Legal issues with gifting my Father in Law a shotgun. He lives in NJ

[jack.s]

Does anyone know how this works? He does not have a FID, which is required to purchase long guns in NJ, but he is not purchasing anything. It's a shotgun I just don't use anymore and I plan to give it to him.

I don't want to break any laws here so if he needs to go get an FID I will ask him to do so, but if not then that's preferable. Thanks to anyone who can offer any help!

-Jack

[NRA Recruiter]

By Federal law, all interstate transfers, with few exceptions, MUST go through an FFL. For rifles and shotguns that transfer may take place in any state if laws of the recipients home state and the state in which the transfer is taking place allow it.

[jack.s]

By Federal law, all interstate transfers, with few exceptions, MUST go through an FFL. .

All of the exceptions I have come across pertain to giving a gun to a family member, which is what I am doing here. Curious as to the specifics if anyone knows.

[Curmudgeon]

All of the exceptions I have come across pertain to giving a gun to a family member, which is what I am doing here. Curious as to the specifics if anyone knows.

There are exceptions in PA law for transfers between certain family members, provided both are PA residents. Federal law does require a transfer at a FFL in either state.

Other than this someone will need to ascertain any and all NJ requirements for ownership/possession of the shotgun for your father-in-law.

Since this is a PA-based site it may take a while for someone to provide a better answer, I do not know.

[jack.s]

Since this is a PA-based site it may take a while for someone to provide a better answer, I do not know.

I've spent the last hour searching the internet for an answer here and it looks like he will need the FID to legally possess the gun anyway so it makes little difference if we can transfer it without an FFL. For the sake of 25$ I'd rather just fill out the forms and be done with it.

Reading up on NJ gun laws for an hour makes me glad to live in PA! What a mess!

Edit: Ok, apparently I was wrong.. according to the NRA no FID is needed:

"To keep or carry any firearm about a person’s place of business, residence, premises, or other land owned or possessed by him; a place of business shall be deemed a fixed location."

or to transport it to/from a range or to hunt with as long as he has a valid hunting license. NJ is still a mess.

[Draxton Smitz]

Like previously said, may not need his FID to have the shotgun, but since you both live in different states, it HAS to go through an FFL. And that FFL needs an NJ FID to do the transfer.

That father/son transfer only applies if you are both PA residents. Since he is in NJ an FFL HAS to be used.

[CHEMICAL]

One word sums it up pretty well when it comes to NJ:

Don't!

[Gurugold]

There are exceptions in PA law for transfers between certain family members, provided both are PA residents. Federal law does require a transfer at a FFL in either state.

Other than this someone will need to ascertain any and all NJ requirements for ownership/possession of the shotgun for your father-in-law.

Since this is a PA-based site it may take a while for someone to provide a better answer, I do not know.

The only way you do not need an FID in NJ is if you aquired the gun while a resident of another state and moved into NJ or recieved it as an inheritance. He will need and FID to legaly take possesion of it as an NJ resident.

[NRA Recruiter]

All of the exceptions I have come across pertain to giving a gun to a family member, which is what I am doing here. Curious as to the specifics if anyone knows.

The Feds don't care about family or not family they care about interstate transfers. To ATF a gift across state lines is the same as a sale. In their parlance, it is a transfer between non-licensees in different states.

The biggest exception to the across state line exception is the bequest which involves the giver dying and the gun being distributed as part of the estate. I doubt that you want to die to accomplish this.

There may be a couple other exceptions buried in the code but I doubt that any would apply here.

If New Jersey law allows him to buy a gun out of state, you could do this at your local dealer in Pennsylvania. Somehow, I doubt that NJ will allow that. If you can find any Federal laws that would allow you to skip the dealer step, please post them.

[Overscore]

How idiotic that this question even needs to exist. (I mean idiotic, because of the laws, not because of the OP asking!) It's absolutely disgraceful that such a question is even necessary.