transporting gun across state lines

[venom21]

Hello all,

So I have a couple questions for you guys. I live in New Jersey and my dad has some guns that he got several years ago. He has a license for them and the guns were obtained legally sometime around 1970. We used to go target shooting in PA often. I couldnt find a clear answer to my question and i figured this would be a good place to ask.

My question is can I take his guns and drive with them myself to PA target shooting ranges? I dont have any gun licenses myself however i am older than 21 years of age if that makes any difference. thanks.

[TinGLOCK]

I predict that if you search, you will find a lot of advice on this topic. Good luck.

[venom21]

ive been looking but i cant find any specifics which pertain to my situation. Anyone out there know for sure if this is allowed?

[dsnover]

The problem is that you are in the PRNJ (Peoples Republic of New Jersey, in case you didn't figure it out). Anyway, in NJ, you face a greater likelihood of getting arrested if 'caught' with guns in your car. Not that the charges would be valid, just that you would be more likely to have to defend yourself legally.

[SSgt's Son]

First, I suggest that you will get your best answer from an attorney licensed to practice in NJ (which I am - feel free to contact me by e-mail to discuss).

Second, I cannot give you legal advice as to your situation in this forum, but you should be aware that, according to the New Jersey Criminal Code, 2C:39-5, which reads, in pertinent part:

c. Rifles and Shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S. 2C:58-3, is guilty of a crime of the third degree.

[tl_3237]

Short answer - NO. Dad would have to be with you.

There are many issues raised in the OP 's question but the short of it is that NJ does not appear to allow the loaning of firearms to another except under some limited circumstances:

The first being through the pistol purchase permit/NJFID of the receiver. (Note loans can be considered considered "disposing of" [2C:39-1d]) in that they are a transfer of possession.

2C:39-1d."Dispose of" means to give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer, or otherwise transfer possession.

2C:58-3 Purchase of firearms.

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.

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.

There are exceptions to the requirement for the receiver to hold NJ licenses (pistol purchase permit/NJFID):

At the range but it must be under the supervision of the owner and not exceed 8 hours.

For purposes of hunting within NJ again in the presence of the owner and less that 8 hours.

2C:58-3.1. Temporary transfer of firearms
1. a. Notwithstanding the provisions of N.J.S.2C:39-9, N.J.S.2C:58-2, N.J.S.2C:58-3 or any other statute to the contrary concerning the transfer or disposition of firearms, the legal owner, or a dealer licensed under N.J.S.2C:58-2, may temporarily transfer a handgun, rifleor shotgun to another person who is 18 years of age or older, whether or not the person receiving the firearm holds a firearms purchaser identification card or a permit to carry a handgun. The person to whom a handgun, rifle or shotgun is temporarily transferred by the legal owner of the firearm or a licensed dealer may receive, possess, carry and use that handgun, rifle or shotgun, if the transfer is made upon a firing range operated by a licensed dealer, by a law enforcement agency, a legally recognized military organization or a rifle or pistol club which has filed a copy of its charter with the superintendent and annually submits to the superintendent a list of its members and if the firearm is received, possessed, carried and used for the sole purpose of target practice, trap or skeet shooting, or competition upon that firing range or instruction and training at any location.

A transfer under this subsection shall be for not more than eight consecutive hours in any 24-hour period and may be made for a set fee or an hourly charge.

The firearm shall be handled and used by the person to whom it is temporarily transferred only in the actual presence or under the direct supervision of the legal owner of the firearm, the dealer who transferred the firearm or any other person competent to supervise the handling and use of firearms and authorized to act for that purpose by the legal owner or licensed dealer. The legal owner of the firearm or the licensed dealer shall be on the premises or the property of the firing range during the entire time that the firearm is in the possession of the person to whom it is temporarily transferred.

The term "legal owner" as used in this subsection means a natural person and does not include an organization, commercial enterprise, or a licensed manufacturer, wholesaler or dealer of firearms.

b.Notwithstanding the provisions of N.J.S.2C:39-9, N.J.S.2C:58-2, N.J.S.2C:58-3 or any other statute to the contrary concerning the transfer and disposition of firearms, a legal owner of a shotgun or a rifle may temporarily transfer that firearm to another person who is 18 years of age or older, whether or not the person receiving the firearm holds a firearms purchaser identification card. The person to whom a shotgun or rifle is temporarily transferred by the legal owner may receive, possess, carry and use that shotgun or rifle in the woods or fields or upon the waters of this State for the purposes of hunting if the transfer is made in the woods or fields or upon the waters of this State, the shotgun or rifle is legal and appropriate for hunting and the person to whom the firearm is temporarily transferred possesses a valid license to hunt with a firearm, and a valid rifle permit if the firearm is a rifle, obtained in accordance with the provisions of chapter 3 of Title 23 of the Revised Statutes.

The transfer of a firearm under this subsection shall be for not more than eight consecutive hours in any 24-hour period and no fee shall be charged for the transfer.

The legal owner of the firearm which is temporarily transferred shall remain in the actual presence or in the vicinity of the person to whom it was transferred during the entire time that the firearm is in that person's possession.

The term "legal owner" as used in this subsection means a natural person and does not include an organization, commercial enterprise, or a licensed manufacturer, wholesaler or dealer of firearms.

[tl_3237]

First, I suggest that you will get your best answer from an attorney licensed to practice in NJ (which I am - feel free to contact me by e-mail to discuss).

Second, I cannot give you legal advice as to your situation in this forum, but you should be aware that, according to the New Jersey Criminal Code, 2C:39-5, which reads, in pertinent part:

c. Rifles and Shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S. 2C:58-3, is guilty of a crime of the third degree.

Add-
Pistols are prohibited without NJ CCW (2C:39-5b);

There are various exemptions (professional and activity related) to the prohibition of 2C:39-5 enumerated in 2C:39-6 that must be considered.

[venom21]

First, I suggest that you will get your best answer from an attorney licensed to practice in NJ (which I am - feel free to contact me by e-mail to discuss).

Second, I cannot give you legal advice as to your situation in this forum, but you should be aware that, according to the New Jersey Criminal Code, 2C:39-5, which reads, in pertinent part:

c. Rifles and Shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S. 2C:58-3, is guilty of a crime of the third degree.

nothing is being purchased. the rifle was legally acquired several years ago. it is just a question of the legality of me taking it across state lines for target shooting. i just dont see the connection with having a purchaser id card and having it in my possession.

[venom21]

Add-
Pistols are prohibited without NJ CCW (2C:39-5b);

There are various exemptions (professional and activity related) to the prohibition of 2C:39-5 enumerated in 2C:39-6 that must be considered.

hey TL i see youre referencing handguns. i didnt make it clear in my first post but the gun in question is a really old rifle. not sure if that makes a difference though

[SSgt's Son]

V21,

First, never insert logic and common sense into the law.

Second, I know you are not purchasing anything. But the statute says that if you do not have a"firearms purchaser identification card" (which is actually known as a Firearms Owners Identification [FOID] card) and you are in possession of a firearm, then it is a 3rd degree crime. Period.

And many of the people who posted seemed to come up with the same opinion, though by different ways.