Transporting weapons

[Spike71]

Hello all,

I recently moved to Pennsylvania from Overseas. My wife and i just left the military and are now enjoying life back here in the States. My Father passed away and left me his weapons. There are pistols and Rifles. The weapons are at my Aunts house in New Jersey. My question is what do i need to do to get them here to PA legally? Is there forms i need to fill out or licenses i need to get? I am new to this and want to make sure i do everything correctly and not get in trouble.

I want to take my son shooting like i did with my Dad. Any information you guys can provide would be great!!

Thanks,

Mike

[gnbrotz]

Have you obtained a Pa. License To Carry Firearms yet? If not, do you intend to?

Under Federal transport laws, you can go to NJ, load up all of the firearms (making sure they are unloaded) and proceed back to your home. Unless licensed, you may not legally make any stops in Pa. on the return trip (a Pa license means nothing in NJ anyway).

If there is an absolute necessity (such as fuel), be prompt, and be back on your way. Pa. laws provide for very limited exceptions to "carry in a vehicle" unless licensed, so don't be sight-seeing or running errands as part of the return trip.

Once the guns are at your home, you're done! There is no "registration" in Pa.

Welcome to Pa. and welcome to PAFOA!

[Spike71]

Gnbrotz -
Thanks for the information. I am going today to apply for the license. I want to make sure i am legit. I know the weapns are all broken down and there is no ammo. I want to get them here before January

So no registration for Pistols or Rifles?

Mike

[NY Refugee]

Good luck in NJ and welcome. And thank you for your service.

[knight0334]

Originally Posted by Spike71

Gnbrotz -
Thanks for the information. I am going today to apply for the license. I want to make sure i am legit. I know the weapns are all broken down and there is no ammo. I want to get them here before January

So no registration for Pistols or Rifles?

Mike

Correct. There is no registration in PA of either.

There is however a transfer record for handguns for both private and FFL transferred in PA. Transfers between linear relatives* and spouses are exempt from the paperwork for handgun transfers within PA.

Since those firearms were left to you via bequest, or are going to you via intestate succession - you may take ownership of them either there in NJ or receive them in PA without any FFL involvement for interstate transfers. Just make sure they are unloaded, securely encased, and in the trunk or remote part of vehicle when bringing them back to PA to cover your ass in NJ.


*linear relatives = parents, grandparents, children, grandchildren

[GunLawyer001]

I try to simplify matters, but unfortunately I have to complicate this one.

I don't know why these are at the Aunt's house, but I'm not a NJ lawyer so I won't venture an opinion on how things work there. In general, when anyone dies, even a close relative like a father, there has to be someone appointed as personal representative for the estate. If there's a Will, that person is called the Executor and they pay bills and distribute what's left according to the Will. Without a Will, the decedent is "intestate", and the intestate succession rules of his State apply. Without a Will there's still a personal representative, but he's called an Administrator.

In either case, the PR takes custody of the assets and distributes them to the heirs. There's often a casual attitude towards items like cars and guns and lamps, where the heirs just grab stuff like it's trash day and the stuff is at the curb. Greed surfaces quite often after a death, but that's a whole 'nother subject and doubtless has no application here.

Once you take possession under NJ laws (and I have no opinion on what NJ law requires of you before you do so), you have the issue of getting them back to PA. The most expensive means would be shipping them through a NJ dealer to a PA dealer, then to the heir.

If you choose to bring them back yourself, be advised that reliance on the 1986 Firearm Owners Protection Act requires compliance with specific requirements. Handguns MUST be in a locked trunk, or if there's no trunk (most SUV's and all pickup trucks) then you need a locked box, and it CANNOT be the glove box or console.

Note also that the Federal preemption statute requires that you be in lawful possession at BOTH ENDS OF THE TRIP. Since I have no opinion on NJ law, it's up to you to determine whether you as an heir can be in lawful possession while standing in NJ.

In this as in all cases, before relying on a statute, it pays to read the statute. There are hoops to jump through.

And here they are:

TITLE 18 > PART I > CHAPTER 44 > § 926A

§ 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

[tl_3237]

IANAL but I think you're OK with taking possession in NJ and travelling directly back to your Pa residence.

NJ Permanent Statutes:

2C:58-3 Purchase of firearms.


j. Firearms passing to heirs or legatees. Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such firearm does not qualify to possess or carry it, he may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.

[knight0334]

With that NJ law posting, ...and IF the OP is truly the legitimate heir to the items via will, executor divvy, succession, etc - load'm(empty) up in secure gun cases and take them home. No FFL is needed. And they can be shipped straight to your doorstep via common carrier.

[Spike71]

thank you all for the info!
I really appreciate it!!

[thetruepyromaniak]

Just found this thread, figured it fit for my question,


I know that when transporting in a vehicle without a lctf the firearm must be unloaded and firearm and ammo must be in separate containers. My question, thought I’m sure I know the answer, Hypothetically, I go to the range with a 9mm. With me I take the 9mm in my range bag, and a box of shells for the 9mm outside of the range bag. They are separate. Now I get pulled over for wakening the sleeping officer and during a search they find a 22lr round in the bottom corner of the range bag. Can they nail me for transporting a loaded firearm?

Its just a hypothetical, I have a LCTF and wont ever have to worry, but I’m curious. Also I wouldn’t give permission for the search either, but what if.