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Posted: 1/20/2009 10:47:53 AM EDT
I am a pa resident but in the military stationed (living) in nj. Do I need a firearms purchasers card just to posess my firearms? Or is it only needed for purchasing firearms?
Link Posted: 1/20/2009 11:37:11 AM EDT
[#1]
I think if you are living on base youre ok, otherwise I believe you need it. I would call the AG and see if you can get a straight answer from them.
Link Posted: 1/20/2009 12:34:39 PM EDT
[#2]
FID is only needed for purchasing long guns, and for possessing them outside of the exemptions.  What this means for you, is you can possess them where you're living, and can transport them, unloaded and cased, to and from a range, with no stops in between.  Without an FID, long guns are the legal equivalent to handguns, as far as possession goes.  Being .mil doesn't have any bearing on the matter.

You also can't purchase pistol ammunition without an FID - and in some shops, who don't understand the law, or are just playing CYA, you can't buy ANY ammo without it.
Link Posted: 1/20/2009 1:46:00 PM EDT
[#3]
Can you elaborate a little? Lets say I am the average joe and move to nj from pa. I want to bring my long guns over with me. Do I need a FID? What about if I own a pistol in pa and I move to nj...what do I need.

Thanks for the responses.
Link Posted: 1/20/2009 4:27:37 PM EDT
[#4]
You only need a FID card to buy firearms. You already own them legally, so you don't need one. Now if you plan on buying another long gun, you're gonna need to get one, and if you're gonna get a new pistol you're gonna have to apply for a pistol permit as well.
You MAY have a problem buying rifle caliber ammunition without a FID card, even though you legally don't need one. If you're looking for pistol ammo, you're gonna have to have a FID card.
Link Posted: 1/20/2009 6:14:58 PM EDT
[#5]
you need an ID card. it doesnt matter if you bought them legally in pa as a pa resident. when you move to NJ you need a firearms id card to legally own a gun. you dont have to tell them what you have, registration is voluntary. to legally own a gun in nj, its in the laws that people skim over and never really read. if necessary i can dig up the actual statute.
Link Posted: 1/20/2009 8:54:56 PM EDT
[#6]
Please do dig up the statute that says you must have an FID card to possess firearms in NJ.  And when you cite 2C:39-5c, and point out that it says:

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.


I'll then refer you to 2C:39-6e, which says that the above section does NOT apply to a person possessing a firearm in their residence, premises, or other land owned by them, or transporting said firearms from one residence to another while moving.  I'll then further refer to 2C:39-6f, which says that the above section also does NOT apply to one who is transporting a firearm directly to or from any target range.

Bottom line: If you're moving in from another state to NJ, you can legally bring any firearms that you own, provided that they are legal to possess in NJ (that means no "pre-ban" semi-auto rifles - no named "assault firearms" - no "assault pistols", no "assault shotguns", and no magazines over 15 round capacity).  You don't need an FID card (though it's encouraged - but not required), you don't need to register your firearms with the state.
Link Posted: 1/21/2009 5:43:07 AM EDT
[#7]
AFAIK Tom488 is correct. It is recommended that even non-residents who frequently shoot at a NJ range obtain a NJ FID card even though it is not a legal requirement.

Link Posted: 1/21/2009 6:29:51 AM EDT
[#8]
2C:58-3.j heirs, a little off point but the same thing, they acquired legally but still need a fid or sell it in 90 days. I am still looking for the one that I read, it was about a month ago and Im not sure where i read it but it was under the faqs about moving to NJ with firearms. Its just another way for them to get money. Oh and Im pretty sure he doesnt own the land where he is stationed, not that it would matter on fed. property like i said before. The bottom line is do you really want the headache to save 65 bucks?
Link Posted: 1/21/2009 6:47:21 AM EDT
[#9]
You don't need it to possess guns that you already own and are legal in NJ. But to save yourself hassle i would get one.
Link Posted: 1/21/2009 6:56:06 AM EDT
[#10]
2C:58-3.j heirs, a little off point but the same thing, they acquired legally but still need a fid or sell it in 90 days.

We must be reading different things - because the way I read 2C:58-3j, it says that a permit to purchase or an FID shall NOT be required for the passing of a firearm upon the death of an owner thereof to his heir.  The receiver of the firearm shall be subject to all OTHER provisions (ie., not a prohibited person).  If the receiver does NOT qualify to possess the firearm, THEN they have 180 days to get rid of it.
Link Posted: 1/22/2009 5:23:06 AM EDT
[#11]
im reading the same tom, but how do you think they will "qualify" you so to speak. Its my understanding from talking to people that have had to do this, that you need to apply for a fid to meet compliance. The faq I read about moving to NJ was worded the same way. am I absolutely sure that he needs it, no. would I personally risk it over 65 bucks, NO. I am not an attorney, if you are then you can offer your services to the gentleman who started this. Im not trying to argue with you, I am trying to help him not break any law or piss off any leos.
Link Posted: 1/22/2009 6:03:44 AM EDT
[#12]
How could you be requried to get an FID to receive a firearm as an heir, when the statue SPECIFICALLY says you don't need one?!

Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy.  The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter.


As far as what "other provisions of this chapter" means, it means you must meet the requirements of 2C:58-3c - not a felon, not a drug user, not a drunk, etc. etc.

If you don't meet those requirements (say you have a criminal conviction), then you have 180 days to get rid of it.  No, I'm not a lawyer.  I'm simply reading the actual law, and understanding what it says.  I'm not relying on some FAQ written by a non-authoritative person, or third-hand information (my cousin's sister's uncle's former roommate was told...)  You don't need a law degree to understand plain language in the law, and in this case, that law specifically says you don't need an FID.
Link Posted: 1/22/2009 9:27:28 AM EDT
[#13]
The statute is actually very clear. Keep in mind that "Notwithstanding" means "In spite of". Federal law also provides for the direct transfer of firearms at the bequest of a will across state lines without the use of a FFL. As always state law in both states must also allow such transfers and possession of all hand and long guns.



"Notwithstanding In spite of any other provision of this section concerning the transfer, receipt or acquisition of a firearm"
Link Posted: 1/22/2009 11:06:22 AM EDT
[#14]
Quoted:
I am a pa resident but in the military stationed (living) in nj. Do I need a firearms purchasers card just to posess my firearms?

NO

Or is it only needed for purchasing firearms?

YES



It's that simple.

Link Posted: 1/22/2009 12:05:49 PM EDT
[#15]
wow you guys are the biggest group of confrontational assholes i have had the pleasure to deal with. How it must feel to be so superior. You will never have to deal with me commenting again, good luck on banding together to affect change. this is why anti's are so succesful at lobbying, they stick together. So far here i have  been alienated and verbally abused. Goodbye.
Link Posted: 1/22/2009 12:11:30 PM EDT
[#16]
Quoted:
wow you guys are the biggest group of confrontational assholes i have had the pleasure to deal with. How it must feel to be so superior. You will never have to deal with me commenting again, good luck on banding together to affect change. this is why anti's are so succesful at lobbying, they stick together. So far here i have  been alienated and verbally abused. Goodbye.

Well. Ladida.  You have been told by LEOs, Attorneys and FFLs exactly what the law says and you still disagree.  GOODBYE

Link Posted: 1/22/2009 12:24:47 PM EDT
[#17]
Quoted:
wow you guys are the biggest group of confrontational assholes i have had the pleasure to deal with. How it must feel to be so superior. You will never have to deal with me commenting again, good luck on banding together to affect change. this is why anti's are so succesful at lobbying, they stick together. So far here i have  been alienated and verbally abused. Goodbye.



Go back to the NJCSD site where you came from and troll there genius. We have enough know it all "assholes" here already.
Link Posted: 1/22/2009 12:40:30 PM EDT
[#18]


Quoted:


wow you guys are the biggest group of confrontational assholes i have had the pleasure to deal with.


Geez dude, if you think we're the "biggest group of confrontational assholes" you should have been around when Helldog would come to your house, kick your ass and rape your dog if you posted nonsense in this forum. That said there is no reason to take anything we disagree on on a personal level here.  

 
Link Posted: 1/26/2009 5:19:48 AM EDT
[#19]
Thanks lugerman. That is what I wanted. yes or no...
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