New Jersey Hunters banner

Giving a Shotgun as a Gift

24K views 27 replies 16 participants last post by  230grain hollowpoint  
#1 ·
The "Legal loophole lets felons to buy ammo" thread has raised a few questions for me.

I have a hypothetical question... What is the law about giving/recieving a firearm as a gift? The laws about needing a FID card to purchase a firearm are very clear, but I am unsure about the legality of giving a firearm to someone who has a NJ hunting liscense but not a FID card.
 
#3 ·
For long guns it is perfectly legal. Handguns the receiptant will need both an FID card and a handgun permit. The info must be transferred over. However, remember if the long gun is ever used in a crime and the police trace the serial number IT WILL COME BACK TO YOU.
 
#6 ·
The info must be transferred over.


Can you please clarify... what info must be transfered and to where? Thanks
For a handgun they receiptant needs to have a Handgun permit issued by the local PD. Upon the transaction the permit must also have the information such as name, address, occupation (I think), make, model, serial #, etc on the permit. Then one copy goes to the recieptant, another copy to the seller, and one to the State Police.
However, for long guns (Shotguns, rifles, muzzleloader) that type of registration is not required, but voluntary. All form can be picked up at your local PD.
 
#8 ·
Is he illegal when he goes hunting or to the range?
If he purchased a valid NJ hunting liscence, he is good to go.

The "range transport" is sketchy - technically the NJFID card I have mentions nothing about transportation.

PM Bloodtrails - he is better versed in this stuff than me.
 
#9 ·
Thanks. I would never even consider giving a handgun as a gift, but I have always wanted to give my son/daughter (if I ever have any in the future) my first shotgun after they obtain their NJ hunting liscense. I would also hope that they could p [no swearing please] it on to one of their children later down the road.
 
#11 ·
For long guns it is perfectly legal.
I was incorrect. Here is the information straight from NJ Criminal Code 2C:58-3 Purchase of Firearms.

b.Firearms purchaser identification card. No person shall sell, give, transfer, assign or otherwise dispose of nor receive, purchase or otherwise acquire an antique cannon or a rifle or shotgun, other than an antique rifle or shotgun, unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or possesses a valid firearms purchaser identification card, and first exhibits said card to the seller, donor, transferor or assignor, and unless the purchaser, assignee, donee, receiver or holder signs a written certification, on a form prescribed by the superintendent, which shall indicate that he presently complies with the requirements of subsection c. of this section and shall contain his name, address and firearms purchaser identification card number or dealer's registration number. The said certification shall be retained by the seller, as provided in section 2C:58-2a., or, in the case of a person who is not a dealer, it may be filed with the chief of police of the municipality in which he resides or with the superintendent.
 
#12 ·
If he purchased a valid NJ hunting liscence, he is good to go.

The "range transport" is sketchy - technically the NJFID card I have mentions nothing about transportation.
This is what I have found about transporting.

g.All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances.
 
#16 ·
The "range transport" is sketchy - technically the NJFID card I have mentions nothing about transportation.
You must have a different card that me. Mine says "Purchase and carry rifles & shotguns".

I never lock my guns in the trunk because I have a pick up. If I am going to stop for coffee or something the guns are in an unlocked case in the cab other times the guns are in the bed. My hand gun is in a locked case when I transport it.
 
#17 ·
Mine says "Purchase and carry rifles & shotguns".
I got this in September and it reads "hereby granted permission to purchase rifles and shotguns pursuant to provisions of N.J.S 2C:58-3 with amendments and supplements."

230, maybe you should update your card.:p
 
#18 ·
If you purchase the weapon you need a FID and the gun is recorded in YOUR NAME If you are going to transfer that gun to some else you must first keep a record of who you gave or sold it to and I do beleive the person you transfer it to must have a fire arms I D card. I do no that this pertains to somebody who purchases one of your guns.
 
#22 ·
As for giving away a shotgun it is totaly cool to do if your giving it to an antigun Senator as a gift uring an election year and you are a Union offical in a Red state. Otherwise it's a no no. Just ask Sara Brady about when she bought her nephew a "Simple Deer rifle" as a Christmas gift.
 
#23 ·
I think I'm gonna return the shotgun I got my wife for Xmas
Wvinter, you better not get her a vacuum cleaner instead. She may strangle you with the cord. [rofl]

So what is the final verdict? Legally OK to give a shotgun/rifle as a gift to someone with a NJ hunting liscense but not a FID card or not legally OK?
 
#24 ·
It is the responsibility of the seller of the firearm to ascertain that the buyer has a Firearms Purchaser Identification Card plus one additional form of identification and a completed Certificate of Eligibility. A Certificate of Eligibility can be obtained at any licensed firearms dealer.
So in other words, if you are giving a firearm as a gift the person who you are giving it to must be qualified to own that firearm. In NJ that means having a NJ FID card. You must then transfer ownership to that person using the Certificate of Eligibility mentioned above.