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jerseymike667

Moving to NJ from out of state

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I grew up in NJ but moved to Ohio for school. I lived out there for about 10 years and just loved their almost total lack of gun control. I recently moved back and wasn't sure what I was required to do to bring my firearms into NJ. I left everything i owned with family out there but would very much like to have my guns in NJ. Someone help me out and point me in the right direction.

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When you bring them into NJ, make sure you go DIRECTLY to your new home/apartment/dwelling, etc. Just keep in mind, guns are generally illegal in NJ, except under very narrow exemptions that the laws provide for.

 

Brush up on this : My link

 

Get an NJ FID card as soon as you can. You don't need it to own the guns and use them under exemptions, but it will allow you to buy new long guns, handgun ammo, and also affords certain other exemptions.

 

This is the important one to know when living in NJ with guns:

 

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.

 

Welcome to the PRNJ! ;)

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To add to what Dan said, note the you need a FID to purchase handgun ammo, also if you have read some of the post here you will see getting your FID isn't always the most streamlined process and more time than not take longer than the 30 day or less like it should. So with that said, stock up on ammo now and bring it with you..

 

Harry

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I grew up in NJ but moved to Ohio for school. I lived out there for about 10 years and just loved their almost total lack of gun control. I recently moved back and wasn't sure what I was required to do to bring my firearms into NJ. I left everything i owned with family out there but would very much like to have my guns in NJ. Someone help me out and point me in the right direction.

 

Welcome.

 

Bring your guns.

 

What part of Ohio? I grew up there and enjoyed the lack of gun control.

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Wow, thanks for the great feedback guys. So from what i understand i dont need any paperwork to move my guns here into NJ (only if i want to buy something new.)

 

So long as they were purchased legally while a resident of another state, and the guns/mags themselves are legal in the state of NJ, you're good to go.

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Wow, thanks for the great feedback guys. So from what i understand i dont need any paperwork to move my guns here into NJ (only if i want to buy something new.)

 

That is correct.

 

There is no mandatory registration of firearms.

 

There is an assault weapons ban in effect.

 

Semi-autos have a mag limit of 15

Semi-auto shotguns have a mag limit of 6

 

ARs type rifles have to play the evil feature games with pinned stocks, pin/welded muzzle brakes, no Bayonet, etc.

 

Some firearms are banned by name such as an AK 47 or AR-15.

 

If you've not completed your move yet, go buy something in Ohio before you leave. In fact, since handguns can transfer person to person, if you're still a resident of Ohio(I.E. still holding an Ohio DL license), you can buy guns from your friends or visit a gun show and get whatever you'd like before you finalize your move.

 

All the guns that you purchased prior to the finalization of your move are your property and can be legally owned in NJ if they do not violate the assault statutes. As a note, there is no grandfathering of assault weapons. They are banned. If you have any that fit the description, DO NOT bring them to NJ under any circumstance. Leave them back in Ohio.

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I agree with Malsua, especially on handguns. Its a pain even after you get your FID in NJ to buy additional handguns down the line. 2 forms, a money order, waiting a long time, then 1 HG per month, also reference letters get sent out again to your references.. then they don't respond timely, or the PD claims they dont... etc

 

My advice is to stock up on any HG's you want in the short term while still living in ohio.

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Would he be able to buy ammo in PA and bring it into NJ if he doesn't have his FID?

 

Since PA does not require an FPID for ammo purchases, he could purchase, but when he brings it back into NJ he'd be in violation...

 

2C:58-3.3 "Handgun ammunition" defined; sale, purchase, etc., regulated; violation, fourth degree crime.

 

1. a. As used in this act, "handgun ammunition" means ammunition specifically designed to be used only in a handgun. "Handgun ammunition" shall not include blank ammunition, air gun pellets, flare gun ammunition, nail gun ammunition, paint ball ammunition, or any non-fixed ammunition.

 

b.No person shall sell, give, transfer, assign or otherwise dispose of, or receive, purchase, or otherwise acquire handgun ammunition unless the purchaser, assignee, donee, receiver or holder is licensed as a manufacturer, wholesaler, or dealer under this chapter or is the holder of and possesses a valid firearms purchaser identification card, a valid copy of a permit to purchase a handgun, or a valid permit to carry a handgun and first exhibits such card or permit to the seller, donor, transferor or assignor.

 

c.No person shall sell, give, transfer, assign or otherwise dispose of handgun ammunition to a person who is under 21 years of age.

 

d.The provisions of this section shall not apply to a collector of firearms or ammunition as curios or relics who purchases, receives, acquires, possesses, or transfers handgun ammunition which is recognized as being historical in nature or of historical significance.

 

e.A person who violates this section shall be guilty of a crime of the fourth degree, except that nothing contained herein shall be construed to prohibit the sale, transfer, assignment or disposition of handgun ammunition to or the purchase, receipt or acceptance of ammunition by a law enforcement agency or law enforcement official for law enforcement purposes.

 

f.Nothing in this section shall be construed to prohibit the transfer of ammunition for use in a lawfully transferred firearm in accordance with the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1), section 1 of P.L.1997, c.375 (C.2C:58-3.2) or section 14 of P.L.1979, c.179 (C.2C:58-6.1).

 

g.Nothing in this section shall be construed to prohibit the sale of a de minimis amount of handgun ammunition at a firearms range operated by a licensed dealer; a law enforcement agency; a legally recognized military organization; or a rifle or pistol club which has filed a copy of its charter with the superintendent for immediate use at that range.

 

L.2007, c.318, s.1.

(Thanks Dan)

 

Adios,

 

Pizza Bob

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Bob, I have to ask this, and I am aware that it is very costly to have to prove yourself right in NJ. Is it illegal for a person moving into the state to bring ammo with them from the state of origin? I don't know (there's the rub) how NJ could enforce this, as in NJ it is illegal to "purchase or otherwise acquire" HG ammo without an FID, but not to possess it. Am I reading the laws wrong or is it another case of NJ sticking it to us? Also, 1a above says "specifically designed to be used only in a handgun," how does 22lr ammo require being logged? Not trying to but chops, just trying to learn. TIA

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Bob, I have to ask this, and I am aware that it is very costly to have to prove yourself right in NJ. Is it illegal for a person moving into the state to bring ammo with them from the state of origin? I don't know (there's the rub) how NJ could enforce this, as in NJ it is illegal to "purchase or otherwise acquire" HG ammo without an FID, but not to possess it. Am I reading the laws wrong or is it another case of NJ sticking it to us? Also, 1a above says "specifically designed to be used only in a handgun," how does 22lr ammo require being logged? Not trying to but chops, just trying to learn. TIA

 

 

The reality is that this law is virtually unenforceable. From the ability to simply hop the border and buy ammo, or discreetly order from the internet, combined with the fact that no one is ever going to check your ammo for state of origin, it's a pretty silly thing to worry about.

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Who here has ever been at a gun range, hunting, traffic stop, and at any point ever encountered a law enforcement officer who wanted to know where that person obtained their ammunition?

 

 

Not the point. If you want to do it, have at it - I simply pointed out that it violates the statutes.

 

johnoutdoors - good question. Simple answer - I have no idea. First inclination is to say: legal if it was legally purchased in that other state. But in the example I used previously, the ammo would have been purchased legally in PA - it isn't until you bring it into NJ that you are in violation. I think you're screwed by the "otherwise acquired" stipulation in the statute.

 

Remember, IANAL. As was pointed out, the chances of someone actually checking where your ammo came from is extremely slim. We're really talking technicalities - however a technicality can land you in jail, too.

 

Adios,

 

Pizza Bob

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The reality is that this law is virtually unenforceable. From the ability to simply hop the border and buy ammo, or discreetly order from the internet, combined with the fact that no one is ever going to check your ammo for state of origin, it's a pretty silly thing to worry about.

I'm not really worried about it, I just find NJ's arrogance and ignorance while writing and enforcing laws to be like a train wreck, you don't want to look, but you have to. Besides, GI Joe once taught me that "knowing is half the battle." If ever the situation arises, I want to be able to speak from a position of knowledge and the more interpretations of the law I hear/read, the better prepared I might be.

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Not the point. If you want to do it, have at it - I simply pointed out that it violates the statutes.

 

johnoutdoors - good question. Simple answer - I have no idea. First inclination is to say: legal if it was legally purchased in that other state. But in the example I used previously, the ammo would have been purchased legally in PA - it isn't until you bring it into NJ that you are in violation. I think you're screwed by the "otherwise acquired" stipulation in the statute.

 

Remember, IANAL. As was pointed out, the chances of someone actually checking where your ammo came from is extremely slim. We're really talking technicalities - however a technicality can land you in jail, too.

 

Adios,

 

Pizza Bob

I think what you need to consider is that the entire acquisition process would be occurring out of state, and legally, where NJ law does not apply. By the time you are crossing the border you are simply in possession of HG ammo, and I don't see anywhere in that statute that it says you need an FID to possess HG ammo.

 

We've had this same discussion with regards to NJ residents acquiring air, BP and antique guns before, and although others disagree with me, I don't see a difference between acquiring any of the above mentioned items and buying (real) handguns as a resident of another state and moving here with them (which we all agree is legal). The key thing is that the acquisition occurred legally.

 

 

That all being said, since this is NJ, I wouldn't put it past some prosecutor to try to screw someone over.

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I think what you need to consider is that the entire acquisition process would be occurring out of state, and legally, where NJ law does not apply. By the time you are crossing the border you are simply in possession of HG ammo, and I don't see anywhere in that statute that it says you need an FID to possess HG ammo.

 

We've had this same discussion with regards to NJ residents acquiring air, BP and antique guns before, and although others disagree with me, I don't see a difference between acquiring any of the above mentioned items and buying (real) handguns as a resident of another state and moving here with them (which we all agree is legal). The key thing is that the acquisition occurred legally.

 

 

That all being said, since this is NJ, I wouldn't put it past some prosecutor to try to screw someone over.

Thank you, this is what I was getting at. NJ's right to control sales ends at the border. It does control laws of possession, but I didn't see that anywhere in the quoted laws. I guess I wasn't as clear as I could have been. I see it as similar to the OPs question, legally purchased in state of origin, legal here as long as possession laws are met. Method of purchase (ie following state of origin's law, not necessarily the same as NJ's) is not an issue, so long as it is legally purchased and legal to possess. Anyone have another position on this? Does NJ have possesion laws regarding ammo other than add on charges, like JHPs are illegal during the commission of a crime?

 

For an off the wall example: I drive a UPS truck and deliver ammo all the time, should I be checking FIDs and logging my deliveries, and for that matter, do I not possess the ammo before said delivery?

 

Also, anyone have a read on my 22lr question above?

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NJ can't control the purchase of HG ammo outside of its boundaries. Nor are there any laws around transporting HG ammo (only "hollow point"). Thus my interpretation is that NJ can only enforce its laws when HG ammo is sold or transferred within its boundaries. If you go to PA and buy a bunch of HG ammo, AFAIK it is legal to transport back to your home in NJ.

 

I can't find it now, but I remember reading that FOPA somehow protected ammunition sales through mail order (interstate commerce). I will search around for it when I have a chance.

 

.22 ammo can be considered HG ammo by some dealers in NJ, thus requiring you are 21 and have an FID card, etc. Almost all rifle/HG ammo could be used in either or these days, and just further points out how stupid NJ's laws are.

 

HG's are different as there are federal laws dictating that HG transfers must be done through an FFL in your state of residency. Also federal law stipulates that long guns you can buy anywhere, but the seller in the other state has to follow NJ's laws regarding checking FID and filling out the COE, etc. Old info for most here I know, but thought it was worth mentioning.

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I know I'm bumping a old thread but figured it was better than creating a new one.  I'm moving to NJ for work shortly and trying to figure out what I can legally bring with me from my collection before I leave CO, or what do I need to do to them before carrying them over state lines.  Below is a list of what I have.  Any help would be greatly appreciated.

 

Mosin Nagant

S&W M&P 15-22

DPMS Oracle

Remington 1300 Shotgun

A few handguns, which I know will be okay. 

 

Thanks!

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I know I'm bumping a old thread but figured it was better than creating a new one.  I'm moving to NJ for work shortly and trying to figure out what I can legally bring with me from my collection before I leave CO, or what do I need to do to them before carrying them over state lines.  Below is a list of what I have.  Any help would be greatly appreciated.

 

Mosin Nagant

S&W M&P 15-22

DPMS Oracle

Remington 1300 Shotgun

A few handguns, which I know will be okay. 

 

Thanks!

 

Mosin is fine

15-22 is probably ok, but you need to have 15 round or less mags.  It's got the same restrictions as the DPMS Oracle.  If the stock isn't fixed or it has a flash hider, those have to go.

DPMS Oracle will require that the stock be pinned in a fixed position and the Flash hider replaced with a muzzle brake that is welded in place.  Must have 15 round mags or less.

Remington 1300 is a pump, so that's fine.

The handguns must have 15 round or less magazines.  If they have threaded barrels, you need to mention the make and model, because if there is another "evil feature" it could be banned.

 

I'm sure others will jump in, but that's a rough outline. 

You will not need to register them or anything like that assuming they don't violate the assault statutes.

 

Do not bring any magazine with a capacity greater than 15 into the state of NJ.  You are not allowed to have possession of them anywhere in the state, for any reason, even if you don't have the gun for it.

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I might add that be careful traveling,specifically moving to a new home. that we apparently have a black hole in our firearm travel laws that hollow point ammo is not allowed to move with you. Not sure on the relevancy of new incoming residents... Tin foil, overthinking it ,whatever, it is a fact. And you will need a FPID card to purchase ammo and firearms here. 

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Thanks everyone for the feedback!  I really appreciate it.   Looks like I'll have to get the stock pinned on my 15-22 since its adjustable as well. I'm sitting on quite a few 30 rd mags for both the Oracle and 15-22 that looks like will have to be trashed since CO just last year outlawed selling them privately.   I didn't even think of ammo being a possible problem.  I have a very large amount of HP ammo. Forget NJ was really picky about that. 

 

I'm originally from NJ. The wife and I decided it was time to get back to being closer to family.  I don't know if I'll miss CO to much as they  are getting progressively as bad as NJ regarding gun laws.  They aren't there yet but slowly inching forward. 

 

Thanks again!

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You will have to establish residency here first before you can bring your guns in. You can not bring them nor store them at your relatives house. And I agree, you made it out, dont come back. Look into PA along the border, you will regret this move very soon, and not just for the bs gun laws.

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