Inheriting firearms from Grandfather out of State

[Archaex]

So, After some of the above advice I reached out to a couple FFL's (Both FFls recommended from ffl-dealers, Gunbroker & CheaperthenDirt) in North New Jersey to get an idea of the going rate for transfers these days. Both told me that since he is my Grandfather there is no need for an FFL transfer. And stated that since I reside in PA I can "Just drive up and get them" given that I am legally allowed to own a firearm and transport them safely and legally.

For some reason, that seems to easy to me. And after the suggestions above, Im slightly skeptical of the advice from the FFL's.
What do you guys think?

[GunLawyer001]

So, After some of the above advice I reached out to a couple FFL's (Both FFls recommended from ffl-dealers, Gunbroker & CheaperthenDirt) in North New Jersey to get an idea of the going rate for transfers these days. Both told me that since he is my Grandfather there is no need for an FFL transfer. And stated that since I reside in PA I can "Just drive up and get them" given that I am legally allowed to own a firearm and transport them safely and legally.

For some reason, that seems to easy to me. And after the suggestions above, Im slightly skeptical of the advice from the FFL's.
What do you guys think?

Did you also tell them that you were "inheriting" the guns, as you did here in the original post? Because the rules are very different.

[Archaex]

Did you also tell them that you were "inheriting" the guns, as you did here in the original post? Because the rules are very different.

No, I made sure to explain the situation correctly. I stated that there was no law/will indicating that they where for me and that my Grandmother was still alive and the owner due to his passing.

Since my last post I contacted a 3rd FFL dealer who told me the previous two where blatantly telling me to break the law. They said its pretty common in this type of situation for people to perform illegal transfers but definitely do not recommend it. I am going to just proceed with an FFL transfer regardless of the advice of the other Dealers. The cost is low and the peace of mind is worth it.

Thanks for all the help and replies! I appreciate it.

[gghbi]

No, I made sure to explain the situation correctly. I stated that there was no law/will indicating that they where for me and that my Grandmother was still alive and the owner due to his passing.

Since my last post I contacted a 3rd FFL dealer who told me the previous two where blatantly telling me to break the law. They said its pretty common in this type of situation for people to perform illegal transfers but definitely do not recommend it. I am going to just proceed with an FFL transfer regardless of the advice of the other Dealers. The cost is low and the peace of mind is worth it.

Thanks for all the help and replies! I appreciate it.

Congrats on the wise choice, and sorry about your grandfathers passing.

[Archaex]

Congrats on the wise choice, and sorry about your grandfathers passing.

Thank you, I appreciate it.

[Coops]

A related aside.
If I remember correctly, your grandmother has a finite amount of time to obtain a NJ firearms ID card, if she does not already have one, as well as a pistol permit, since she now owns the guns (On the order of 60 to 90 days). Unless she gets rid of them before the time limit (Which she seems to be doing).

I am not a lawyer but I was a NJ resident, and executor of an estate where a gun was inherited by a person without a NJFID

[Archaex]

A related aside.
If I remember correctly, your grandmother has a finite amount of time to obtain a NJ firearms ID card, if she does not already have one, as well as a pistol permit, since she now owns the guns (On the order of 60 to 90 days). Unless she gets rid of them before the time limit (Which she seems to be doing).

I am not a lawyer but I was a NJ resident, and executor of an estate where a gun was inherited by a person without a NJFID

Thank you for that information! Yes, We plan on taking care of it this week just in case.

[tl_3237]

Sincer the OP is not "inheriting" the firearms the following does not apply to his instant case.

For general information of those that actually are inheriting NJ firearms - there in no requirement for any NJ licensure since their transfer is exempt from the need to have an NJFID or Pistol Purchase Permit.

NJSA 2C:58-3j. 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 the firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of the 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 a 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 the firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during that period.

---------------------------------------------------------

A related aside.
If I remember correctly, your grandmother has a finite amount of time to obtain a NJ firearms ID card, if she does not already have one, as well as a pistol permit, since she now owns the guns (On the order of 60 to 90 days). Unless she gets rid of them before the time limit (Which she seems to be doing).

I am not a lawyer but I was a NJ resident, and executor of an estate where a gun was inherited by a person without a NJFID

See above. I'm not aware of any NJ licensure required of the beneficiaries either during or after the transfer.

[Gun]

The issue here is the grandmother, living in one state, giving firearms to a grandson, living in another state.

I would say this falls under the gifting of firearms, interstate, and an FFL would be needed. IANAL.

Also, I believe the grandmother could legally transport the firearms to an FFL in PA.

Again, IANAL.

[Coops]

Thank you tl_2327
That does indeed seem to be the case.

http://www.state.nj.us/njsp/info/pdf...itle13ch54.pdf

N.J.A.C. 13:54-1.13 Firearms passing to heirs or legatees
(a) Notwithstanding the provisions of this subchapter concerning the transfer, receipt or
acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card
shall not be required for the passing of a firearm upon the death of an owner thereof to their heir or
legatee, whether the same be by testamentary bequest or by the laws of intestacy. A person so
acquiring ownership may retain the firearm if he or she meets the requirements of N.J.A.C. 13:54-1.5 and 1.6.

The heir in my case must have had to prove she met N.J.A.C. 13:54-1.5 or wanted to be "safe".
I also may have confused it with the requirement that if you are a prohibited person you have 90 days to sell or otherwise dispose of the gun.
It seems like a major loophole that a gun can legally end up in the hands of a person who the state of New Jersey has not vetted with fingerprints, background check, references, etc. The state is basically letting the citizen vouch for their own legality. I am sure if New Jerseyans knew this they would act to resolve. <eye roll>