Posted: 11/24/2010 9:32:45 AM EDT
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Hi everybody,
I have a couple of questions perhaps some of you may know the answer to or could possibly point me in the right direction. I have inherited some firearms from my grandmother in PA. These include rifles, shotguns, and pistols. Now question is what documentation do I need to bring these to NJ? Nothing? An FID card only? FID card and permit for every pistol? Must go through an FFL? Thanks for any help. |
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We discussed this issue just the other week here. However, here's the highlights:
Yes, you will need to go through an FFL, as the inheritance constitutes an interstate transfer of firearms. An FFL in either state can handle the transfer of the rifles and shotguns, but an NJ FFL must process the handguns. Therefore, it's probably best to use the same NJ FFL for everything. Per NJ statute 2C:58-3j, you do not need an FID or handgun purchase permits to acquire the firearms. You must be able to qualify to receive either an FID or purchase permit - meaning you can't be a convicted felon, a drug user, habitual drunkard, etc. IOW - you must be eligible to possess firearms in NJ. Your FFL will need to see proof of the inheritance. Discuss this with him ahead of time as to exactly what he wants... could just be a copy of the will... could be a letter from your attorney stating that these items were willed to you... it's up to the FFL to determine what type of proof he'll accept. The firearms must meet NJ legal standards. Those standards can be found in one of the stickied posts here, or your FFL can determine that at the time of transfer. |
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Quoted:
We discussed this issue just the other week here. However, here's the highlights: Yes, you will need to go through an FFL, as the inheritance constitutes an interstate transfer of firearms. An FFL in either state can handle the transfer of the rifles and shotguns, but an NJ FFL must process the handguns. Therefore, it's probably best to use the same NJ FFL for everything. This doesn't sound right to me. I thought there was an exemption(federal) to this if you are an heir to an estate. |
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I also thought I did not have to have an FFL do any type of transfer work, only if I wish to turn around and sell them.
I understand the inheritance to be an interstate transfer not an interstate commerce (which I believe would require an FFL) since it is an inheritance and no actual sale or commerce. Anyone care to further elaborate? |
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Quoted:
I also thought I did not have to have an FFL do any type of transfer work, only if I wish to turn around and sell them. I understand the inheritance to be an interstate transfer not an interstate commerce (which I believe would require an FFL) since it is an inheritance and no actual sale or commerce. Anyone care to further elaborate? 18 USC 922
(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;; So to answer your question: no, you do not need to go through an FFL if you inherit a firearm from a deceased friend or relative in another state. You are also incorrect about the "interstate commerce" statement. Any time a firearm is transfered from a resident of one state to a resident of another an FFL must be involved. Inheritance is simply an exception to the law. |
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Thanks for the help and info.
I will post the statutes for the state for future reference in case anyone ever needs it. 13:54-1.13 Firearms passing to heirs or legatees (a) Notwithstanding the provisions of this subchapter concerning the acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card shall not be required of an heir or legatee for the passing of a firearm, upon the death of its owner. A person so acquiring ownership may retain the firearm if he or she meets the requirements of N.J.A.C. 13:54-1.5 and 1.6. (b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of the firearm for the purpose of sale for a period of 180 days, which period may be extended by the chief of police or the Superintendent. During such period the firearm must be placed in the custody of the chief of police or Superintendent. (c) In the case of assault firearms or machine guns disposition shall be in accordance with N.J.A.C. 13:54-5.. 13:54-1.5 Prerequisites for a permit to purchase handgun or a firearms purchaser identification card (a) Every person issued a permit to purchase a handgun, or a firearms purchaser identification card, shall be 18 years of age and of good repute in the community in which he lives. (b) A permit to purchase a handgun, or a firearm purchaser identification card, shall not be issued to any person: 1. Who has been convicted of any crime; 2. Who is drug dependent as defined by N.J.S.A. 24:21-2; 3. Who has been or is then confined for a mental disorder in any institution; 4. Who is a habitual drunkard or an alcoholic; 5. Who suffers from a physical defect or disease which would make it unsafe for him or her to handle firearms; 6. Who knowingly falsifies any information on the application form for a permit to purchase a handgun or firearms purchaser identification card; 7. Who refuses to waive statutory or other rights of confidentiality relating to institutional confinement; or 8. Where the issuance would otherwise not be in the interest of the public health, safety and welfare. 13:54-1.6 Exception for physical disability, mental disorder or alcoholism A permit or identification card may be issued to a person who had previously suffered from a physical defect or disease, or mental disorder, or was an alcoholic if the applicant provides a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof that he or she is no longer suffering from that particular disability in such a manner that it would interfere with or handicap him or her in the handling of firearms. |