inoperable or antique question
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    Fawn pinehillian's Avatar
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    inoperable or antique question

    hey all pine here, new to site, (did my intro) i read that if my 22 rifle is antique or inoperable i dont need firearm id card. the gun is from 60s and has no clip (magizine) and not sure how long ago it was fired. it was given to me buy a woman that husband had passed. any help thanx in advance

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    Fawn pinehillian's Avatar
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    sorry guys didnt mention im in nj.

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    Non Typical vdep217's Avatar
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    Nj has no distinction between modern or antique. And just because you currently don't have a magazine does not make it in operable. You already own the gun it seems so as long as you acquired it legally you are good
    rdfhunter likes this.

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    Rack Buck dac12's Avatar
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    missing magazine does not make it inoperable since you can still load one round at a time in the chamber. and as far as I know C&R does not effect guns in NJ and you still need an FID.

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    Fawn pinehillian's Avatar
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    i was given the gun 20yrs ago by a woman that her husband had passed, im assuming thats legal.

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    Dominant Buck rdfhunter's Avatar
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    Quote Originally Posted by pinehillian View Post
    i was given the gun 20yrs ago by a woman that her husband had passed, im assuming thats legal.
    It's not ...
    The act of killing is visceral .......




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    Dominant Buck bloodtrails's Avatar
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    Quote Originally Posted by pinehillian View Post
    i was given the gun 20yrs ago by a woman that her husband had passed, im assuming thats legal.
    It's not. Unless you both lived in another state (same state) at the time.

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    Non Typical tuny's Avatar
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    If a gun can not fire, "inoperable", it is not considered a gun under NJ law. Just removing a bolt or magazine is not enough to make it "inoperable" under NJ law.
    " Trout don't rise in the cemetery, so fish while you're able."
    A word to the wise......is not necessary, save it for the stupid ones!

  10. #9
    Monster Buck bronzecollector's Avatar
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    The only way to make it legal is to give it to me.
    RPK0620 likes this.

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    Non Typical Dlouis's Avatar
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    Here's an example of NJ and antique firearms...
    http://www.nydailynews.com/news/nati...icle-1.2119340
    (charges were eventually dropped)

    New Jersey retiree facing 10 years in prison for antique pistol during traffic stop



    Retired teacher and New Jersey resident Gordon van Gilder, 72, is facing felony gun possession charges after caught with an unloaded, antique flintlock pistol in his glove compartment.

    (NRA NEWS VIA YOUTUBE)
    BYNINA GOLGOWSKI
    NEW YORK DAILY NEWS
    Tuesday, February 17, 2015, 9:29 PM
    A 300-year-old flintlock pistol may be the exact kind of weapon the Second Amendment was written to protect.
    But for 72-year-old Gordon van Gilder – who's a collector of 18th century antiques – he says he’s facing up to 10 years in prison because he was found possessing such a weapon at a New Jersey traffic stop.
    "Beware of New Jersey. Don't come here. Don't live here," the retired teacher recently told NRA News following his big bust for unlawful, felony weapons possession in the Garden State.
    The Cumberland County resident said his own honesty got the best of him when he voluntarily revealed the unloaded, antique firearm to prying deputies late last year during a search of his vehicle.
    Even though antique guns aren't considered "firearms" under Federal law, New Jersy's gun laws treat them like any other modern-day weapon.
    The 300-year-old weapon, seen here, was in his glove compartment, which violates New Jersey law. The retired teacher also didn't have the proper paperwork for it, police said.

    (NRA NEWS VIA YOUTUBE)
    The pistol was wrapped in a white cloth in his glove compartment when he pointed it out to inquiring deputies who asked if he had anything they should be aware of, he said.
    The deputy inspected the weapon and then let him go. But once word got back to the sheriff, he said four officers arrived at his home the next morning to arrest him for its possession without having proper paperwork and with it having been improperly stored in a motor vehicle, violating state laws.
    "Here I am, a retired teacher coming out of his house in handcuffs, who had a flintlock pistol and now I'm charged as a felon. It's unbelievable. It's outrageous. It's an insult to decent people," he vented.
    But it's not only an insult. Van Gilder's felony offense could jeopardize his teacher's pension and right to vote, his attorney, Evan Nappen, who specializes in gun law cases, told Legal Insurrection.

    The 10-year sentence, which wouldn't have parole until the third or fifth year, could also mean life behind bars for the retiree, Nappen added.
    That's a risk van Gilder said he refuses to take.
    "I like to mind my own business and not bother anybody but I have no choice here. I've been thrown to the lions so I'm going to fight back," he said. "Maybe I did violate New Jersey law, but as a very wise man once said once upon a time, if that's the law, then the law's an ass."



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