New Jersey Hunters banner
1 - 15 of 15 Posts

SB5184

· Registered
Joined
·
109 Posts
Discussion starter · #1 ·
My Grandpa passed away about 20 years ago. He left behind a .45 WW2 semi auto and a .22 revolver he purchased in Utah. They have been bounced around over the years but I now have a chance to acquire them. I would like to do it legally if possible, so what would I have to do?
 
Do what you have to do to acquire them then do NOTHING else as they are yours legally. Not for nothing but check out the 45 closely. It could be worth a couple of hundred bucks to several thousand dollars depending on its make, model and condition. I would guess it's a Colt 1911 45. Right?
 
OP, can you clarify if the guns were actually willed to you or not? I don't think you have to do anything if the former, but if the latter, I think you're going to need permits.
 
Grandpa gave them to you as a present many years ago. You have always had those guns. Repeat as necessary
 
you must have something in writing saying they were willed to you..if you don't you must volunterily register them because they are pistols. the pd will tell you you need to apply for pistol permits..that is unnecessary
 
There is another part of the law that was written in n j a c 2C:39-5. That states

b.Handguns. (1) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree. (2) If the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person it is a crime of the third degree.

In addition to that it states
g. (1) The temporary possession of a handgun, rifle or shotgun by a person receiving, possessing, carrying or using the handgun, rifle, or shotgun under the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1) shall not be considered unlawful possession under the provisions of subsection b. or c. of this section.

And then this is the BIG one that pretty much excludes everything that you thought was OK the phrase is "nor receive" below.
2C:58-3. a. Permit to purchase a handgun. No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.

I agree with Flat when he said said "if you are not absolutely sure of compliance", "consult an attorney" I disagree with looking at only one statute.
 
OP, if the guns were directly willed to you, you can take possession of them without doing any paperwork - regardless of what state he lived in (although some states may have rules about paperwork for handguns leaving the state - like NY). If they were not willed to you directly (like they went to grandma or one of your parents) you will need permits for them and adhere to the One Handgun A Month (every 30 days actually). If the relative that legally inherited them lives in NJ you can to the transaction FTF, if they live in another state the guns will need to be sent to an FFL and transferred like any other firearm at a dealer.
 
OP, if the guns were directly willed to you, you can take possession of them without doing any paperwork - regardless of what state he lived in (although some states may have rules about paperwork for handguns leaving the state - like NY). If they were not willed to you directly (like they went to grandma or one of your parents) you will need permits for them and adhere to the One Handgun A Month (every 30 days actually). If the relative that legally inherited them lives in NJ you can to the transaction FTF, if they live in another state the guns will need to be sent to an FFL and transferred like any other firearm at a dealer.
And finally, here's the correct answer. ^^^
 
1 - 15 of 15 Posts