Question for FFLs

**jgs164** · April 11th, 2021, 02:54 PM

I have a friend who lives in NJ whose father just passed away that had a couple of pistols, which she is inheriting. She is not interested in keeping them so is looking to sell them. I would like to help her with this, and would like to know if she can physically bring them to an FLL in PA for transfer instead of having to ship them from an FFL in NJ.

Thanks for the input

**Brian Ahearn** · April 11th, 2021, 04:12 PM

yes , she needs a copy of his death certificate, something from the attorney who is handling his estate indicating that is is authorized to dispose them. She could travel to PA with the firearms to transfer the pistols, make sure they are unloaded. travel with them in the car according to Jersey regs. .

**tl_3237** · April 11th, 2021, 06:18 PM

Originally Posted by jgs164

I have a friend who lives in NJ whose father just passed away that had a couple of pistols, which she is inheriting. She is not interested in keeping them so is looking to sell them. I would like to help her with this, and would like to know if she can physically bring them to an FLL in PA for transfer instead of having to ship them from an FFL in NJ.

Thanks for the input

Yes, she could transport within PA unloaded and securely wrapped directly to a place of appraisal or sale

18 PA CSA §6106(b)(8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business

It is more nebulous for her transport while in NJ because the exception that she would rely on has never addressed the issue of going to a place of sale. It only addresses going from a place of purchase. Whether this was intentional in the legislative scheme to prevent non-licensees from transporting to "places of sale" is not readily apparent, nonetheless the exception clearly reads:

NJSA 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 the person's place of business, residence, premises or other land owned or possessed by the person, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to the person's residence or place of business, between the person's dwelling and place of business, between one place of business or residence and another when moving, or between the person's dwelling or place of business and place where the 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

.

While the risk of the transport coming to the attention of law enforcement is minimal and further reduced by whether the technical letter of the statute would be strictly enforced, it nonetheless is not zero.

You indicated that she inherited the pistols so presumably the estate had been opened and she took possession as either the executrix/administrator or as a beneficiary from the estate distribution. In addition to proper documentation as to her possession I would also recommend that she make a prior appointment with the first destination FFL to whom she would be going to directly to in PA in order to support the intent of her trip.

**gnbrotz** · April 11th, 2021, 07:02 PM

Originally Posted by Brian Ahearn

yes , she needs a copy of his death certificate, something from the attorney who is handling his estate indicating that is is authorized to dispose them.

Disagree. If she has truly "inherited" them, they are now hers, and she can do as she wishes without explanation or documentation of their provenance prior to her legal ownership of the items.

She is not "disposing of estate items" she is selling property that is legally hers.

**pred** · April 11th, 2021, 08:21 PM

Originally Posted by gnbrotz

Disagree. If she has truly "inherited" them, they are now hers, and she can do as she wishes without explanation or documentation of their provenance prior to her legal ownership of the items.

She is not "disposing of estate items" she is selling property that is legally hers.

This,
And yes transport them unloaded and go directly to PA
NJ says you cant stop at a diner and eat inside when you firearms are in the car,

**Rosco the Iroc** · April 11th, 2021, 08:31 PM

Originally Posted by jgs164

I have a friend who lives in NJ whose father just passed away that had a couple of pistols, which she is inheriting. She is not interested in keeping them so is looking to sell them. I would like to help her with this, and would like to know if she can physically bring them to an FLL in PA for transfer instead of having to ship them from an FFL in NJ.

Thanks for the input

Originally Posted by gnbrotz

Disagree. If she has truly "inherited" them, they are now hers, and she can do as she wishes without explanation or documentation of their provenance prior to her legal ownership of the items.

She is not "disposing of estate items" she is selling property that is legally hers.

I can help with this and I'm not far from you.

Yes if she received them from the estate they are hers and can transfer them as she wants. Depending on where they are in NJ we can arrange to get them here if she does not want to chance it but it is allowed.