Legality of transporting guns from NJ to PA

[jack.s]

I was in a motorcycle accident a few months ago and spent the last 8 weeks in NJ at a hospital. I'm all healed up and good to go as of today.. and at lunch with my Uncle yesterday he said "You know.. I ought to give you my old 1911 and my 12 gauge. You'll use them more than I will at this point anyway."

The .45 is the one he carried in the Marines and the 12 gauge is some single shot he bought in the 70's and loves but never fires anymore. He has a 10 gauge that he prefers for home defense.

He said to come pick them up any time before I go back home and "They ain't yours until I'm dead but you can keep and use them until then.. unless I want them back." ; )

Then I started thinking about getting pulled over in NJ with a firearm and I did not care for the idea. AFAIK if I do not make any stops I am legal? They are gifted to me by my Uncle and I have a PA LTCF so once I get across the Delaware I have no worries.

Is there anything else I should know? Thanks!

[PHLJJS]

I'm sure someone else with more knowledge will eventually reply, but I think checking out this link might be a good starting point for you.

http://forum.pafoa.org/concealed-ope...rrying-pa.html

[jack.s]

I'm sure someone else with more knowledge will eventually reply, but I think checking out this link might be a good starting point for you.

http://forum.pafoa.org/concealed-ope...rrying-pa.html

Thanks, I suspect I'm ok then. I am only transporting from my Uncles house, where he is giving them to me, to my home in PA. Soon as I get over the border I'll feel better but it looks like I have no problems regardless.

[knight0334]

Gifting, transfers, sales, etc across state lines is illegal without using a FFL. Loaning of guns is also illegal unless it is for sporting purposes(hunting and a few sanctioned shooting events).

If he is a NJ resident and you are a PA resident - your uncle must ship/deliver the handgun to a FFL in PA so that it can be transferred to you. Its federal law, been so since 1968, and the only way around it is if your uncle dies and he wills it to you.

Long guns can be transferred at a FFL in any state. However NJ has some goofy rules about long gun sales/transfers, so having him ship/deliver it to a PA FFL will make life easier.

[jack.s]

Gifting, transfers, sales, etc across state lines is illegal without using a FFL. Loaning of guns is also illegal unless it is for sporting purposes(hunting and a few sanctioned shooting events).

If he is a NJ resident and you are a PA resident - your uncle must ship/deliver the handgun to a FFL in PA so that it can be transferred to you. Its federal law, been so since 1968, and the only way around it is if your uncle dies and he wills it to you.

Long guns can be transferred at a FFL in any state. However NJ has some goofy rules about long gun sales/transfers, so having him ship/deliver it to a PA FFL will make life easier.

He has no interest in transferring it to me. Basically he's leaving it in my possession until he wants it back or dies. I'm wondering if perhaps I should just make him drive it out to my place or bring him with me. It's a new house and he hasn't seen it anyway so he would not object. He does have all the proper NJ permits.

Edit: also one other thing: These would be far from my ONLY shotgun and handgun. I have several examples of each in my safe at home right now. I'm only holding on to these ones because my Uncle wanted me to have them (I was named after him and I'm the last male in the family with the same last name) when he's gone and he probably wants to put them in my hands himself. He carried that pistol through 3 tours in Vietnam and being Irish we both have a bit of faith in good luck!

[csmith]

He has no interest in transferring it to me. Basically he's leaving it in my possession until he wants it back or dies. I'm wondering if perhaps I should just make him drive it out to my place or bring him with me. It's a new house and he hasn't seen it anyway so he would not object. He does have all the proper NJ permits.

Edit: also one other thing: These would be far from my ONLY shotgun and handgun. I have several examples of each in my safe at home right now. I'm only holding on to these ones because my Uncle wanted me to have them (I was named after him and I'm the last male in the family with the same last name) when he's gone and he probably wants to put them in my hands himself. He carried that pistol through 3 tours in Vietnam and being Irish we both have a bit of faith in good luck!

We all understand your intentions but what knight0334 said is really your only bulletproof legal option. The subject of transporting from NJ to PA for X reason has been gone over tirelessly, so much in fact that a sticky thread has been created for it and all new threads on the subject are immediately locked.

[jack.s]

The subject of transporting from NJ to PA for X reason has been gone over tirelessly, so much in fact that a sticky thread has been created for it and all new threads on the subject are immediately locked.

Damn. Well.. I'm glad I don't live in NJ! They had to put me into a coma to get me into the state in the first place. I wouldn't be here right now but I have one more appointment with the Dr. this afternoon.

I'll check that sticky, thanks. I did not know it had been gone over so many times. Honestly I figured that since the guns were gifts and legally owned by my Uncle there would be no hassle bringing them out to PA.

[knight0334]

He has no interest in transferring it to me. Basically he's leaving it in my possession until he wants it back or dies. I'm wondering if perhaps I should just make him drive it out to my place or bring him with me. It's a new house and he hasn't seen it anyway so he would not object. He does have all the proper NJ permits.

Edit: also one other thing: These would be far from my ONLY shotgun and handgun. I have several examples of each in my safe at home right now. I'm only holding on to these ones because my Uncle wanted me to have them (I was named after him and I'm the last male in the family with the same last name) when he's gone and he probably wants to put them in my hands himself. He carried that pistol through 3 tours in Vietnam and being Irish we both have a bit of faith in good luck!

Then to federal law it is a loan, which can only be for sporting purposes like hunting and a very few sanctioned shoots. Loaning it to you to use for any other purpose would be a federal violation.

Transporting to PA is a whole other issue. ...which that sticky covers.

[tl_3237]

Like Knight already explained, there is no way short of death for you to take possession of those firearms from someone of a differing state of residence without involving an FFL.

The 'loan' that you propose is, IMO, a transfer with the meaning of the Federal statutes and would be a Federal violation for you and/or your uncle. If he brings the firearms to Pa to "loan" you he would be violating 18 USC 922(a)(5) as well as have transporting issues in NJ if he doesn't have an NJFPID card for the rifle (NJS 2C:39-5c) or have an NJCCW for the handgun (NJS 2C:39-5b) unless he meets one of the 2C:39-6 exemptions. Additionally he would violative of 18 Pa CS 6106 once he crosses the border unless he had a carry license from any state or meets one of the ss. 6106(b) exemptions.

If you go to NJ and pick them up, in addition to you uncle violating 18 USC 922(a)(5), you would be violating 18 USC 922(a)(3) upon return to Pa as well as the aforementioned NJ statutes while transporting within NJ. In addition NJ provides for the 'loan' (aka 'temporary transfer') of firearms under NJS 2C:58-3.1. The situation you describe does not qualify under NJ statutes and your uncle would be violative of the NJ transfer laws.

[ByblosHex]

There's no legal non-transfer way to transfer ownership across state lines.