Black powder repro long arm sales in NJ..?
Hi Guys,
Apologies in advance for a potentially stupid question but navigating NJ gun law is like trying to scuba dive in mud...
I just had a gent from out of state ask if he could purchase one of my repro smooth bore muskets. Now, as far as I'm aware, purchasing one from outside of NJ and having shipped here presents no problems but I have never shipped to an out of state-er. so I defer to your superior knowledge - is it ok to do so or would we need to involve an FFL dealer or something of the sort? Do any of you know by any chance?
It all depends on the individuals state if PA then you could ship right to his house as its not considered a firearm in most of the free states.
Selling the gun FROM NJ may be an issue however. If you sell this to someone out of state, are you now violating NJ statute regarding transfer of firearms.
To be squeaky clean, I'd ship it to a dealer in the target state so that you have a paper trail. (If you bought to original arm in NJ, you would have a COE document with your name on it. You should also have documentation of your transfer to someone else.
CY6.
LUP
Call the state police firearms unit and ask them. they will give you the answers
Well I don't see any problem since NJ does not have any different laws for muzzeloaders than the federal law. Should be fine if you are shipping to a free state (I'm not sure about states like ca, ny, ct as they might have special state laws)
Here's the problem as I see it...
Under federal law, this is not a firearm, because it loads from the muzzle, and can not be readily converted to fire fixed ammunition (I'm assuming it can't).
But, under NJ law, it IS a firearm, because NJ only recognizes antique rifles as those mode prior to 1898.
Therefore, under NJ law, you would be in violation of 2C:58-3b, by transferring a firearm to someone who is not licensed as a dealer in the state, nor to someone who possesses a valid FID card.
This is why Cabelas, and other online places, will ship muzzleloaders direct to someone, but not if they're a resident of NJ (or a few other states). Because NJ, and those other states, consider the "item" to be a firearm.
Originally Posted By Tom488:
Here's the problem as I see it...
Under federal law, this is not a firearm, because it loads from the muzzle, and can not be readily converted to fire fixed ammunition (I'm assuming it can't).
But, under NJ law, it IS a firearm, because NJ only recognizes antique rifles as those mode prior to 1898.
Therefore, under NJ law, you would be in violation of 2C:58-3b, by transferring a firearm to someone who is not licensed as a dealer in the state, nor to someone who possesses a valid FID card.
This is why Cabelas, and other online places, will ship muzzleloaders direct to someone, but not if they're a resident of NJ (or a few other states). Because NJ, and those other states, consider the "item" to be a firearm.
See here's where I'm puzzled, I was told that a repro colonial era flintlock type musket a is
not considered a firearm in NJ.
In fact, I've actually never run into anyone at all who had trouble purchasing something like that online here. My concern is really the opposite - shipping things out of the state.
I think I may follow up with the State Police just to be sure. Thanks guys, very much appreciated!
Originally Posted By Bass-Ackwards:
See here's where I'm puzzled, I was told that a repro colonial era flintlock type musket a is not considered a firearm in NJ.
Unlike 18 USC 921a(16)(C), which says that an antique firearm is "any muzzleloader designed to use black powder, and can not use fixed ammunition"... NJ's 2C:39-1a defines an antique firearm only as one made before 1898. Therefore, in the federal eyes, a modern muzzleloader is not a firearm, but in the eyes of NJ, it is.
