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NJ Hunter / New Jersey Politics & Guns / NJ Firearms ID Card / Giving someone a gun
Posted:  12 Jul 2007 3:23 PM
I have a question....(I should know this, but...)Someone offered to give me a gun.  Apparently it's muzzleloader that this guy gave to his father and the father won't be shooting anymore so he offered to just give it to me.  I have a FID card...is it legal to just give someone a gun?  Do I have to fill out any paperwork?  I want to make sure I'm above board.
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Posted:  12 Jul 2007 3:26 PM   Last Edited By: Double Lunger
I would think you would still have to do all the paper work for it to be legit .

Head down to the Police station and just ask to be sure .
Posted:  12 Jul 2007 3:29 PM
Good idea.
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My hunting prayer: Shoot straight, kill swiftly or miss cleanly
Hunt with your kids and you'll never have to hunt FOR your kids
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Posted:  12 Jul 2007 3:30 PM
you dont have to do any paperwork if you dont want, if you do then the gun will be registered to you, only thing i would do in your case is fill out a transfer of ownership form and thats all you keep a copy and seller keeps a copy this way if the gun is traced to any illegal activity the innocent one can prove it wasnt him.   either gun shop or police station will have the transfer of ownership form...

in new jersey long guns dont have to be registered to the state, only handguns have to be
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Posted:  12 Jul 2007 3:31 PM
I'm still totally unclear on exactly what you need to prove ownership of a gun in NJ.

OK, fathers and grandfather's guns are protected by grandfather laws right?  So I have a Gun A my dad gave me...the police raid my house because I'm dealing scratch and sniff stickers to white collar workers...they find Gun A (or I even tell them about it when they ask).  They confiscate it...now how do I prove it is mine legally?  How do I prove my dad bought it?

I go to court...does the judge ask me for a receipt from 1955 when my dad bought it as a little kid?

So we have an FID to "legally" purchase firearms...so then it can't possibly be assumed that all firearms in our possession have been legally purchased since we have an FID.  What if we moved from another state?

In the end, NJ is a fuggin total BS state when it comes to firearms and it's impedence on our Consititutional RIGHT to own them!  F'in bastard of a state.
Posted:  12 Jul 2007 3:32 PM
Quote:
Do I have to fill out any paperwork?  I want to make sure I'm above board.
You don't have to but You should...
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Posted:  12 Jul 2007 3:35 PM
Quote:
either gun shop or police station will have the transfer of ownership form
  Thanks Wing, that sounds like a plan.
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My hunting prayer: Shoot straight, kill swiftly or miss cleanly
Hunt with your kids and you'll never have to hunt FOR your kids
This is my band.  http://www.root80.com or http://www.myspace.com/root80
Posted:  12 Jul 2007 3:40 PM
Quote:
only handguns have to be


You have to register hand guns with the police department?

I mentioned this last year...but I was acquiring a gun from my brother (half, different last name) in NY...and the NY dealer said I didn't need to go dealer (NY/him) to dealer (NJ) and then dealer (NJ) to me...he said I could just sign a private sale document and that would suffice.  This is coming from an NY dealer on the NJ border...so what am I missing?  My concern here is that

A) I came across the border with a gun from a private sale, not from a transfer of ownership form.  Yet, somehow it is OK to go state to state with firearms for hunting purposes, or even target shooting?

B) If I get called into court 40 years from now...am I expected to brandish the private sale document?
Posted:  12 Jul 2007 3:42 PM
In addition, the police stations often don't know the answers.  I asked the Mount Laurel PD about gun transfers, etc...and they didn't have clear answers at all.  They put it back on me to "figure it out".  Aren't they the ones enforcing it, shouldnt they know the laws?
Posted:  12 Jul 2007 3:46 PM
One would think!  I'm going to be with an office right after work, I'll ask then.  This guy told me it was a muzzleloader from a kit....I can't wait to see what this thing is
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My hunting prayer: Shoot straight, kill swiftly or miss cleanly
Hunt with your kids and you'll never have to hunt FOR your kids
This is my band.  http://www.root80.com or http://www.myspace.com/root80
Posted:  12 Jul 2007 4:04 PM   Last Edited By: jerseyhunter
Quote:
This guy told me it was a muzzleloader from a kit...

Years ago you could buy muzzleloaders and kits through the mail. All you needed was a MO, or Check. They even sent out a warning as wheen this convienance would no longer be available. So depending on what years this all took place you may not need anything. I believe it was in the early 80's. But I'm sure there's way's of finding out exactly when.
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Posted:  12 Jul 2007 4:23 PM
if you have a nj firearms purchaser id card, you can legally possess any rifle or shotgun. you don't have to register it but a signed receipt with the date of sale or transfer can make it easier to prove or deny ownership later. concerning handguns, if you live in nj and want to obtain a handgun, you must obtain a handgun permit for that particular handgun, period. if the gun is located out of state, you have to go through an ffl holder to transfer ownership even if the handgun is a gift. the person can ship the gun via ups to a ffl dealer in nj and the nj resident would then pick it up using his handgun permit which is weapon specific. the only way a firearm would not have to be registered in nj would be in the case where a  non-resident lawfully obtains a firearm in their home state and then moves into nj at a later date, bringing his lawfully owned firearms with him. that person would not have to obtain any permits for those firearms only. they are also strongly encouraged to voluntarily register those firearms as they would have to prove that those firearms were obtained lawfully out of state while that person was a resident of the state where the firearms were obtained.
Posted:  12 Jul 2007 6:22 PM
If you want to be legal, the two of you must fill out the eligibility form, and each keep a copy.

Here is the form ....

http://www.state.nj.us/njsp/info/pdf/firearms/sp-634.pdf
Posted:  12 Jul 2007 7:35 PM
I am pretty sure you do not need a FID to buy or take ownership of a muzzleloader unless it's an Encore type that can be converted to a rifle. Bought my muzzy (Omega) from a sports store in Oklahoma and had it shipped to NJ and never needed to fill out any paper work (NICS) or provide my FID info.
Posted:  12 Jul 2007 8:25 PM
Quote:
OK, fathers and grandfather's guns are protected by grandfather laws right?  So I have a Gun A my dad gave me...the police raid my house because I'm dealing scratch and sniff stickers to white collar workers...they find Gun A (or I even tell them about it when they ask).  They confiscate it...now how do I prove it is mine legally?  How do I prove my dad bought it?


I guess in that situation the gun is the least of your problems.
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Posted:  12 Jul 2007 8:31 PM
Quote:
If you want to be legal, the two of you must fill out the eligibility form, and each keep a copy.

This is all you have to do.  You keep a copy and the seller/giver keeps a copy.
I save all mine in my safe deposit box at my bank.
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Posted:  12 Jul 2007 8:36 PM
Fill out the paperwork in duplicate. Buyer keeps one and the seller keeps one. At least if there's ever a problem, you have it. This does not register the gun since paperwork is not handed in but kept by you. Besides, long guns don't get registered in NJ.
Posted:  12 Jul 2007 8:58 PM
Quote:
I guess in that situation the gun is the least of your problems.


LOL you're so technical Tony!
Focus buddy, focus...just the gun part!
Posted:  12 Jul 2007 9:07 PM
also, in nj, a muzzleloader and a pellet or bb gun is considered a firearm and an air powdered bb pistol is considered a handgun and a pistol permit is needed to posses one.
Posted:  12 Jul 2007 9:27 PM
Quote:
bb pistol is considered a handgun and a pistol permit is needed to posses one.


Wrong.  A permit is only required to purchase one.  Not for possession.

Example:  I live in another state and legally purchase a BB (or any) pistol.  I then move to NJ.  I am not required to have a handgun "permit".
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Posted:  12 Jul 2007 9:47 PM
More NJ gun confusionThey make it so difficult here. I had similar issues several times in the past. I didn't know what to do so I took all guns I had that were purchased out of state or given to me and either sold the ones I didn't want at a dealer and had him fill out yellow form on the rest of them. He did yellow form on the handguns I purchased when I lived out of state without a pistol permit because I already owned them legally. Figured all the traveling with guns I do for shooting I better cover my ass.
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Posted:  13 Jul 2007 5:09 AM
Thanks everyone for your advice...especially old coot for a copy of the form!
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My hunting prayer: Shoot straight, kill swiftly or miss cleanly
Hunt with your kids and you'll never have to hunt FOR your kids
This is my band.  http://www.root80.com or http://www.myspace.com/root80
Posted:  13 Jul 2007 8:18 AM
You can get transfer of firearms forms from your local police station .