Transfer to NJ

[bug]

I am a PA resident and have a Smith mod 19 handgun that I want to sell/transfer to my nephew who lives in NJ. He has been approved to purchase two handguns and has the forms to do so. Does anyone know how we should proceed? Thanks for any input.

Bob D

[G19]

I believe (but I'm often wrong, ask my wife) that you would want to have a PA FFL dealer transfer it to a NJ FFL dealer for him to then take ownership without getting yourself into any legal issues in NJ.

You might be able to skip the PA FFL if you ship it yourself to the NJ FFL but would CYA better going though the PA FFL. Not that I don't trust NJ anti gun policies.

[God's Country]

IIRC NJ allows the transportation of a handgun to a FFL, but for all I know that's for residents. The safe way would be to have a Pa FFl send it to the NJ FFL of your nephew's choice. That way your covered and you stay out of that hell hole.

[mrjam2jab]

IIRC NJ allows the transportation of a handgun to a FFL, but for all I know that's for residents. The safe way would be to have a Pa FFl send it to the NJ FFL of your nephew's choice. That way your covered and you stay out of that hell hole.

I see where statute allows for travel FROM an FFL...but I don't see it allowing travel TO an FFL. Every other exception specifies "To or from"

e. Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

f. Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:

(1) A member of any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from a place of target practice, carrying such firearms as are necessary for said target practice, provided that the club has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent and provided further that the firearms are carried in the manner specified in subsection g. of this section;

(2) A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;

(3) A person transporting any firearm or knife while traveling:

(a) Directly to or from any place for the purpose of hunting or fishing, provided the person has in his possession a valid hunting or fishing license; or

(b) 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; or

(c) In the case of a firearm, directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any rifle or pistol club, or any firearms collectors club, for the purpose of displaying the firearms to the public or to the members of the organization or club, provided, however, that not less than 30 days prior to the exhibition or display, notice of the exhibition or display shall be given to the Superintendent of the State Police by the sponsoring organization or club, and the sponsor has complied with such reasonable safety regulations as the superintendent may promulgate. Any firearms transported pursuant to this section shall be transported in the manner specified in subsection g. of this section;

(4) A person from keeping or carrying about a private or commercial aircraft or any boat, or from transporting to or from such vessel for the purpose of installation or repair a visual distress signaling device approved by the United States Coast Guard.

[Twoboxer]

Seems you will need a NJ FFL, so I guess I'd do one of the following:

1) Select a NJ FFL that has a range, or failing that,
2) Call the selected NJ FFL and ask.

[tl_3237]

I see where statute allows for travel FROM an FFL...but I don't see it allowing travel TO an FFL. Every other exception specifies "To or from"

Correct as we discussed 3 years ago:

PA allows travel to/from a place of sale/repair without a LTCF.

But he entered NJ, not sure if NJ has the same exception. If NJ doesn't, he broke the law.

NJ does have similar exceptions.

Actually NJ law does not provide for transport TO a place of sale; it only provides for transport FROM a place of sale to the buyer's home/businmess.

NJS 2C:39-6e ... from any place of purchase to his residence or place of business...

Now while I doubt that it has ever been enforced it appears to be the letter of the law.

Since the transaction is between residents of differing states an NJ FFL must be used pursuant to Federal law. Had both been NJ residents no FFL involvement would be required -- the buyer simply goes to the seller, executes the necessary handgun purchase permits, and returns to his NJ residence with his new acquisition.

[God's Country]

It would make sense that NJ would allow someone to purchase a gun but not "technically" allow a transfer. It wouldn't be Joisey if there wasn't a gotcha clause somewhere waiting to be invoked upon the discretion of the master.

[BimmerJon]

TL quoted me

((Blushes))

[tl_3237]

TL quoted me

((Blushes))

Well I did quote you but had to do so in order to quote myself

[BimmerJon]

Well I did quote you but had to do so in order to quote myself

So you just used me.
I feel so used (yet strangely still satisfied)