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Montoya

Question about a private sale

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Hi everyone, recently my friend moved into a new house (non FID holder) when he was cleaning out his basement he found a Remington 7600. I am an FID holder and would be interested in buying it off of him. Can this be done? What are the laws pertaining to this?

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A non-FID holder can transfer a rifle that they own legally to an FID holder using a COE(Certificate of Eligibility http://www.njsp.org/info/pdf/firearms/sp-634.pdf ). Fill out two copies, one for the Transferor and one for the Receiver, and leave the "Transferor's Firearm ID Card Number" slot empty.

 

I cannot comment on the legality of your friend being the legal owner of the rifle as I do not know what the law says about that.

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Alright so we fill out a COE and thats it? Who do we submit the form to?

 

 

EDIT: Yes thats what we are trying to figure out, can this be done legally period? Or does he have to turn in the rifle since he has no FID.

 

The forms do not get submitted anywhere. Technically the intent is that you each keep one copy of the form, however the law does not mandate that anyone keep them, only that you complete the form. In theory you could complete it and shred it immediately after. Personally, I keep copies of all of my COEs in a safe place.

 

I believe that the only two ways a NJ resident and non-FID holder can acquire a firearm is if they purchased it legally while a resident of another state, or it was left to them in a will. Buying property and finding a gun is not something I'm 100% sure about.

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Alright, so should I suggest he call the police and ask? I'm assuming one way or another he will have to get rid of the rifle since he doesn't have an FID.

 

If he calls the police they will tell him to turn it in to cover their own ass. The only definitive answer I would trust is one from an attorney.

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Kind of odd for someone to leave a rifle behind like that. Was it well hidden in the basement or something? If it was buried or in a wall or something ..then that might not be average rust on it  :codemafia: 

If that happened to me and it looked merely forgotten , I would probably attempt a courtesy call to the previous homeowner. If it looked intentionally hidden I would probably go ahead and just turn it in .. DO NOT WANT ! lol

Not legal advice , just how I personally would handle it.

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Regardless if it was found in NJ or any other state. The rifle could be stolen or might have been used in a crime. Or maybe it is just forgotten, and the rifle is free and clear legally.

 

Is there a way to get it "checked out" (serial numbers) without any charges bought against the person who found it ? And if the person who found it, wants to sell someone with an FID or FFL  I think they should be able to ...IF the rifle is worth restoring...and (legal) not stolen.

 

The other solution,.... if it isn't worth restoring, is to wait for one of those gun buybacks and get $100 or whatever out of it.

.

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Alright, so should I suggest he call the police and ask?

 

Never.

 

The forms do not get submitted anywhere. Technically the intent is that you each keep one copy of the form, however the law does not mandate that anyone keep them, only that you complete the form. In theory you could complete it and shred it immediately after. Personally, I keep copies of all of my COEs in a safe place.

 

I believe that the only two ways a NJ resident and non-FID holder can acquire a firearm is if they purchased it legally while a resident of another state, or it was left to them in a will. Buying property and finding a gun is not something I'm 100% sure about.

This ↑ is the correct information. Legal if purchased when you or your friend were ever a resident of another state, not legal if found in a basement. No paperwork goes to the state so any transfer is between the two of you. Now you and your friend need to work this out however you are comfortable.

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No , but I would check to see if the TV was forgotton by the previous owner. When we moved into this house I found a Barbie doll set from the 50's tucked into a cabinet in a walk in closet. Looked it up and it was a first edition , worth a few thousand bucks. Called the previous owner  . She was incredibly grateful , had no idea they were worth that . Then I went to sleep at night , KWIM?  She had hired a moving/packing company , she was older , and they did a lousy job as I found stuff all over the place while cleaning out preparing to move in.

And if the TV had not been forgotten , I would not be worried that it was the tool used in the commission of a homicide . You have had better analogies ;)

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There is sort of a "Finders Keepers" Law in NJ. If you find something and turn it in to the PD, and the item is not picked up in 90 days, the founding party can claim ownership to it.

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Its pretty rusted and not in usable condition. But yes I will tell him that. And if they the previous owners abandoned it then what?

 

IANAL!

 

That being said, I'd MAKE SURE IT'S UNLOADED, then scrape the rust off & work the action & lube it.  Then I'd save it for the next Buy-Back (which I don't believe in BTW).  It came with the house, it's transferred property, and even though it's a POS, it might make a dinner out.  If it is a homicide weapon it would have been dismantled, bent in a vice so a test would be inconclusive or impossible and disposed of in pieces (the swamps of the Meadowlands have LOTS of metal parts in them, lol).

 

Odds are an older person stashed the gun.  Lots of firearms are stashed by older folks who remember the Second World War and how it started years prior with gun confiscations.  My next door neighbor found a 12 ga. SxS  (hammer gun with ears) stashed in a wall in an upstairs bedroom, LOADED!  Old people in nursing homes don't remember these things.........

 

Just my OPINION and worth every penny you spent to get it!

 

IANAL!

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No , but I would check to see if the TV was forgotton by the previous owner. When we moved into this house I found a Barbie doll set from the 50's tucked into a cabinet in a walk in closet. Looked it up and it was a first edition , worth a few thousand bucks. Called the previous owner  . She was incredibly grateful , had no idea they were worth that . Then I went to sleep at night , KWIM?  She had hired a moving/packing company , she was older , and they did a lousy job as I found stuff all over the place while cleaning out preparing to move in.

 

And if the TV had not been forgotten , I would not be worried that it was the tool used in the commission of a homicide . You have had better analogies ;)

Now you are worried the gun was used in a homicide. Wow you have an active imagination.

 

If the rifle had been used in a homicide, nobody would ever know and nobody would ever determine it. And it would have been nobody you ever had contact with but the prior owner would have. Legal peril almost zero. What if the TV was used in a murder?

 

Glad she was so grateful. If you had found a gasoline tank that wasn't registered with the NJDEP, and gave her a call about it, you would not have been grateful about her response. She would have told you tough shit and don't call here anymore.

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IANAL!

 

That being said, I'd MAKE SURE IT'S UNLOADED, then scrape the rust off & work the action & lube it.  Then I'd save it for the next Buy-Back (which I don't believe in BTW).  It came with the house, it's transferred property, and even though it's a POS, it might make a dinner out.  If it is a homicide weapon it would have been dismantled, bent in a vice so a test would be inconclusive or impossible and disposed of in pieces (the swamps of the Meadowlands have LOTS of metal parts in them, lol).

 

Odds are an older person stashed the gun.  Lots of firearms are stashed by older folks who remember the Second World War and how it started years prior with gun confiscations.  My next door neighbor found a 12 ga. SxS  (hammer gun with ears) stashed in a wall in an upstairs bedroom, LOADED!  Old people in nursing homes don't remember these things.........

 

Just my OPINION and worth every penny you spent to get it!

 

IANAL!

 

 

Pretty much this. This is your best "legal" option, even though the legality of buybacks are questionable. 

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Now you are worried the gun was used in a homicide. Wow you have an active imagination.

 

If the rifle had been used in a homicide, nobody would ever know and nobody would ever determine it. And it would have been nobody you ever had contact with but the prior owner would have. Legal peril almost zero. What if the TV was used in a murder?

 

Glad she was so grateful. If you had found a gasoline tank that wasn't registered with the NJDEP, and gave her a call about it, you would not have been grateful about her response. She would have told you tough shit and don't call here anymore.

I'm actually not worried about anything , just sharing what I would do. It might mean something to somebody for any amount of reasons , so I would try to do the right thing and return it if possible . Just the way my parents raised me :onthequiet:  

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I suggested my friend consult with his cousin who is a lawyer seems to be the best way to get advice. And I also encouraged him to try to contact the previous owners.

Good advice, generally.

 

I will point out though, that most lawyers know their field and not much outside of it.

Mergers and acquisitions attorney? No good in a criminal case. Criminal defense attorney? Don't count on him for your real estate closing. Etc.

 

And NJ gun laws are an especially murky river to be swimming in.

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