Laws on gifting a hand gun in NJ

[RedDots]

My son lives in PA and I live in NJ.
He wants to give me a handgun as a gift. Does anyone know the proper procedure to transfer the gifted pistol?
I have a NJ FID card and also have a pistol permit but I don’t want to waste it on a gift transfer.

Thanks
RD

 

[NavyLCDR]

RD,

The handgun has to be transferred via an FFL on your end as the transfer is not between residents of the same state. You are going to have to use your purchase permit for the transaction, even if your son was a NJ resident and could give it to you directly.

2C:58-3. Purchase of Firearms.

a.Permit to purchase a handgun. No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.

 

[Tom488]

Yep - it should be called a Permit to Transfer a Handgun, because as you point out, ANY transfer of a handgun in NJ requires the execution of a Purchase Permit.

 

[geekWithA.45]

That's about the size of it.

We can thank GCA '68, and NJ '66 for this nonsense.

 

[RedDots]

Thanks for the info I really appreciate it.
I just didn't want to waste a permit if I didn't have to...

RD

 

[NavyLCDR]

I wouldn't exactly consider getting a handgun for the big purchase price of $0 as a waste of a permit

 

[everallm]

It's the 1 to 14 month wait for the local constabulary to deign to hand you the permit that's the waste......

 

[RedDots]

That's exactly it everallm.
NavyLT we in NJ have to apply and wait for each permit to purchase a handgun.
I had another handgun in mind, and if I use this permit on a gift, I'll have to apply and wait for another...

Thanks for the input.
RD

 

[everallm]

I wonder,

The permit process for handguns in NJ means that, at the least, it takes 90 days to be granted a permit to purchase.

This effectively restricts any private individual from selling a pistol to any other private individual

Could the permit process be challenged under any clause of the commerce acts as an unreasonable restriction upon free trade?

 

[NavyLCDR]

It is my understanding you can get the permit in advance. It's like a pre-approved loan. I get the permit for a pistol purchase, but I do not have to know which pistol I am going to buy yet or for whom.

I don't know, I am about as far away from NJ as I can get in Washington

 

[ambush]

Yes you can get them in advance. But you run the risk that I fell into this very week. I have to take it back for a time extension. They're only good for 90 days. After that, If you don't ask (beg) for an extension (for good reason), before the expiration date, the permit will be invalid. This whole process in NJ is a royal PITA and a MAJOR infringement to the 2nd.

 

[brickeyee]

The handgun has to be transferred via an FFL on your end as the transfer is not between residents of the same state.

For handguns the FFL must be in the recipients (purchasers) state.
State laws MAY require you to use an FFL to get the gun out of NJ.

An FFL in PA will be required to deliver it to your son.