89 replies to this topic

[Mike29574]

If you walk into a walmart in PA and legally buy a bb gun, can you bring that back to nj legally?

[vladtepes]

If you walk into a walmart in PA and legally buy a bb gun, can you bring that back to nj legally?

NO.. the NJSP.. ATF... and FBI will raid your house with a chainsaw and shoot you dead.. now for the non ridiculous answer. NJ classifies bb/pellet guns as firearms in NJ.. meaning that while in NJ you must abide by the laws.. PA has no such view on BB/pellet guns.. NJ law stretches to its border..

while IN PA you may purchase a BB/pellet gun.. because it is not a firearm in PA..
once you cross NJ border it magically transforms into a firearm (seriously)
meaning the moment you cross the border you treat it the same as any other gun..
at this time there is no mandatory gun registration in NJ so you would not need to do anything with it once purchased..
just follow the same laws as regular firearms..

[Mike29574]

So what your saying is I can buy a bb gun in PA and as long as I transport it locked in my trunk back to my house I'm good to go. The police do not ever have to be notified that I bought one? It would be pretty funny to have your FID yanked because of a stupid pellet gun!

[vladtepes]

So what your saying is I can buy a bb gun in PA and as long as I transport it locked in my trunk back to my house I'm good to go. The police do not ever have to be notified that I bought one? It would be pretty funny to have your FID yanked because of a stupid pellet gun!

no one can technically answer that with %100 accuracy due to the insanity that is the NJ legal system.. BUT I will say this..

in PA the gun is NOT a firearm...
so the gun is legal for you to purchase in PA... that is set in stone %100 accurate..

in NJ it IS a firearm..
there is no mandatory gun registration that I am aware of so you are good to go there..
you simply have to treat it as a real gun..
which creates the ONLY catch.. if it is a "real firearm" in NJ.. then does that technically mean ALL rules.. (15round mag capacity.. no folding stocks,, etc...) that is the only catch IMO..

[Qel Hoth]

in NJ it IS a firearm..
there is no mandatory gun registration that I am aware of so you are good to go there..
you simply have to treat it as a real gun..
which creates the ONLY catch.. if it is a "real firearm" in NJ.. then does that technically mean ALL rules.. (15round mag capacity.. no folding stocks,, etc...) that is the only catch IMO..

That is not correct. While BB guns ARE firearms in NJ, they are not subject to the magazine or "evil features" restrictions.

Coalition of New Jersey Sportsmen v Florio, decided in US District Court for NJ, 1990.

For the reasons set forth in this Court's opinion filed this
day, August 15, 1990;

IT IS ORDERED that the Court does hereby abstain from decision
under Railroad Comm'n of Texas v. Pullman, 312 U.S. 496, 61 S.Ct.
643, 85 L.Ed. 971 (1941), as to the first claim of plaintiff's
complaint, until such time that either party can demonstrate that
the underlying issues of state law have been resolved in the first
instance by the New Jersey state courts, or that further abstention
is otherwise unwarranted; and it is

FURTHER ORDERED that plaintiffs' motion for a preliminary
injunction be and is hereby granted in part; and it is

FURTHER ORDERED that defendants, their employees, officers,
and/or agents be and are hereby preliminarily enjoined from
enforcement of or prosecution under, N.J.S.A. 2C:39-3(j), and
N.J.S.A. 2C:39-9(h) against any and all owners of semi-automatic B-
B or pellet-firing air guns whose guns contain non-detachable
magazines in excess of fifteen (15) rounds; and it is

FURTHER ORDERED that defendants, their employees, officers,
and/or agents be and are hereby preliminarily enjoined from
enforcement of, or prosecution under, N.J S.A. 2C:39-5(f) and
N.J.S.A. 2C:39-9(g) against any and all owners of semi-automatic B-
B or pellet-firing air guns whose guns are designed to be fired
from the: shoulder, and have either a magazine capacity in excess
of six (6) rounds, a folding stock, or a pistol grip; and it is

FURTHER ORDERED that plaintiffs' motion for a preliminary
injunction be and is hereby denied in all other respects; and it is

FURTHER ORDERED that plaintiffs' interstate travel claim be
and is hereby dismissed pursuant to Fed.R.Civ.P. 12(b)(6).
for full text

http://www.constitution.org/2ll/bardwell/cnjs_v_florio.txt

[G115BA]

Just remember when you transport it to keep the bb,s stored away from the gun, or they could get you on that.

[Jon]

Just remember when you transport it to keep the bb,s stored away from the gun, or they could get you on that.

There is no law about separating ammo from the gun. The gun is either loaded or not, the location of ammo does not matter.

[Gorilla800lbs]

Note the "semi-automatic" part. I figure selective fire airguns such as MetalStorm or Drozd could still get you in trouble?

[djg0770]

Watch out for those hollow nose BB's

[NJdiverTony]

Ughhh... Our state is so friggin stupid... We shouldn't even have to have discussions like these over a damn pellet gun! It's just ridiculous!!!

[this_is_nascar]

NO.. the NJSP.. ATF... and FBI will raid your house with a chainsaw and shoot you dead.. now for the non ridiculous answer. NJ classifies bb/pellet guns as firearms in NJ.. meaning that while in NJ you must abide by the laws.. PA has no such view on BB/pellet guns.. NJ law stretches to its border..

while IN PA you may purchase a BB/pellet gun.. because it is not a firearm in PA..
once you cross NJ border it magically transforms into a firearm (seriously)
meaning the moment you cross the border you treat it the same as any other gun..
at this time there is no mandatory gun registration in NJ so you would not need to do anything with it once purchased..
just follow the same laws as regular firearms..

If ever questioned, for whatever reason during a search even at your home, do you need to be able to prove that you purchased it in PA or anywhere for that matter? What I'm trying to asked (sorry it's not coming out correctly) is that if you "lost" the receipt and was ever questioned about it in NJ (since you wouldn't have a P2P for it, since not purchased in NJ) would that be an issue/concern?

[Midwest]

In NJ they classify BB Pistols as handguns...

[this_is_nascar]

In NJ they classify BB Pistols as handguns...

Sure, unless it's a BB rifle .

[Fishpaw]

Note the "semi-automatic" part. I figure selective fire airguns such as MetalStorm or Drozd could still get you in trouble?

So technically the Shoot the Star bb guns at fairs, carnivals and boardwalks are illegal machine guns?

[Malsua]

So technically the Shoot the Star bb guns at fairs, carnivals and boardwalks are illegal machine guns?

Yes.

[this_is_nascar]

So technically the Shoot the Star bb guns at fairs, carnivals and boardwalks are illegal machine guns?

Yes.

Interesting. So, I guess that's along the same lines as tables at the local flea-marts selling drug related items? No one polices those vendors and what they sell, but if a person purchases an item and gets pulled over for a traffic stop, they can get arrested for having drug related items in their car.

[Jon]

Interesting. So, I guess that's along the same lines as tables at the local flea-marts selling drug related items? No one polices those vendors and what they sell, but if a person purchases an item and gets pulled over for a traffic stop, they can get arrested for having drug related items in their car.

Not anymore...

http://lawrenceville.patch.com/articles/local-federal-authorities-raid-lawrence-smoke-shop

[this_is_nascar]

Not anymore...

http://lawrenceville...ence-smoke-shop

Glad to hear it. It's certainly a start.

[JonF]

So technically the Shoot the Star bb guns at fairs, carnivals and boardwalks are illegal machine guns?

Do any of those still exist down the various shore boardwalks?

[RedBowTies88]

yep, wildwood has at least 3 shoot the star booths... I used to frequent them often.

[vladtepes]

I remembered reading something to that effect (on this site I think)

That is not correct. While BB guns ARE firearms in NJ, they are not subject to the magazine or "evil features" restrictions.

[Malsua]

There was a shoot the star booth that had those automatic pneumatic bb guns at the state fair when I went back in August.

[Nathaniel]

I don't understand how a BB gun becomes legal in one state and the same gun in another state is considered illegal? How can that ever make any logic?

[Tactical Turtle]

There is no logic in nj. Absolutely none.

[Tactical Turtle]

There was a shoot the star booth that had those automatic pneumatic bb guns at the state fair when I went back in August.

Call the state police and ask them if its legal. I bet they would.be dumb founded and not answer you a clear and precise answer, just like any other time they open there mouths about firearm laws in our wonderful state.

[AS350Driver]

Ok, not to hijack this thread, but if you buy a bb/pellet rifle in NJ do you pay for a NICS check?

[vladtepes]

Ok, not to hijack this thread, but if you buy a bb/pellet rifle in NJ do you pay for a NICS check?

in NJ it IS a firearm....

[vladtepes]

I don't understand how a BB gun becomes legal in one state and the same gun in another state is considered illegal? How can that ever make any logic?

it is not legal or illegal..

it is restricted and not restricted..

it is the same as "open carry" is legal in one state but not in another...
states DO actually have different laws..

[Midwest]

I don't understand how a BB gun becomes legal in one state and the same gun in another state is considered illegal? How can that ever make any logic?

I know BP wasn't mentioned, but it is also restricted like the BB gun/air rifle. Black Powder guns are also considered firearms in NJ, in other states they are not. On the Federal level, the BATF does not consider BB guns or BP guns as firearms, but NJ (and some other states) consider them firearms.



Hangun permit needed in NJ for
BB Gun Pistol
Black Powder Pistol

FID needed in NJ for
BB Gun Rifle
Black Powder rifle

I'm not sure when these laws went in effect, I want to say 1966 for both black powder and bb gun/air rifle. But I saw a law that banned BB/air guns in 1958 in NJ. So maybe they bought them back with the FID law in 1966 or soon after. The black powder permit requirement, I read elsewhere that it didn't become law until much later, in the 70's or 80's..although I originally thought it was 1966. Other states and cities have restrictions on BB guns as well as BP.

[DirtyDigz]

As to the original question, I think you'd also have to not be a person prohibited from owning firearms to legally bring the bb rifle/gun back into NJ.