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Old April 5, 2012, 07:27 AM   #1
BoogieMan
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NJ Inherited guns

I inherited several long guns and a pistol from my father when he passed. Im in NJ and just got several pistol permits thinking that I had to transfer the pistol in the same manner as I would purchase a new one. However several people (shop owner and cops) that I dont need to do anything.
The long guns have a form on the NJ.gov website for transferring ownership and I will fill them out and have them signed by the executer.
The key point is that none of the guns are called out in the will either individually or as a group. The penalty for illegal firearms in this state is very severe and although its extremely unlikely I would have a problem I am losing sleep over the possibility of not conforming with the law. Is there an attorney in NJ that handles firearm law or someone who has some definitive answers? Any idea who I can call? Even my local police have conflicting opinions within the station. There are plenty of stories over people losing there freedom because of some misunderstanding of the law.
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Old April 5, 2012, 08:56 AM   #2
Webleymkv
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You might try contacting the state attorney general's office as it seems to me that they would probably have the most authoritative opinion on the matter.
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Old April 5, 2012, 09:15 AM   #3
NJgunowner
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The state attorney's office in NJ is VERY anti-gun, he'd be lucky if they didn't tell him he had to destroy them.

13:54-1.13 Firearms passing to heirs or legatees
(a) Notwithstanding the provisions of this subchapter concerning the acquisition of a firearm, a permit to purchase a
handgun or a firearms purchaser identification card shall not be required of an heir or legatee for the passing of a firearm,
upon the death of its owner. A person so acquiring ownership may retain the firearm if he or she meets the requirements
of N.J.A.C. 13:54-1.5 and 1.6.
(b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of the firearm for the
purpose of sale for a period of 180 days, which period may be extended by the chief of police or the Superintendent.
During such period the firearm must be placed in the custody of the chief of police or Superintendent.
(c) In the case of assault firearms or machine guns disposition shall be in accordance with N.J.A.C. 13:54-5..


13:54-1.5 Prerequisites for a permit to purchase handgun or a firearms purchaser identification card
(a) Every person issued a permit to purchase a handgun, or a firearms purchaser identification card, shall be 18 years
of age and of good repute in the community in which he lives.
(b) A permit to purchase a handgun, or a firearm purchaser identification card, shall not be issued to any person:
1. Who has been convicted of any crime;
2. Who is drug dependent as defined by N.J.S.A. 24:21-2;
3. Who has been or is then confined for a mental disorder in any institution;
4. Who is a habitual drunkard or an alcoholic;
5. Who suffers from a physical defect or disease which would make it unsafe for him or her to handle firearms;
6. Who knowingly falsifies any information on the application form for a permit to purchase a handgun or firearms
purchaser identification card;
7. Who refuses to waive statutory or other rights of confidentiality relating to institutional confinement; or
8. Where the issuance would otherwise not be in the interest of the public health, safety and welfare.
13:54-1.6 Exception for physical disability, mental disorder or alcoholism
A permit or identification card may be issued to a person who had previously suffered from a physical defect or disease,
or mental disorder, or was an alcoholic if the applicant provides a certificate of a medical doctor or psychiatrist licensed
in New Jersey, or other satisfactory proof that he or she is no longer suffering from that particular disability in such a
manner that it would interfere with or handicap him or her in the handling of firearms.
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Old April 5, 2012, 05:11 PM   #4
Aguila Blanca
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Quote:
Originally Posted by Boogieman
The key point is that none of the guns are called out in the will either individually or as a group.
Then how did you inherit them? Are you the sole beneficiary of the will, or did your father leave certain things to certain people and "everything else" to you? At this point, since you say the firearms were not specifically mentioned it is not clear how (or if) you actually inherited them.
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Old April 5, 2012, 09:48 PM   #5
war_elephant
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You can go to the NJSP.org website and go to the firearms section, there you will find the voluntary form of register and instructions, you dont have to but you can register it there. http://njsp.org/info/pdf/firearms/sp-650.pdf. Again, this is not required, but you can, if it makes you feel better.
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Old April 11, 2012, 07:22 AM   #6
BoogieMan
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"""Then how did you inherit them? Are you the sole beneficiary of the will, or did your father leave certain things to certain people and "everything else" to you? At this point, since you say the firearms were not specifically mentioned it is not clear how (or if) you actually inherited them.""""
That is the issue I am running into. I was given the guns by my mother after my father passed. I grabbed up as many as I had cases to transport and planned on going back to grab the rest. My 1/2-Brother (not dad's) then decided to lock down the rest of them before I came back. Without getting into it to deeply, I got what I got but and the family is all clear and in agrees. But the guns are not specifically called out in the will. I plan on filling out the on line form for transfer of ownership of all the long guns and having my mother/executer sign off just to avoid any possible issues in the future. BTW- this pistol was made late 40's Llama 9mm Largo. My dad bought it in '59 from a magazine add. Its worth the $18 he paid for it then but not much more. It does however have a sentimental value, just not enough to risk my freedom over. I am going to read through the NJ firearms laws a little more carefully.
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Old April 11, 2012, 03:04 PM   #7
crankyoldlady
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If your father left everything to your mother, you did not inherit the guns from your father. The guns belonged to your mother and she "gifted" them to you.
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Old April 11, 2012, 05:03 PM   #8
Willie Sutton
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The NJ FID card is needed for two things:

(1): To PURCHASE firearms (Rifles on the card itself, and pistols by getting a pistol purchase permit, which in itself requires you to have a card)

or

(2): To posess firearms outside of your home.


You do not need to worry about (1) above if you are a heir. You DO need to worry about (2) above if you want to do anything with them outside of your home.


You are an Heir: They do not need to have been specified in the will. Take your guns and enjoy them. All you can do without the NJ ID Card is to keep them at home. To take them out and shoot them you'll need the card, just like anyone else in NJ. Keep your guns at home for now, apply for an ID Card, get it, and then forget the subject. Nobody is going to hassle you about this, even in NJ. I can't think of anyone ever being harassed over this in NJ.



Willie

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Old April 11, 2012, 06:25 PM   #9
Aguila Blanca
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Quote:
Originally Posted by BoogieMan
That is the issue I am running into. I was given the guns by my mother after my father passed. I grabbed up as many as I had cases to transport and planned on going back to grab the rest. My 1/2-Brother (not dad's) then decided to lock down the rest of them before I came back. Without getting into it to deeply, I got what I got but and the family is all clear and in agrees. But the guns are not specifically called out in the will.
Heed "crankyoldlady." It sounds as though you did NOT inherit any firearms, and this is a significant point.

The law (Federal law, at least, I don't know about NJ) specifically allows for firearms that are bequests in a will to be transferred to the heir(s) directly by the executor of the estate, without any need for an FFL or paperwork. But -- that's only applicable if in some way the guns are left to YOU, specifically.

Quote:
Originally Posted by Willie Sutton
You are an Heir:
How do you know this? It has not been stated that BoogieMan was even named in the will, nor has it been established what the will said in regards to unspecified residuary estate. Even if he is an heir, he may be heir only to certain specific bequests named in the will, and everything else (including all the firearms) may have been inherited by his mother.

Irrespective of the guns being enumerated in the will, what did the will say about "residuary estate" (which means everything the decedent owned that is NOT specifically called out in the will)? If your father left everything to your mother, then crankyoldlady is correct and you didn't inherit guns -- your mother gave HER guns to you, and that's subject to the same transfer laws and requirements as if you bought them from a complete stranger.

On the other hand, if the will said something to the effect of "my residuary estate shall be equally divided and distributed among my wife and children," then perhaps it can be argued that you "inherited" some guns.
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