Black powder gun purchases and NJ residents

[kevikens]

I apologize if this is not the right forum for this. As a NJ resident I went to an establishment in Pa. and wanted to purchase a black powder, muzzle loading antique. The store owner informed me that I could not make that purchase unless I produced the NJ Firearms ID Purchasing card and filled out the NJ Certificate of Eligibility, a form very similar to the federal form for firearms transactions and required within NJ. He informed me that this was not simply store policy but a requirement of PA state law and federal law. I know any number of NJ friends who have purchased these muzzle loaders at Cabella's and Dixon's and no such requirement was apparently a part of the sale. It seems odd that Pa. would enforce NJ regulations on these purchases. So two questions. Does anybody know if this really is a Pa. law? or Federal law? I am very concerned about what would happen to the store's copy of the Certificate of Eligibility as some very personal, vital information is on that filled out form and I would have no idea where it winds up. Thanks

[God's Country]

AFAIK NJ residents need to meet whatever NJ requirements are in order to purchase any long gun in Pa.

A Pa resident 18 yo+ can just walk in and purchase a muzzleloader, and walk out without any paperwork.

[kevikens]

So why would some Pa. gun shops just let NJ residents buy and walk out the door and others claim it is Pa. or federal law that NJ residents must produce the card and fill out the NJ forms or no sale? There's something fishy going on. Is it a matter of law or not, and if one of law, just whose law is being enforced?

[God's Country]

Nothing fishy, just ignorance.
If the seller doesn't inquire who is to know?
Long guns in Pa can be sold among residents at will, so many don't even think about it.
I do find it hard to believe Cabela's doesn't ask for ID to confirm residency.
I believe the FFL you went to was doing everything correctly.
Why so paranoid?
Why don't you just buy your muzzleloader in NJ if you're so worried, or go to Cabela's?

[tl_3237]

There are many factors in play for purchasing a muzzle loading rifle/shotgun/handgun. Doing a cursory search:

Federal:

a muzzle loading firearm is NOT a firearm (18 USC 921(a)(3) and a(16)) and is not subject to the GCA. As such, the usual prohibitions or restrictions regarding interstate sales (18 USC 922) do not apply.

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PA:

I'm unaware of any Pa statues that come into play except for the restriction on possession by a prohibited person (18 Pa CS 6105). Certainly, the sales transfer statute (18 Pa CS 6111) is inapplicable.

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NJ:

Muzzle loading rifles/shotguns are classified an "antique" firearms' (NJS 2C:39-1a). The purchase of an 'antique' rifle/shotgun does not require the NJFID or COE (NJS 2C:58-3b).

Muzzle loading handguns DO NOT enjoy this distinction and are basically treated the same as modern handguns. As such their purchase inside NJ require the usual Handgun Purchase Permit, HOWEVER for a purchase outside NJ, lacking enforcement of NJ requirements through the interstate sales provisions of the GCA, would seem only subject to the laws of the state of presence at the time of purchase. Furthermore there appears to be no prohibition on its import into NJ by the purchaser provided he returns directly to his residence from the place of purchase and transports IAW NJ's transport sub-section (NJS 2C:39-6g).

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Based on the above, I would tentatively state that the purchase of a muzzle loader by an NJite in Pa does not seem to be prohibited. In addition no NJFID or COE is required.

Of course, a Pa FFL may legitimately decide, as a business policy, to not engage in such transactions to avoid any potential hassles - particularly if the purchase is a muzzle loading handgun.

Since my research in this area was cursory, I welcome any verifiable citations to the contrary. IANAL