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Discussion Starter · #1 ·
My father-in-law in TX had died and left behind an old Marlin .22LR rifle that no one in the family in TX wants. In a few weeks, I'll be down there for the holidays and I wanted to either bring it back with me on the plane or have it shipped back to NJ.

The gun technically belongs to my mother-in-law but she's in a nursing home and is barely coherent to know that it even exists so I don't want to go there. Is there any special paperwork or process I need to follow in order to "take it off their hands" and have it here legally in NJ?

Do I go to an FFL down there and have them ship it to me or can I put it into a hard case and check it in as luggage? Someone in another forum suggested I fill out an Certificate of Eligibility when I'm down there and get a TX FFL involved. I was hoping to just take it with me on the plane.

Anyone with advice or similar experience? Btw, I do have an NJ FID card.
 

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Legally you will have to transfer it from her. All private interstate firearms transfers must go through an FFL. You can go to one in Texas and bring it back with you.
 

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Discussion Starter · #4 ·
Wow. It looks like in Texas there is no Transfer of Ownership since there is no gun registry at all. I guess problem solved.
 

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CHECK WITH THE AIRLINE CONCERNING THERE POLICIES. FOLLOW THERE RULES. MOST LIKELY, ALL YOU'LL HAVE TO DO IS PLACE IT IN A CASE THAT IS LOCKED, DECLARE IT AT THE AIRPORT AND TSA WILL TAKE IT FROM THERE. WHEN YOU ARRIVE HERE, IT COMES OUT WITH YOUR OTHER LUGGAGE. PICK IT UP AND HEAD HOME. BEST BET THOUGH, IS TO GO THROUGH LEHIGH VALLEY INT AIRPORT. I ALWAYS FLY WITH MY PISTOL AND FLY OUT OF LEHIGH BECAUSE THEY ARE VERY GUN FRIENDLY. JUST RECENTLY FLEW BACK FROM DALLAS TO LEHIGH. NO PROBLEMS.
 

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All private interstate firearms transfers must go through an FFL.
This is not completely accurate, but in your situation it applies. As the gun was inherited by your mother-in-law, it's being transfered to you by her. Thus the transfer must go through an FFL and you must be able to take possession of the long gun under the laws of your home state (ie.. you must have NJ FPID).

If however, the gun was left directly to you, there is an exemption under the federal laws, and you could simply take possession of the gun in TX and bring back with you
 

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MTH, YOUR LAST SENTENCE TELLS IT CORRECTLY. TAKE POSSESSION OF THE DAMN RIFLE, BAG IT, DECLARE IT AND FLY THE HELL HOME WITH IT! ALL THIS LEGAL SMEGAL BALONEY IS NOT NECESSARY! ALL THE TSA DOES IS MAKE SURE IT'S NOT LOADED AND LOCKED IN THE PROPER CASE. AND IT DOES NOT HAVE TO GO THRU AN FFL. THAT'S TOTAL BS.
 

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I think the state getting involved on transporting guns or transferring guns from one to another is ridiculous. If you can legally possess a gun in the states then just bring it home. All they want is to get your money and be all in your business. I lived in another state prior to our lovely state of NJ. I brought several rifles with me and never informed the state nor do I have any intention of it either. It is our right to bear arms I do. It is nobody's business to know that I have arms nor how many. That is my take on it. Sorry if I offend some people.
 

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Discussion Starter · #10 ·
I posted this on the TexasGunTalk.com site as well and it seems that the transfer of any firearm from one resident of TX to another is done without any paperwork at all because there is no gun registry in TX. I, however, am a non-resident, and according to federal laws, if the gun is going to leave the state permanently, it needs to be documented somewhere for federal law compliance. If I were to buy a gun in a TX store with a Texas driver's license then all is OK. But because I have a NJ DL, then they have to check NJ FID, NICS before they sell it to me. At least, that's what it's implied.

But because this is a relative's gun and I'm from NJ not TX, I need to transfer the ownership at an TX FFL to comply with federal law, not TX law. Ugh.
 

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Discussion Starter · #12 ·
So, as a follow up. Over Christmas, I took the rifle to a gun shop in Austin with my brother in law and mentioned that I wanted to transfer the "title" of the rifle from my brother-in-law to me or whatever the equivalent was for doing that legally and take it with me back to NJ. I mentioned the Certificate of Eligibility required for NJ. He downloaded the form and laughed about the part where it mentioned that it was required for black powder and BB rifles. I could see he was a little confused what to do and finally mentioned that if it's a private sale/transfer, there was no reason for him to be involved. He said to just get a case at Academy sports, a few locks and declare the rifle when checking in.

So I did just that. At Bergstrom airport, I went to the check-in counter and mentioned I have a firearm. I was given an orange card to sign that states that the firearm is unloaded. She then asked for me to take it to the TSA inspection station right next to the counters. The TSA guy asked me to remove the locks, which I did. He lifted the lid of the case, glanced at the rifle and asked to lock the locks. He then ran that white anti-tamper cloth to wipe the edges of the case and put it on the conveyor belt.

At Newark Airport, I had to go to the odd-size baggage to pick it up and that was that.
 

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Its such a shame how this state makes ppl feel like a criminal when it comes to guns...
 

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My friend just came back from TX and he drove. He came back with a S&W 40 given to him by his brother.

REMEMBER, YOU DON'T HAVE TO REGISTER ANY GUN IN NEW JERSEY EITHER!
Does that include pistols ????
 

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Just make sure it's not one of those old school marlin 22's that take like 20 rounds and are considered assault weapons here in NJ. You will have to change the tube first if it is.
 

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Foolhardy,

I hate to tell you this but you're violating federal law. All private interstate firearms transactions must gothrough an FFL (with the exception of inheritence)

Diverrk,

Same thing with your friend. Not only must he transfer through an FFL but he will also need a NJ Handgun Permit to Purchase to complete the sale legally.
 

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Discussion Starter · #17 ·
It is an old school one that holds about 20 rounds but it is a bolt action which I read is exempt from the assault weapons rule. So if I were to do this all over again with me bringing the rifle, my brother-in-law and myself to the TX FFL, what happens next? Does the FFL ship the rifle to my NJ FFL or do we fill out some transfer form there and I can take it back with me?

Thanks.
 

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Bloodtrails is spot on.

Foolhardy,

I hate to tell you this but you're violating federal law. All private interstate firearms transactions must gothrough an FFL (with the exception of inheritence)

Diverrk,

Same thing with your friend. Not only must he transfer through an FFL but he will also need a NJ Handgun Permit to Purchase to complete the sale legally.
The gun needs to be shipped to an FFL here in NJ, and you need to pick it up from the NJ FFL and fill out the COE to take possession of the rifle, or a P2P for the handgun. That's the legal way. Case closed. There are many other ways to get it to NJ. Those other ways could land you in prison.
 
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