Legal to buy rifles in PA and bring to NJ?

[mhdishere]

I've been thinking lately (I know, bad habit) of getting a Mosin Nagant or two (or three or four....), but have been having trouble finding them in my great state of NJ. I left a voice mail at Sarco and never heard back from them. Someone on another forum said I could go to a PA gun show with my NJ firearms ID card, buy my rifles there, and bring them home. Is this true? I know NJ doesn't allow me to have them shipped directly to me, but is it legal if I pick them up myself? If it's legal it would be easier and cheaper to do that than have them shipped to an FFL and pay him to transfer them.

Please don't respond that it's legal if I don't get caught, I want to do this by the book. I know handguns are a different matter all together, I'm asking specifically about rifles.

 

[RavenVT100]

If the person you're buying them from is a dealer, I think you have to have it transferred to one in your state. I'm not sure if he has a choice in the matter.

 

[newman32]

I know you need to ship to a FFL if it is a handgun, but not sure about rifles. Maybe check packing.org.

You're right to do it by the book. You don't want to risk losing it all by not knowing the law.

Please keep us posted if you find out!

 

[musher]

Federal law allows you to buy long arms in any state from a licensed dealer as long as the transaction is legal according to your state laws. Interstate private transfers have to go through an ffl.

According to the folks who regulate this...

A person may only buy a firearm within the person's own state, except that he or she may buy a rifle or shotgun, in person, at a licensee's premises in any state, provided the sale complies with state laws applicable in the state of sale and the state where the purchaser resides. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]


source of quote

 

[geekWithA.45]

OK, here's the deal

When I lived in NJ, I have in fact bought longarms @ PA gunshows, it's perfectly lawful.

In the process, you must obey federal laws, and the laws of NJ and PA, which in practical terms means passing NICS, showing FID, and filling out NJ paperwork, just like you were in NJ.

This means you won't be able to buy anything on the NJ AWB list, but anything else goes, presuming you're eligible to buy longarms in NJ, have your FID, etc.

You can forget about handguns, those need an FFL xfer to NJ, handgun purchase permit, etc etc ad nauseum.

 

[mhdishere]

Thanks for the advice! Nothing I have my eye on is on the NJ AWB list, and they're all rifles. I've got an FID, and I have no problems with filling out the forms.

Do I have to run (and pay for) NICS for each rifle, or could it be done once for all of them? If all goes well I might come home with two or three new toys.

I assume they'll have to be transported back in a locked case, which means I'll either have to get one to bring with me or get one at the show.

 

[geekWithA.45]

Believe it or not, a locked case isn't necessary in NJ.

The firearm must be unloaded and

contained in a closed and fastened case, or gun box, or securely tied package, or simply locked in the trunk.

As a practical matter, a simple gunsock or zippable guncase is sufficient. You needn't do a fort knox thing.

One time, when I was feeling punchy, I wrapped a piece of paper around the barrel and tied it securely with twine.

You'll basically have to do 1 NICS per dealer.

 

[WT]

Yes it is legal. I bought a rifle at the Allentown Show and brought it back with me. All the dealer wanted to see was my NJ FID.

 

[alarmguy]

OK, it's legal to buy from a dealer in another state. How about private transfers? Would it be legal for me to buy a rifle or shotgun from a private individual in another state? Or could my brother who lives in another state give me a long gun as a gift without transferring through an FFL holder?

 

[geekWithA.45]

Re: FTF xfers

Again, you must obey fed laws, and the laws of both states in question.

Fed laws allow ftf long gun xfers.

NJ law allows ftf long gun xfers: you must show your fid to the seller, and fill out a specific form, (I forget the name) which has your name, address, fid #, etc on it, and leave it with the seller, who, if he lived in NJ, must keep it perpetually. (The theory is that if the gun is found used in a crime, it will be traced to him, and this form is his proof of having lawfully sold the gun)

The laws of the other state are numerous, so, you need to look into those.

As for gifting a gun, NJ treats gifting as any other xfer, but beware the straw purchase!

My level of certainty on this is a bit less than usual, say, 80%, so I'd take a deeper look into it.

 

[musher]

Alarmguy,

The quote I provided in my first post came from the ATF faq and directly answers your question as well.

Transfers between private individuals (even face to face) who reside in different states are prohibited by federal law. You have to involve an ffl holder at one end or the other to handle the transfer of a shotgun or rifle. Transfer of any other type of firearm would need the involvement of a dealer in your own state.

I don't know of any exceptions for 'gifts' or other non-commercial transfers except that you are allowed to inherit firearms interstate w/o a dealer.

If you want to get a handle on the rules, you might want to go to the ATF website and read their FAQ on firearms.

 

[geekWithA.45]

I Stand corrected!

http://www.atf.gov/firearms/faq/faq2.htm#b17

"Please note that if a private person wants to obtain a gun from a private person who resides in another State, the gun will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See FAQ B3 (Firearms)."

 

[alarmguy]

Thanks, all, for the info. I love this place.