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NJ Hunter / New Jersey Politics & Guns / NJ Firearms ID Card / Shared shotgun with wife - is this legal?
Posted:  07 Aug 2008 8:42 AM
My wife and I are both currently going through the FID application process.  Assuming both of our cards come in without a problem and I purchase a shotgun thereafter, is she allowed to us it without being in my presence? 

To summarize - she and I will both have FIDs and I will have purchased the shotgun legally with an FID.  Can she and/or I get in trouble if she goes hunting without me and uses that shotgun? 

If this is "illegal," can we purchase it together with both of our FIDs?
Posted:  07 Aug 2008 8:45 AM
yeah can use it....its legal.... some of my friends whom i got into hunting all started off using my guns... some don't have an FID card still and they use my guns.... it's just if they do somethign stupid with it.. that i am worried about.. but they are all knowlegable
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Posted:  07 Aug 2008 10:03 AM
Yes, it is legal for her to use your weapon on the range or while shooting and in the field hunting.

FYI, NJ passed a new law in 2008 that requires you as a gun owner to have your fid card on you while transporting any gun you own. If your wife decides to go to the rnage one day without you for whatever reason and she takes a gun registered to you and is stopped by law enforcement she can be charged for illegal poss.

This law was passed to help lock up gang member and other scum bags. In my opinion it only makes us the law abiding people do more and get nothing in return since the bad guys never pay attention to these laws!

Make sure you have youe fid card on you when going to and from the range and only transport your own weapons.

Shoot Straight!
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Posted:  07 Aug 2008 10:09 AM
Quote:
yeah can use it....its legal....


You can not purchase it together.

Technically, when loaning a firearm for hunting in NJ the "transfer" has to take place in the field and the owner needs to be present.  With that said I have never seen it enforced.

If she is stopped in the field or on the road, it's HER firearm.  Remember that.  She is not "borrowing" it from you.  It's HERS if any LEO asks.
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"To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress.  Only a person free to choose to protect himself is truly respecting God's gift of life."  Ted Nugent
Posted:  07 Aug 2008 10:11 AM   Last Edited By: bloodtrails
Quote:
FYI, NJ passed a new law in 2008 that requires you as a gun owner to have your fid card on you while transporting any gun you own.


That's not true.  Unless this law just happened and I missed it.

Quote:
If your wife decides to go to the rnage one day without you for whatever reason and she takes a gun registered to you


There is no mandatory registration for firearms in NJ.
__________________
"To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress.  Only a person free to choose to protect himself is truly respecting God's gift of life."  Ted Nugent
Posted:  07 Aug 2008 10:13 AM   Last Edited By: ChrisM
Quote:
NJ passed a new law in 2008 that requires you as a gun owner to have your fid card on you while transporting any gun you own.

Please provide a citation for this law.
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"Democracy is two wolves and a lamb voting on what to have for dinner. Liberty is a well armed lamb contesting the vote" - Benjamin Franklin
Posted:  07 Aug 2008 10:13 AM
Thanks for the info, guys!  So let me get this straight - technically, she can not "borrow" my gun, but if we "both own" the gun, then it's legal?  If she tells the LEO that she owns the gun and he looks it up in the system (unlikely, but you never know, right?), won't it show up as registered in my name and not hers?  Then what will happen?
Posted:  07 Aug 2008 10:33 AM   Last Edited By: bloodtrails
Quote:
If she tells the LEO that she owns the gun and he looks it up in the system (unlikely, but you never know, right?),


There is no "system" to look it up in.

Quote:
won't it show up as registered in my name and not hers?


There is no mandatory firearms registration in NJ.  There is a voluntary form you can fill out.  Never register a firearm.

Quote:
but if we "both own" the gun, then it's legal?


Two people cannot technically own a gun in NJ.  If you really want to cover your ass, fill out a "Certificate of Eligibility" as if you are selling the firearm to your wife and keep it in your records.
__________________
"To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress.  Only a person free to choose to protect himself is truly respecting God's gift of life."  Ted Nugent
Posted:  07 Aug 2008 10:39 AM
I don't know of any law like this.  How would it be possible for a properly licensed 16 year old to hunt then by himself.  You can't get a fid at that age. Makes no sense.  To my knowledge the only reason you need a fid is to a. Purchase or B. handle a firearm at a dealer.
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Posted:  07 Aug 2008 10:40 AM
To my knowledge your wife should be fine. But it's worth taking a look into. Most of my guns are still in my dad's name because he handed them down to me when I started hunting.
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Posted:  07 Aug 2008 10:49 AM
Quote:
There is no "system" to look it up in.
Bloodtrails, this isn't correct.  I've run serial numbers on guns that I've recovered on the streets, and they do give the name and FID # of the last known person to own the gun in NJ.
I've also run someone's name in NCIC and SCIC to determine if they have any firearms registered to them.  I know for a fact that when I ran my own name in a training session it listed every gun I purchased in NJ.
In the case at hand, I'm sure the officer wouldn't give a woman a hard time if he ran the serial number and it came back to a male with the same address and last name.
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Posted:  07 Aug 2008 10:59 AM
I will get the details and get back to you. I have to look it up. This law pertains to tranporting firearms not issues in the field.

Shoot Straight!
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"All that evil needs to Triumph is for good men and women to stand by and do nothing"
Posted:  07 Aug 2008 11:00 AM
Quote:
Bloodtrails, this isn't correct.  I've run serial numbers on guns that I've recovered on the streets, and they do give the name and FID # of the last known person to own the gun in NJ.


That's true, but there is system to trace a private sale of a long gun.
__________________
"To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress.  Only a person free to choose to protect himself is truly respecting God's gift of life."  Ted Nugent
Posted:  07 Aug 2008 11:03 AM   Last Edited By: GWHunter
Quote:
Bloodtrails, this isn't correct.  I've run serial numbers on guns that I've recovered on the streets, and they do give the name and FID # of the last known person to own the gun in NJ.

That may be for hanguns. rifles/shotguns if this is true would only show purchases from gun stores as nothing is sent to anyone from personal transfers. the certificate of elgibility goes nowhere when this happens.
Posted:  07 Aug 2008 12:25 PM
Quote:
I've run serial numbers on guns that I've recovered on the streets, and they do give the name and FID # of the last known person to own the gun in NJ.
HuntfishNJ .... weren't they reported-stolen guns?

Quote:
I know for a fact that when I ran my own name in a training session it listed every gun I purchased in NJ.
Handguns? Or, long guns, too?

thanks
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Posted:  07 Aug 2008 12:59 PM
Another question to add to the confusion a bit, too - My wife wants to purchase a handgun (with a Pistol Purchase Permit, etc).  If I want to go to a shooting range with her handgun and without her, am I breaking the law, as well?
Posted:  07 Aug 2008 1:05 PM   Last Edited By: huntfishNJ
Quote:
.... weren't they reported-stolen guns?
not always.. and in cases where they weren't reported stolen it gave us a starting point to track back how the gun got in the bad guy's hands on the streets.
Quote:
rifles/shotguns if this is true would only show purchases from gun stores as nothing is sent to anyone from personal transfers. the certificate of elgibility goes nowhere when this happens.
I'm well aware of this, and was assuming in this instance that Kwadz was purchasing the long gun from a store.

Quote:
Handguns? Or, long guns, too?
both.. and the point I was making was that if an officer stopped your wife and ran the #'s on the guns (whether they be handguns or in the case of hunting weapons, shotguns) they would come back in NCIC and SCIC as your weapons, and any officer would put 2 and 2 together and realize if the guns weren't hers they were at least a relative in the same household.  I can't see any officer having any further questions at that point.
__________________
"Rednecks, white socks and Blue Ribbon Beer."

"Victory in Iraq is finally in sight; he (Obama)wants to forfeit. Al Qaeda terrorists still plot to inflict catastrophic harm on America; he's worried that someone won't read them their rights." Sarah Palin
Posted:  07 Aug 2008 1:08 PM   Last Edited By: bloodtrails
Quote:
Another question to add to the confusion a bit, too - My wife wants to purchase a handgun (with a Pistol Purchase Permit, etc).  If I want to go to a shooting range with her handgun and without her, am I breaking the law, as well?


Technically, yes, you are breaking the law.  She must be present and the transfer must take place at the range.  Just like in a hunting situation.

NJ truly is a pathetic state.
__________________
"To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress.  Only a person free to choose to protect himself is truly respecting God's gift of life."  Ted Nugent
Posted:  07 Aug 2008 1:20 PM
ok, so what i'm gathering is that (from huntfishnj), most likely an officer would not give her (or me) a hard time in this situation but (from bloodtrails), it is technically illegal.  Kinda like underage drinking in college - the RA in your hall is not going to have you arrested for drinking freshman year, but technically he could if he really wanted to be a hard ass. 

Thanks for all the info, guys - hopefully it never becomes and issue, but it's good to know where it stands!
Posted:  07 Aug 2008 1:24 PM   Last Edited By: Drop Tine
Quote:
FYI, NJ passed a new law in 2008 that requires you as a gun owner to have your fid card on you while transporting any gun you own. If your wife decides to go to the rnage one day without you for whatever reason and she takes a gun registered to you and is stopped by law enforcement she can be charged for illegal poss.
Quote:
This law pertains to transporting firearms not issues in the field.
This is not true I never heard of this law, beleive me we would all know about it and it would be very hard for anyone to pass such a stupid law as this First off it would totally eliminate all non-resident or out of state hunters from being able to bring firearms here to hunt, second all non-resident or out of state shooters in all types of shooting competitions held here in N.J. would not be able to bring there fire arms across state lines here to New Jersey and that will not be a easy law to get passed even here in the librle state of New Jersey

you must be mistaken shoot straight
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Posted:  07 Aug 2008 1:39 PM
Is shootstrait a LEO?
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Posted:  07 Aug 2008 1:45 PM   Last Edited By: Drop Tine
I'm not 100% sure but, I think I read that he is a retired Port Authority officer, injured on 911
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Posted:  07 Aug 2008 2:14 PM   Last Edited By: bloodtrails
Quote:
I'm not 100% sure but, I think I read that he is a retired Port Authority officer, injured on 911


I believe so.  Great guy, a hero, but mistaken in this case.

BTW, he's also a hero of mine because he promoted archery to millions of TV viewers on Deal or No Deal.
__________________
"To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress.  Only a person free to choose to protect himself is truly respecting God's gift of life."  Ted Nugent
Posted:  07 Aug 2008 2:28 PM
Quote:
BTW, he's also a hero of mine because he promoted archery to millions of TV viewers on Deal or No Deal.

I saw that.  I didnt know that was the same guy.  Awesome
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"Democracy is two wolves and a lamb voting on what to have for dinner. Liberty is a well armed lamb contesting the vote" - Benjamin Franklin
Posted:  07 Aug 2008 3:04 PM
Check out the following link to NJ State Police Firearms Info:  NJ STATE POLICE FIREARMS INFO & FORMS

If you are the purchaser of a firearm, you must be in the field to make a transfer for use by another individual, otherwise if you are not present and "loaning" the firearm to someone to use, you must complete the Certificate of Eligibility Form" and have it on your person when using the weapon.

Legally you still own the firearm, but transfer the firearm temporarily to a "qualified" individual.  If you wish to frequently loan the firearm to the individual, keep the form in a safe place. Whoever has the firearm in their possession is considered the "legal" owner when the form is presented to a LEO.

This does not apply to handguns.  Owners must be present at all times - No loaning of handguns is allowed. 

Although not enforced, the carrying of any firearms to or from a range or place of hunting you are required to have your NJ FID in your possession.

Hunting licenses have been accepted by LEO's in the past because of the fact that some people are shooting firearms purchased prior to the implementation of the NJFID.  But, unfortunately, times and firearms laws are changing and are not in favor of law abiding firearms owners.

Here is a link to the NJ State Police that provides a Rule Proposal to existing firearms laws:

NJ State Police Proposed Rule - Firearms & Weapons 39 NJR 12  ...
Posted:  07 Aug 2008 3:16 PM
Quote:
Although not enforced, the carrying of any firearms to or from a range or place of hunting you are required to have your NJ FID in your possession.


Not true.

Show me where is says this on that, or any site or law.
__________________
"To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress.  Only a person free to choose to protect himself is truly respecting God's gift of life."  Ted Nugent
Posted:  07 Aug 2008 3:18 PM   Last Edited By: ChrisM
Quote:
Although not enforced, the carrying of any firearms to or from a range or place of hunting you are required to have your NJ FID in your possession.

This is completely wrong.  Even our own NJSP do not know the law.  Here is the law as it is written in the books!

When reading this, remember that N.J.S.2C:39-5 is the law which requires a NJFID. 
Quote:
f. Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:

(1) A member of any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from a place of target practice, carrying such firearms as are necessary for said target practice, provided that the club has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent and provided further that the firearms are carried in the manner specified in subsection g. of this section;

(2) A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;

(3) A person transporting any firearm or knife while traveling:

(a) Directly to or from any place for the purpose of hunting or fishing, provided the person has in his possession a valid hunting or fishing license; or

(b) Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder; or

(c) In the case of a firearm, directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any rifle or pistol club, or any firearms collectors club, for the purpose of displaying the firearms to the public or to the members of the organization or club, provided, however, that not less than 30 days prior to the exhibition or display, notice of the exhibition or display shall be given to the Superintendent of the State Police by the sponsoring organization or club, and the sponsor has complied with such reasonable safety regulations as the superintendent may promulgate. Any firearms transported pursuant to this section shall be transported in the manner specified in subsection g. of this section;

(4) A person from keeping or carrying about a private or commercial aircraft or any boat, or from transporting to or from such vessel for the purpose of installation or repair a visual distress signaling device approved by the United States Coast Guard.

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Posted:  07 Aug 2008 3:21 PM   Last Edited By: Drop Tine
Quote:
Quote:
Although not enforced, the carrying of any firearms to or from a range or place of hunting you are required to have your NJ FID in your possession.
  Not true.

Show me where is says this on that, or any site or law.
I 2nd. That NOT TRUE

SHOW ME ANY ACTUAL STATE LAW ON THE BOOKS THAT ACTUALLY READS THIS
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Posted:  07 Aug 2008 3:22 PM
Quote:
SHOW ME ANY ACTUAL STATE LAW ON THE BOOKS THAT ACTUALLY READS THIS

Thats impossible, because the law on the books directly contradicts the NJSP statement.
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"Democracy is two wolves and a lamb voting on what to have for dinner. Liberty is a well armed lamb contesting the vote" - Benjamin Franklin
Posted:  07 Aug 2008 6:10 PM
If that's true than this would make it illegal for a 16 year old to hunt by himself. I think somebody is really confused here.  A few years back I was stopped coming out of the woods with my Dad's Shotgun.  The patrollman requested to run the numbers on the gun and requested my fid.  I told him I dont have a fid and that it was my father's weapon. He didn't give me any problem.  Maybe times have changed.  I'm happy I live in PA now if this is the case.  This would change so many NJ game laws I don't think it's true.  Please show supporting documentation that this is a real law.
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