big deal and you will get arrested. Most firearms violations in NJ are felonies. NJ police and the NJ justice system are notorious for being anti-gun in general. Therefore, you should get your information right from the source.

http://www.state.nj.us/njsp/about/firearms.html

http://www.state.nj.us/njsp/about/fire_trans.html

If these links do not answer all of your questions, then there are phone numbers you can call to get further information.