View Full Version : is an FID needed in an out-of-state purchase?

January 24, 2009, 10:34 PM
Basically i live in NJ, and a FID is needed to purchase firearms. However, an FID is not needed to own a rifle if you keep it within the premise of your own home. FID is also not needed to transport a rifle or use it at a shooting range.

the NRA-ILA of the NJ laws are below, with the pertinent details in bold.

It is unlawful to knowingly possess any handgun, including any antique handgun, without first having obtained a Permit to Carry, and it is unlawful to knowingly possess any rifle or shotgun without having first obtained a Firearms Purchaser Identification Card (FID), however, no Permit to Carry or FID is required:
1. To keep or carry any firearm about a person’s place of business, residence, premises, or other land owned or possessed by him; a place of business shall be deemed a fixed location.
2. To carry any firearm unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported and the course of travel shall include only such deviations as are reasonably necessary under the circumstances from any place of purchase to his residence or place of business, between his dwelling and his place of business, from 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.
3. To transport such firearms as necessary for target practice, in the manner described in paragraph 2 above, by a member of a gun club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice in going to or from a place of target practice, provided the club has filed a copy of its charter with the Superintendent of State Police and annually submits a list of its members to the superintendent.
4. To transport any firearm, in the manner described in paragraph 2 above, while traveling:
a. Directly to or from any place for the purpose of hunting or fishing, provided such person has in his possession a valid hunting or fishing license.
b. Directly to or from any target range or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions.

Therefore, could i hypothetically go to PA, where an FID is not needed for a firearm purchase, purchase a rifle and drive it home to NJ and then use it to shoot at the local gun club? All without ever getting an FID?

The reason I need to do this is because it is taking FOREVER for my FID to come in and I want to jump on the boat before a ban takes effect.

Don H
January 25, 2009, 02:07 AM
This is what the BATF has to say about it (emphasis is mine):
(B2) From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, [B]provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

The applicable laws of the State of New Jersey requires you to possess a FID to buy a firearm, yes?

Here's the applicable section of U.S. Code (18 USC 922 (b)(3)(emphasis again mine):
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

January 26, 2009, 11:28 AM
If you're referring to a Firearms Purchaser ID card, then that may be the least of your worries.

If you're buying a rifle, especially in/from another state, you'll need to be sure it is NJ compliant. I bring this up because I've been doing my own search for an AR-15 style rifle, and I happen to live in NJ.

NJ compliance rules are very strict, whereas PA is wide open -- hence you are likely to find many rifles/shotguns and/or variations of those rifles/shotguns that meet PA rules but would fail NJ compliance. Be very careful with that.

Unless you are buying the most basic rifle, do it through a NJ FFL to be sure you aren't setting yourself up for owning something you're not permitted to possess in NJ, FID or not.