NJ Gun laws work as intended

[maintenanceguy 510]

Purchasing in PA and bringing it home without an FID is completely legal.

 

NJSA 2C:39-5. c.

Rifles or Shotguns – Any person who knowingly has in her possession any rifle or shotgun without first having obtained a firearms purchaser identification card is guilty of a crime of the third degree. The purchaser identification card also must be obtained to acquire a rifle or shotgun. The same card is used for both the acquisition and possession.

 

2C:39-6.e.  

Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

[Oakridgefirearms 224]

31 posts of this again?

 

- NJ law only applies in NJ

- You need to fill out a COE when purchasing a long gun firearm outside of NJ because federal law requires FFL dealers to follow all laws of both the sellers and buyers state when selling firearms, there is no law requiring a buyer keep a COE (or a pistol permit) after the purchase is complete, you can throw it away if you want to.

- Airguns are not firearms under PA and federal law, so purchasing one in PA does not require any paperwork.

-FPID cards and HG purchase permits are not required to own firearms or transport them inside the exemptions in NJ.

-Bringing antique, muzzle loader or air rifles and pistols back to NJ is legal if purchased in a state that does not have a law prohibiting such a purchase (which would be almost all other states outside of NJ).

 

The only legal question (as has already been mentioned) is the legality of discharging the air rifle in the town where the friend lives.

[jackandjill 683]

Lets spice this up little... can I buy a pellet gun in Mexico and put it on flight to EWR :-)  ? Apparently you can buy in Walmart there without an FID. 

[njJoniGuy 2,131]

“Never argue with a fool, onlookers may not be able to tell the difference.”
― Mark Twain

[Blacksmythe 71]

Blah, blah, blah.

[Burns 16]

Oh crap I am in trouble I bought a pellet gun in PA over the summer and I did not show the lady at the register my FPID card or did I fill out a COE.

[Mr.Stu 1,922]

Go to jail. Go directly to jail. Do not pass Go. Do not collect $200.

 

Sent from my SCH-I800 using Tapatalk 2

 

 

[Kingsoverqueens 10]

Oh crap I am in trouble I bought a pellet gun in PA over the summer and I did not show the lady at the register my FPID card or did I fill out a COE.

But you HAVE an FID.  

 

The guy in the OP's situation doesn't have an FID.

 

Therein lies the difference, no?

[Scorpio64 5,154]

As far as I know, a firearms PURCHASER ID is required only to buy a firearm in NJ.  One is not legally required to have a FPID to simply own a firearm.  If I go to a state where legal transfer of long guns is a simple matter of handing cash to someone and they hand me a long gun, all federal and state requirements (of that state) have been met.

 

This is not just a dead horse, it's rotting now.  I guess NJ residents are so used to firearms owners being persecuted that they simply cannot believe that BB guns are STILL just a toy.  However, in defense of the bed wetters, getting pulled over with a bb gun without having a FPID would likely prove to be an expensive (albeit unnecessary) hassle.

[CMJeepster 2,778]

Thanks for keeping & explaining the P in FPID.  That's a burr under my saddle when reading posts on this board.  Perhaps it's my OCD kicking in...

 

Personally, I'm not a bed wetter and didn't take any chances bringing my pellet rifle into this state.  I don't take chances when transporting it or my "real" firearms.  Hell, after what they did to Ms. Allen, I'm ultra-paranoid.

[Scorpio64 5,154]

Thanks for keeping & explaining the P in FPID.  That's a burr under my saddle when reading posts on this board.  Perhaps it's my OCD kicking in...

 

Personally, I'm not a bed wetter and didn't take any chances bringing my pellet rifle into this state.  I don't take chances when transporting it or my "real" firearms.  Hell, after what they did to Ms. Allen, I'm ultra-paranoid.

And that is exactly how the progressive liberal machine wants you to be.  The dynamic is similar to domestic violence.  Stand up for yourself and you will probably get a beating.

[CMJeepster 2,778]

Hopefully following the rules and paranoia will keep me safe.

[Newtonian 453]

Rifles or Shotguns – Any person who knowingly has in her possession any rifle or shotgun without first having obtained a firearms purchaser identification card is guilty of a crime of the third degree. The purchaser identification card also must be obtained to acquire a rifle or shotgun. The same card is used for both the acquisition and possession.

 

If this is the exact wording of the law then OP is correct. If this is a paraphrasal then he may or may not be correct. The only out I see here is if you're male this doesn't apply to you. It says "in HER possession."

[CMJeepster 2,778]

Rifles or Shotguns – Any person who knowingly has in her possession any rifle or shotgun without first having obtained a firearms purchaser identification card is guilty of a crime of the third degree. The purchaser identification card also must be obtained to acquire a rifle or shotgun. The same card is used for both the acquisition and possession.

Citation please.

[Newtonian 453]

Citation please.

I was quoting the OP. If he cut/pasted it from an actual law then he appears to be right. If he made it up then you guys may be right.

 

Seems like something is "off" with that law though. 

 

OP, where did you get this from?

[Newtonian 453]

Rifles or Shotguns – Any person who knowingly has in her possession any rifle or shotgun without first having obtained a firearms purchaser identification card is guilty of a crime of the third degree. The purchaser identification card also must be obtained to acquire a rifle or shotgun. The same card is used for both the acquisition and possession.

Citation?? Where did you get this from????

[mark_anthony_78 0]

The "quote" is mostly correct:

 

2C:39-5c: Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

 

 

However, let's not forget about the exemptions in 2C:39-6.

 

Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

 

 

So if you are operating OUTSIDE that exemption, you need an FID.   Otherwise, you're good.

[Down South 9]

Wow all this BS over a bb gun ..

[Scorpio64 5,154]

Maybe this will be helpful.  Last year I bought a rifle from a NJ LGS.  The transaction got hung up in the NICS system so I went home.  The following day I was contacted by the LGS to come and pick up my rifle, NICS went through.  When I got down there I realized I forgot my FPID.  The sales dude said it was not a problem.  I had already LEGALLY purchased the rifle according to NJ state law.  I did not need my FPID to transport it home.

 

Sooooo.....

 

If I go to PA (with or without a FPID) and buy a BB gun, rifle, shotgun or whatever else I can buy there legally in accordance with PA's laws (but is not on NJ's banned list) I can transport it home and sit on my porch all day long polishing the bolt with impunity.  I can go to PA and buy a 50 rd drum magazine or an AR with adjustable stock, pistol grip and bayonet with threaded muzzle and A2 Birdcage .  What I CANNOT do is bring them home to NJ.

 

BB/Pellet gun is 100% legal to purchase in PA and bring home to NJ.  A Gammo Whisper though might cause problems.

 

HOWEVER....

 

If the place I buy from in PA is not a multinational conglomerate (ie just a regular small privately owned business) and has a NJ FFL and a PA FFL, then the gun shop will probably not sell you something that could cause them to get dragged into court for any reason.  Getting sucked into a long and expensive battle, even if the LGS knows they will win, is not worth the expense and aggravation.  The further into PA you go, the less concerned a LGS will be about NJ pissing on their parade.  Go to Carlisle and the LGS will not think twice about selling you a 50 rd mag, go to Philly or Allentown and you will be met with resistance.

 

That's about how it is.

 

The only time I ever flinched was when I was driving through South Carolina, on my way back to NJ,  and considered buying a .177 pellet gun pistol at WM.  NJ handgun laws are a whole other issue.  Since I was not sure (and still unclear) about this, I put it back on the shelf.

[CMJeepster 2,778]

So if you are operating OUTSIDE that exemption, you need an FID.   Otherwise, you're good.

Thanks, that's what I was looking for.

[mark_anthony_78 0]

The only time I ever flinched was when I was in South Carolina and considered buying a pellet gun pistol at WM.  NJ handgun laws are a whole other issue.  Since I was not sure (and still unclear) about this, I put it back on the shelf.

 

 

Should be the same as buying a long BB gun.  The "purchase" is made per the state laws at the store, which would be SC and not NJ, as well as Federal laws (which don't give a crap about BB guns).   The "possession" would follow NJ laws once you got back.  Pistol PURCHASE permit not needed, since you didn't buy it in NJ, and registration is voluntary.

[CMJeepster 2,778]

The only time I ever flinched was when I was driving through South Carolina, on my way back to NJ,  and considered buying a .177 pellet gun pistol at WM.  NJ handgun laws are a whole other issue.  Since I was not sure (and still unclear) about this, I put it back on the shelf.

I did the same with a pellet pistol in PA.  I chose not to tempt fate.  Until this law is revised to exclude BB & pellet guns (notice I didn't refer to them as firearms), which is currently in the works, we will continue to debate this truely stupid topic.

[brucin 923]

Maybe this will be helpful.  Last year I bought a rifle from a NJ LGS.  The transaction got hung up in the NICS system so I went home.  The following day I was contacted by the LGS to come and pick up my rifle, NICS went through.  When I got down there I realized I forgot my FPID.  The sales dude said it was not a problem.  I had already LEGALLY purchased the rifle according to NJ state law.  I did not need my FPID to transport it home.

 

Sooooo.....

 

If I go to PA (with or without a FPID) and buy a BB gun, rifle, shotgun or whatever else I can buy there legally in accordance with PA's laws (but is not on NJ's banned list) I can transport it home and sit on my porch all day long polishing the bolt with impunity.  I can go to PA and buy a 50 rd drum magazine or an AR with adjustable stock, pistol grip and bayonet with threaded muzzle and A2 Birdcage .  What I CANNOT do is bring them home to NJ.

 

BB/Pellet gun is 100% legal to purchase in PA and bring home to NJ.  A Gammo Whisper though might cause problems.

 

HOWEVER....

 

If the place I buy from in PA is not a multinational conglomerate (ie just a regular small privately owned business) and has a NJ FFL and a PA FFL, then the gun shop will probably not sell you something that could cause them to get dragged into court for any reason.  Getting sucked into a long and expensive battle, even if the LGS knows they will win, is not worth the expense and aggravation.  The further into PA you go, the less concerned a LGS will be about NJ pissing on their parade.  Go to Carlisle and the LGS will not think twice about selling you a 50 rd mag, go to Philly or Allentown and you will be met with resistance.

 

That's about how it is.

 

The only time I ever flinched was when I was driving through South Carolina, on my way back to NJ,  and considered buying a .177 pellet gun pistol at WM.  NJ handgun laws are a whole other issue.  Since I was not sure (and still unclear) about this, I put it back on the shelf.

 

 

 

 I have asked a fire arms attorney (Frank Pisano) at an RTSP seminar about this and in his opinion it would be illegal to purchase a BB/pellet pistol in PA and bring it back to NJ. I did not specifically ask about a BB/pellet rifle.

[Carcano 14]

If he bought a pellet gun in PA that was from the 70's (for example) and brought it back he could say it was a relatives and he inherited it (no FPID needed ) sure it's breaking the law but I doubt anyone would bother him.

 

Of course I have no legal training so take this with a grain of salt

[Carcano 14]

31 posts of this again?

 

- NJ law only applies in NJ

- You need to fill out a COE when purchasing a long gun firearm outside of NJ because federal law requires FFL dealers to follow all laws of both the sellers and buyers state when selling firearms, there is no law requiring a buyer keep a COE (or a pistol permit) after the purchase is complete, you can throw it away if you want to.

- Airguns are not firearms under PA and federal law, so purchasing one in PA does not require any paperwork.

-FPID cards and HG purchase permits are not required to own firearms or transport them inside the exemptions in NJ.

-Bringing antique, muzzle loader or air rifles and pistols back to NJ is legal if purchased in a state that does not have a law prohibiting such a purchase (which would be almost all other states outside of NJ).

 

The only legal question (as has already been mentioned) is the legality of discharging the air rifle in the town where the friend lives.

 

Just like how it's legal to buy evil black guns in PA as long as you do not bring them back to Jersey?

[Pizza Bob 1,488]

     

[Oakridgefirearms 224]

As far as I know, a firearms PURCHASER ID is required only to buy a firearm in NJ.  One is not legally required to have a FPID to simply own a firearm.  If I go to a state where legal transfer of long guns is a simple matter of handing cash to someone and they hand me a long gun, all federal and state requirements (of that state) have been met.

 

This is not just a dead horse, it's rotting now.  I guess NJ residents are so used to firearms owners being persecuted that they simply cannot believe that BB guns are STILL just a toy.  However, in defense of the bed wetters, getting pulled over with a bb gun without having a FPID would likely prove to be an expensive (albeit unnecessary) hassle.

Federal law prohibits non licensed persons from buying or selling firearms to other non licensed persons who live in a different state. This does not apply to air, BP or antique guns since they are not firearms under federal law.

[Oakridgefirearms 224]

Just like how it's legal to buy evil black guns in PA as long as you do not bring them back to Jersey?

Federal law requires FFLs to abide by the rules of both the seller's and buyer's states when selling firearms, so a PA dealer cannot sell you a non NJ legal firearm.

[CMJeepster 2,778]

[PK90 3,570]

 

The "transaction" must meet both states regulations. There is no mention of the "item" being legal in the receiver's state. I will gladly sell a non-compliant rifle to anyone. We can even do the COE if you insist.

 

... a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.