Purchasing from NJ Resident

[Neo31rex31]

This came up in conversation and I was unable to give a definitive answer.
PA resident wants to purchase a long rifle from a NJ resident. The transaction is taking place on PA soil face to face - Is an FFL needed?

Thanks

[Xringshooter]

Yes,
Since the buyer and seller are from different states the rifle must go through a FFL (it is an interstate transfer). Because it is a long arm it can be a FFL in the buyers state or the sellers state.

Doing the transfer in PA would be better, probably less of a hassle. The seller will give the rifle to the FFL and he will log it into his bound book. The PA buyer will then fill out the 4473 and undergo the background check. All good, FFL collects his fee, buyer pays seller, buyer goes home with new rifle, seller goes back to NJ.

[tl_3237]

Yes,
Since the buyer and seller are from different states the rifle must go through a FFL (it is an interstate transfer). Because it is a long arm it can be a FFL in the buyers state or the sellers state.

Doing the transfer in PA would be better, probably less of a hassle. The seller will give the rifle to the FFL and he will log it into his bound book. The PA buyer will then fill out the 4473 and undergo the background check. All good, FFL collects his fee, buyer pays seller, buyer goes home with new rifle, seller goes back to NJ.

Agree. If the transfer occurred in NJ then the Pa buyer would need an NJFID card and fill out a Certificate of Eligibility at an NJ FFL.

If occurring in Pa then the NJ seller, to transport to the Pa border, should either have an NJFID or qualify for one of the NJ exemptions.

[Neo31rex31]

Perfect - thanks

[Sgt.K]

If occurring in Pa then the NJ seller, to transport to the Pa border, should either have an NJFID or qualify for one of the NJ exemptions.

Like taking it to a gun shop? (Serious question)

[knight0334]

Like taking it to a gun shop? (Serious question)

Yes.

All interstate transfers of federally defined "firearms" must go through a FFL.

Long guns can go through a FFL in any state.

Handguns must go through a FFL in the receiving party's home state.


The ONLY exception to the law is for bequests(via a will) and intestate succession(familial inheritance) - but for that exception to be valid, someone must die.

[Sgt.K]

Like taking it to a gun shop? (Serious question)

Yes.

All interstate transfers of federally defined "firearms" must go through a FFL.

Long guns can go through a FFL in any state.

Handguns must go through a FFL in the receiving party's home state.


The ONLY exception to the law is for bequests(via a will) and intestate succession(familial inheritance) - but for that exception to be valid, someone must die.

My question was about the seller meeting NJ exceptions for transport TO the FFL.

[knight0334]

My question was about the seller meeting NJ exceptions for transport TO the FFL.

Ahhh..

NJ's laws allow transporting to a gunsmith. Under federal law, all gunsmiths must be an FFL. NJ's kinda of weird that they have a separate definition between gunsmith and dealer, but legal under federal law, the smith must also be a FFL.

I think he'd be good to go so long as he went straight to the FFL.

[tl_3237]

Like taking it to a gun shop? (Serious question)

My question was about the seller meeting NJ exceptions for transport TO the FFL.

Somewhat serious answer.....

The dirty secret to NJ statutes is that they didn't specifically exempt transport from residence TO place of sale! They do provide to/from places of repair and from place of PURCHASE to residence but, alas, are mute regarding residence to place of SALE.

Anomalous - yes. Although I think this a purely technical glitch it nonetheless is the strict reading of the current law. I doubt that it would ever be charged or a conviction obtained but, when one falls into the rabbit hole of juris prudence, the Cheshire Cat may be on the jury and/or bench. I would suggest that NJ seller make a time & date appointment with the FFL and proceed directly to the FFL from his residence. This would serve as to corroborate his intent for the NJ transport should any untoward event intervene.

Surprised?? Here is the applicable exemption statute:

NJS 2C:39-6e. 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.