New Jersey problem

[AndyJ]

I hope this is the right forum........

Please,some insight from someone very familiar with New Jersey gun laws. Being a long time Texas resident, the laws in that state really frustrate me.
OK, here is the situation...........

My daughter is a Tech Sergeant in the Air Force. She returned last year from a year long deployment in South Korea. During her time at OSAN AFB, her firearms were held by a friend in AZ. After OSAN, she was posted to FT. Dix, NJ. None of her firearms stashed in AZ are Jersey legal. During her entire enlistment of 12 years now she has maintained Texas residency and has always had a Texas drivers license. Always,in the past, dispensation and allowances are made for active duty military when serving stateside or overseas with a permanent residence address.

So she went through the whole permitting process in NJ which took 6 months. Once her permit was complete she purchased a really nice, I mean NICE Colt Gunsite Officers Model. She went to the FFL today with all the not-so-much 2A friendly paperwork in hand only to find she had been declined on her background check. The FFL who seems to be a really great guy assumed it was because she did not have a NJ drivers license. Needless to say she is absolutely crushed. She is going to the local PD in the morning to try and obtain a "why" for why she was declined.

I am hoping someone has some valid insight and perhaps advice on how to proceed with this. I find it hard to believe this is happening with the large military presence in NJ and I would venture a guess many of them are just like my daughter and they maintain a permanent address of record in some other state.

After all the legwork and time to get the pistol permit paperwork together and then all the other crap she has gone through I just have one thing to say..........

God Bless Texas!

 

[Bullseye]

My daughter is a tech sgt in the USAF too!
Why doesn't she just get a NJ drivers license?

 

[AlexanderA]

Why doesn't she just get a NJ drivers license?

Because that would mean establishing legal residency in New Jersey. New Jersey has a state income tax, while Texas doesn't.

 

[AndyJ]

Exactly, Most states, including NJ, honor out of state licenses for active military stationed within their boundaries. When I searched the list, oddly enough MT does not.

Plus she is hard headed and proud of being a Texan.

 

[kevin123]

Try here. Might help. http://www.njsp.org/firearms/index.shtml.
NJ is rough. Your address on your drivers liscence and firearm ID (fid) Every time you change addresses you need to update your fid. Spoke to a guy yesterday who can't even buy ammo as his drivers liscence and fid have different addresses.

Don't take chances with nj gun law. People have gotten arrested for simple mistakes. I have been told It is so convoluted that many police officers get confused and can make arrests that may not be justified. Even if you get off you have lawyer fees.

 

[AndyJ]

Correction to the original post. The status of her background check was not "declined". The status or reason for denying the transfer was "deficient".

 

[AndyJ]

UPDATE
My daughter says this: "spoke to a very nice LT at Medford PD this morning. he agrees this is BS and is calling State Police today to get it figured out for me."

 

[herrwalther]

UPDATE
My daughter says this: "spoke to a very nice LT at Medford PD this morning. he agrees this is BS and is calling State Police today to get it figured out for me."

Good update. Hopefully it will get resolved shortly.

My best friend lives in NJ. And he has gone through hoops for years just to buy some of his favorite firearms. He has no interest in looking at holsters because the chance of getting a carry permit in the state is as close to nothing as you can get.

 

[Old Dog]

Because that would mean establishing legal residency in New Jersey. New Jersey has a state income tax, while Texas doesn't.

I believe you might be wrong here. I spent well over 20 years on active duty, and maintained my official "state of legal residency" with the military while still getting state driver licenses in such commie states as California and Hawaii -- you pay state income tax to your state of legal residence (established with your military personnel/finance/disbursing office and it's also on your commissioning/enlistment/reenlistment documents).

Daughter needs to check with her base personnel/legal office. Getting a state driver license in a state where stationed on AD doesn't change state of legal residence.

 

[Squire Western]

I believe you might be wrong here. I spent well over 20 years on active duty, and maintained my official "state of legal residency" with the military while still getting state driver licenses in such commie states as California and Hawaii -- you pay state income tax to your state of legal residence (established with your military personnel/finance/disbursing office and it's also on your commissioning/enlistment/reenlistment documents).

Daughter needs to check with her base personnel/legal office. Getting a state driver license in a state where stationed on AD doesn't change state of legal residence.

Very good information. This has been a very enlightening thread. New Jersey may be Americas most difficult state, RKBA wise.

 

[GRIZ22]

I live in NJ. Your daughter had to get a permit to purchase a handgun which you have indicated. I know several AD military personnel stationed in NJ with out of state driver's licenses who get all their paperwork to buy guns here without any problem. I'd say the FFL isn't doing something right in requesting the NICS. NICS in NJ is run by the NJ State Police.

A call to the NJSP Firearms Unit at the number given in kevin123's link would be where to start to clear this up.

 

[herrwalther]

I bought plenty of firearms while stationed in a state with an out of state ID. In most cases a memo or a copy of my station orders along with a utility bill in the state was enough to prove residency. I just happened to luck out and never be stationed in a state like NJ, NY, or CA.

 

[AndyJ]

I bought plenty of firearms while stationed in a state with an out of state ID. In most cases a memo or a copy of my station orders along with a utility bill in the state was enough to prove residency. I just happened to luck out and never be stationed in a state like NJ, NY, or CA.

The current plan is just that... Copy of orders and a letter from her commander and then they submit the background check once again.

 

[Drail]

Osan AB is a much nicer place than N.J.

 

[AndyJ]

Osan AB is a much nicer place than N.J.

I don't think she would agree with that. She did a year there with no family allowed. Tough when you have a 5 yo at home.

 

[Drail]

There are many bases worse than Osan, trust me........ but I understand her point of view.

 

[AndyJ]

UPDATE:
With all manner of paperwork establishing residency in NJ, the authorities allowed her to pick up her new 1911. A bunch of needless kerfuffle for her to exercise a God given right seems to me.

Ah well, orders run their course and in a year and a little more she will go somewhere else. I am hoping for Lackland. After being stationed everywhere BUT Texas it would be nice for Pops to have the kids back home.

 

[Squire Western]

I hope you get your wish. I was stationed at Ft.Sam Houston in San Antonio. It's a great city and I have revisited it with my wife and children many times.

No New Jersey gun hassles in Texas.

 

[justice06rr]

My daughter is a Tech Sergeant in the Air Force. She returned last year from a year long deployment in South Korea. During her time at OSAN AFB, her firearms were held by a friend in AZ. After OSAN, she was posted to FT. Dix, NJ. None of her firearms stashed in AZ are Jersey legal. During her entire enlistment of 12 years now she has maintained Texas residency and has always had a Texas drivers license. Always,in the past, dispensation and allowances are made for active duty military when serving stateside or overseas with a permanent residence address.

So she went through the whole permitting process in NJ which took 6 months. Once her permit was complete she purchased a really nice, I mean NICE Colt Gunsite Officers Model. She went to the FFL today with all the not-so-much 2A friendly paperwork in hand only to find she had been declined on her background check. The FFL who seems to be a really great guy assumed it was because she did not have a NJ drivers license. Needless to say she is absolutely crushed. She is going to the local PD in the morning to try and obtain a "why" for why she was declined.

God Bless Texas!

I would also speculate that it is the out-of-state license. I'm not sure how NJ laws work, but if she has a TX license, then she is technically considered a non-NJ resident. Definitely check your local laws.

In my state, an out-of-state resident cannot buy a firearm here IIRC. So if a person from GA wants to buy a gun in FL, they cannot. Someone correct me if I'm wrong.

 

[Theohazard]

I would also speculate that it is the out-of-state license. I'm not sure how NJ laws work, but if she has a TX license, then she is technically considered a non-NJ resident. Definitely check your local laws.

I don't know about New Jersey law, but federal law as it pertains to the residency requirements for buying a firearm are pretty simple and have nothing to do with your drivers license: When buying a gun, your state of residence is simply the state where you currently live. (State laws can add stricter residency requirements, but they can't contradict this federal requirement.)

Yes, you can use your drivers license to prove your current residence to the FFL, but that only applies if you actually live at that address; if you present a drivers license that has an address where you don't actually live, then you can't put that address on the 4473. At that point you'd need some other official documentation of your current address in order to buy a gun.

(On a side note, things can get slightly more complicated with military members who live off base, but I'm not getting into that for simplicity's sake.)

In short, your drivers license doesn't define your state of residence, it is simply used as evidence to prove your state of residence.

In my state, an out-of-state resident cannot buy a firearm here IIRC. So if a person from GA wants to buy a gun in FL, they cannot. Someone correct me if I'm wrong.

I'm pretty certain that Florida follows federal law in that regard, so in that case you'd be incorrect. Per federal law, an out-of-state resident can purchase a long gun from a dealer if that firearm is legal in both that state and his home state. But an out-of-state resident can't purchase a handgun or an "other" (receiver, NFA item, etc.).

 

[justice06rr]

I didn't know those exact technicalities, so you may be correct. Best to really check the local laws of each state or ask a dealer/FFL directly if you can buy the firearm or not.