Handgun transfer to daughter in NJ ?

[Gun]

Yeah but the NJ fee is going to happen regardless.
I'll pay the extra $20-$50 to stay the hell out of NJ.

We're talking about a state that just arrested a guy because he had an unloaded flintlock (genuine period flintlock) in his glove box.

2C:39-5 Unlawful possession of weapons.

b.Handguns. (1) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree.

The exemption applies only to rifles, shotguns, and other weapons.

[sota]

Also, a PA FFL can perform the transfer to a NJ resident, if they follow the requirements as laid out for NJ. You could contact Heritage Guild for more info as an example.

[xFalleNx]

Thank for all the replies guys.Especially the suggestion to smuggle her out.I think I'm gonna ship it to an FFL over there.I just don't want to cross over that bridge under any circumstances with a firearm.For g-ds sake they arrested a retiree with a flintlock.

You're actually not allowed to cross state lines with it, if it's for a sale. To my knowledge all out of state sales/transfers must be done through an FFL.

2C:39-5 Unlawful possession of weapons.



The exemption applies only to rifles, shotguns, and other weapons.

Yes he broke the law, but the law is B-S. He wasn't technically carrying it either. He was "illegally" transporting it. From what I've gathered, his version of the story is that he was picking it up from a local pawn shop (which he had pawned it to) and he was driving his son or nephew's car or something like that, and they pulled him over for registration or something similar and he told the officers that he had the firearm in the vehicle and the rest is history.

[God's Country]

2C:39-5 Unlawful possession of weapons.



The exemption applies only to rifles, shotguns, and other weapons.

Understood. The point being NJ considers a flintlock to be a firearm (along with pellet, bb, rubber band, slingshot, and probably air soft and paint)
Even the fed. gov. doesn't give a shit about flintlocks.

That's full retard.

[xFalleNx]

Also, a PA FFL can perform the transfer to a NJ resident, if they follow the requirements as laid out for NJ. You could contact Heritage Guild for more info as an example.

True, but it still has to be shipped to an FFL in NJ in order for her to take possession of it.

[God's Country]

Also, a PA FFL can perform the transfer to a NJ resident, if they follow the requirements as laid out for NJ. You could contact Heritage Guild for more info as an example.

I don't think so.
Long guns yes.
Handgun no. It's prohibited by the ATF.

[Gun]

Also, a PA FFL can perform the transfer to a NJ resident, if they follow the requirements as laid out for NJ. You could contact Heritage Guild for more info as an example.

Only for non-restricted long guns, not handguns.

Yes he broke the law, but the law is B-S. He wasn't technically carrying it either. He was "illegally" transporting it. From what I've gathered, his version of the story is that he was picking it up from a local pawn shop (which he had pawned it to) and he was driving his son or nephew's car or something like that, and they pulled him over for registration or something similar and he told the officers that he had the firearm in the vehicle and the rest is history.

Regardless, he still possessed it without meeting an exemption.

All statutes I've read show procedure for purchasing firearms. There is no exemption that applies if one possesses a firearm while in transit to a sale of that firearm.

[ungawa]

You're actually not allowed to cross state lines with it, if it's for a sale.

You can cross state lines with a firearm for whatever reason you wish (non-NFA). Including selling it in another state at an FFL.

Whether or not it is legal to possess in a particular state when you get there is a separate issue.

True, but it still has to be shipped to an FFL in NJ in order for her to take possession of it.

He could drive it to the FFL if he meets an exception in NJ law (permit to carry a handgun or the FFL is at an excepted location such as a range).

Yes he broke the law, but the law is B-S. He wasn't technically carrying it either. He was "illegally" transporting it.

He was illegally possessing it. Possession of a handgun is illegal in NJ except under very limited circumstances. For instance, you cannot possess a handgun at your parents' house. Whether you transported it or not.

[xFalleNx]

You can cross state lines with a firearm for whatever reason you wish (non-NFA). Including selling it in another state at an FFL.

Whether or not it is legal to possess in a particular state when you get there is a separate issue.

He could drive it to the FFL if he meets an exception in NJ law (permit to carry a handgun or the FFL is at an excepted location such as a range).

Yes he could do that, but at this point it's probably easier and safer for him to just ship it via FFL unless him and his daughter live relatively close. I traveled many times from NJ to PA to go shooting, but never to buy a handgun. I've been to plenty of gun shows in PA where FFLs wouldn't even talk to me because I was from a different state and the laws are so crazy in NJ.

He was illegally possessing it. Possession of a handgun is illegal in NJ except under very limited circumstances. For instance, you cannot possess a handgun at your parents' house. Whether you transported it or not.

Possession of a handgun is not illegal in NJ. You're not allowed to have it on your persons at all, except for on a property you own or lease, unless you have a CCW, which no civilian has. He was illegally transporting it, not possessing it. For instance, if he has it locked in a case in his trunk, he was possessing it legally.

Maybe it's just the verbatim that you're using, but when you say he was "illegally possessing it" I'm picturing a 72 year old farmer with a 300 year old flint lock in his belt. Possessing it and carrying on your person are two very different things.

[tl_3237]

Yes he could do that, but at this point it's probably easier and safer for him to just ship it via FFL unless him and his daughter live relatively close. I traveled many times from NJ to PA to go shooting, but never to buy a handgun. I've been to plenty of gun shows in PA where FFLs wouldn't even talk to me because I was from a different state and the laws are so crazy in NJ.



Possession of a handgun is not illegal in NJ. You're not allowed to have it on your persons at all, except for on a property you own or lease, unless you have a CCW, which no civilian has. He was illegally transporting it, not possessing it. For instance, if he has it locked in a case in his trunk, he was possessing it legally.

Maybe it's just the verbatim that you're using, but when you say he was "illegally possessing it" I'm picturing a 72 year old farmer with a 300 year old flint lock in his belt. Possessing it and carrying on your person are two very different things.

The statute prohibits possession without an NJCCW (2C:39-5b). That prohibition is tolled if you meet one of the specified exemptions of 2C:39-6. Possession goes beyond on-person as you seem to imply - it goes to dominion and control. A handgun in the locked trunk of a vehicle that I occupy is in my possession if I have the keys to access it. There is no specific prohibition of 'concealed carry' since it comes under the umbrella possession restrictions.

There is no proscription to 'transport' per se - indeed it is the much larger superset of possession that prevents unexcepted transport. There is a specified transport methodology (2C:39-6g) but that only applies to one of four specific possession exceptions.