My FINAL NJ question (I hope)

[bug]

May a NJ resident who has a current FOID card bring a legal long gun (22 sng shot bolt) into NJ without going through an FFL? The gun was given to him in PA by his father.

[tl_3237]

May a NJ resident who has a current FOID card bring a legal long gun (22 sng shot bolt) into NJ without going through an FFL? The gun was given to him in PA by his father.

You cannot import into your home state any firearm acquired out-of-state except through an FFL or through an estate distribution. FEDERAL LAW. Not prohibited by NJ.

18 USC 922(a)(3):

§922. Unlawful acts

(a) It shall be unlawful-

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

PS Dad also broke Federal law in giving the rifle to someone not of the same home state as himself

18 USC 922(a)(5):

[QUOTE]

§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;

[bug]

Re-reading my post and your reply I believe I left out an important part of the sequence. The son is 45 and the gun was given to him when he lived at home in PA over twenty five years ago. The gun was "his" but stayed at dads house all these years. Now it is time to retrieve it.

[knight0334]

Re-reading my post and your reply I believe I left out an important part of the sequence. The son is 45 and the gun was given to him when he lived at home in PA over twenty five years ago. The gun was "his" but stayed at dads house all these years. Now it is time to retrieve it.

If the gun was truly given to the son while the son was also a co-resident of the same state, then all that matters is whether the possession of the gun is legal in the son's new home state.

The transfer of ownership has already taken place, although the son left the gun in his former state of residence.

However, the father and the son would have have the duty of proving the transfer took place legally should it get called into question.

The safest option is to have it "retransferred" through a FFL. ...that way there is no chance in hell of breaking federal law.

[tl_3237]

Bearing in mind what knight0334 said above regarding assuaging the Federal aspect, I'm not aware of any problems with NJ state laws for your bringing the longarm into the state considering you have an NJFID.

[amnesia]

Man I really hope the criminals are checking for advice on these laws because this truly is the only way to keep the kids safe.