Transferring firearms between states

[vavulaka]

In a hypothetical situation.

Can a parent living in NJ simply give a rifle/handgun to his daughter and son in law without going through a dealer?

[Xringshooter]

Depends on where the daughter and son in law live. If they live outside of NJ, then no, the transfer must go through a FFL in the state that they live. If they live in NJ (same as the parent) the transfer would have to comply with NJ laws.

If in a different state, the children would find a local FFL to do the transfer. The parent would then have the guns shipped to that FFL to do the transfer. If the receiving FFL will accept a shipment from a non-FFL (the parent), the parent could ship the guns to the FFL via commercial carrier (UPS or FedEx are the most popular), or transport the guns himself to the FFL (say the daughter lives in PA, he could pack up the guns and drive them to the FFL in PA). If the FFL will not accept a shipment from a non-FFL, then the parent would need to have a FFL in NJ ship the guns to the FFL in the other state.

[vavulaka]

Would it be against the law to simply keep the firearms registered in the parents name though they would be in the daughter's possession?

[knight0334]

Would it be against the law to simply keep the firearms registered in the parents name though they would be in the daughter's possession?

If it's ownership(possession is proof enough of ownership) crosses state lines it is a interstate transfer which requires going through a FFL. Loaning of guns can only be for sporting purposes(hunting is about the only ATF approved) when dealing with interstate activities like that.

Neither PA or NJ has a gun registration. Federal law determines what happens between the states, then state/local laws apply after that. For any handgun to go to a person in another state it must go through a FFL in the receiving party's home state. Long guns like rifles and shotguns must go through a FFL in any state.

The ONLY exception is if the party that owns the guns dies and names the receiving party in a will or the receiving party is a relative in the order of intestate succession(family inheritance). ...then any only then does a FFL not need to be involved, however some state laws still may require it(PA and NJ doesn't).

[vavulaka]

If it's ownership(possession is proof enough of ownership) crosses state lines it is a interstate transfer which requires going through a FFL. Loaning of guns can only be for sporting purposes(hunting is about the only ATF approved) when dealing with interstate activities like that.

Neither PA or NJ has a gun registration. Federal law determines what happens between the states, then state/local laws apply after that. For any handgun to go to a person in another state it must go through a FFL in the receiving party's home state. Long guns like rifles and shotguns must go through a FFL in any state.

The ONLY exception is if the party that owns the guns dies and names the receiving party in a will or the receiving party is a relative in the order of intestate succession(family inheritance). ...then any only then does a FFL not need to be involved, however some state laws still may require it(PA and NJ doesn't).

Here's the thing. My wife lived in NJ and her dad bought a number guns for her handguns, shotguns, rifles etc. She now lives in PA.
These guns were purchased by the father for his daughter. I believe you can give a gun as a gift to a family member without having to go through a dealer as long as the person receiving the gun is legally allowed to own one.
So does my wife really need go to an FFL dealer to get her gun?
Since PA and NJ do require a gun to be registered and there are no federal laws requiring gun registration..... Why can't my wife get her guns from her father in NJ?

[tl_3237]

Here's the thing. My wife lived in NJ and her dad bought a number guns for her handguns, shotguns, rifles etc. She now lives in PA.
These guns were purchased by the father for his daughter. I believe you can give a gun as a gift to a family member without having to go through a dealer as long as the person receiving the gun is legally allowed to own one.
So does my wife really need go to an FFL dealer to get her gun?
Since PA and NJ do require a gun to be registered and there are no federal laws requiring gun registration..... Why can't my wife get her guns from her father in NJ?

The bolded is completely false in NJ assuming father/daughter were NJ residents at the time. An NJ resident cannot give, transfer or sell to another NJ resident without the proper permits/licenses REGARDLESS of any familial relationship.

Since the guns were bought by the father, he retained possession of them when your wife moved to Pa and there was no transfer done while in NJ, I would think there's no doubt that the guns are considered as BELONGING to the father - legally they are not considered HERS. As such he cannot, by Federal law, transfer them to a resident of another state without the use of an FFL.

[vavulaka]

The bolded is completely false in NJ assuming father/daughter were NJ residents at the time. An NJ resident cannot give, transfer or sell to another NJ resident without the proper permits/licenses REGARDLESS of any familial relationship.

Since the guns were bought by the father, he retained possession of them when your wife moved to Pa and there was no transfer done while in NJ, I would think there's no doubt that the guns are considered as BELONGING to the father - legally they are not considered HERS. As such he cannot, by Federal law, transfer them to a resident of another state without the use of an FFL.

I'm not trying to question your sources, but can you give me some links so that I can do some more research on this?

[Xringshooter]

From the BATFE:

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

(You can also substitute the word "receive" for the word "purchase" in the above)

For PA download and read Title 18, Chapter 61, Subchapter A (Uniform Firearms Act) this will tell you everything you need to know about firearms in PA. Pay particular attention to Paragraph 6111. But remember that this pertains ONLY to PA residents and that is all. Residents of different states (Dad in NJ and Daughter in PA) must abide by the federal regulations which say it has to go through a FFL in the receivers state of residence (for handguns) or a FFL in either state (for long guns). The only exception would be if he died and willed his guns to his daughter, then it is a direct transfer and no FFL is needed.l

Got here to download it: http://www.acslpa.org/html/pa_uniform_firearms_act.html

[tl_3237]

I'm not trying to question your sources, but can you give me some links so that I can do some more research on this?

As far as the NJ requirements:

NJS 2C:58-3.

a. Permit to purchase a handgun. No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.[/SIZE][/FONT]

b. Firearms purchaser identification card. No person shall sell, give, transfer, assign or otherwise dispose of nor receive, purchase or otherwise acquire an antique cannon or a rifle or shotgun, other than an antique rifle or shotgun, unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or possesses a valid firearms purchaser identification card, and first exhibits said card to the seller, donor, transferor or assignor, and unless the purchaser, assignee, donee, receiver or holder signs a written certification, on a form prescribed by the superintendent, which shall indicate that he presently complies with the requirements of subsection c. of this section and shall contain his name, address and firearms purchaser identification card number or dealer's registration number. The said certification shall be retained by the seller, as provided in paragraph (4) of subsection a. of N.J.S.2C:58-2, or, in the case of a person who is not a dealer, it may be filed with the chief of police of the municipality in which he resides or with the superintendent.[/FONT][/SIZE]

NJ Penalty for both father and daughter for each firearm illegally transferred would be 18 months + $$$ (fourth degree crime)


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As to the Federal prohibitions:

NJ resident transfer to non-NJ resident -

18 USC § 922. Unlawful acts

(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

*Note: NJ allows FTF sales of handguns and longarms so no FFL is required if both are NJ residents HOWEVER there is necessary licensure required of the recipient (no exceptions for familial relationships). I presume the father legally bought the longarms/handguns as an NJ resident from FFLs. In that case and in the case of a handgun FTF purchase, the firearms would be in the NJ sales database under his name.



So, you see that a gift between two NJ residents requires recipient to have the NJFID (longarms) or Handgun Purchase Permit (handguns) - otherwise it is a NJ state violation.

Also its a Federal violation for anyone to give a firearm to a resident of another state unless they use an FFL. No exceptions for familial relationships for Federal statute(s). Penalty for violation - 5 years + $$$.







For NJ statutes: http://www.njleg.state.nj.us/ select 'statutes' under 'laws and constitution' enter statute number in quotes in search box.

For US Code prohibitions: http://www.law.cornell.edu/uscode/ht...2----000-.html

[vavulaka]

Guys, thank you all for the information.
I really do appreciate it.

Kudos to PAFOA and everyone here. This site is a great place to get information.

Once again, thank you!!