NJ handgun law question

Status
Not open for further replies.

ny32182

Member
Joined
Oct 17, 2003
Messages
5,838
Location
Clemson, SC
Not sure which forum this should go in, so if this is the wrong one, feel free to move it.

I have a guy who might want to buy an EAA Witness pistol from me, and ship it to NJ.

This gun has a 17rd magazine, which I know is illegal in NJ.

The buyer wants me to ship the gun to NJ, but ship the magazine to someone in PA, who is going to trade him the 17rd for two blocked 10rds.

Can any NJ residents comment on the legality of this plan? Is there an "approved roster" or some other guideline that could potentially make shipping just the pistol into NJ illegal? Thanks.
 
Well, you're going to have to ship it to an FFL in NJ who will accept a shipment from a non-FFL. I'd call the FFL who the buyer designates and ask them.
 
Any time I sell a gun I typically have it shipped from an FFL if that matters.

Contacting the NJ FFL sounds like a good idea... it is a gunbroker auction, so I'd rather not go through the trouble of having a "won" auction just to find out the deal can't be done. But maybe the guy will be willing to send me his FFL info ahead of time.
 
There is no problem, OP. You said the gun is NJ legal and that is what you are shipping to an NJ FFL. The magazine is not legal and you are not shipping that to NJ.
 
Call me paranoid, but I would feel funny about shipping the magazine to a different state when the buyer is in a state where the mag is illegal. You are knowingly selling it to an individual who can not legally own it, and that would give me pause. I'm assuming this guy in NJ is sending you a check for the gun AND the magazines.

I don't think it's worth it.

Having said that, if the guy is PA is buying the mags from you, you're good to go.
 
If it is legal for me to do it, I don't care. That is all I'm trying to establish. I also offered to just knock $20 off the total final price and keep the magazine, but he has a guy who will trade it for two 10rds, which he says are hard to find. I don't know about that independently since I don't watch the Klinton magazine market.
 
Lived and owned guns in NJ for many years. Thankfully I'm out now.

OP - There is an "Assault Weapons Ban" in NJ similar to the 1994 national AWB, but NO handguns besides the TEC-9/TEC-22, Uzi or MAC-10 are specifically banned. Shipping the pistol to an FFL in NJ is perfectly legal. Assuming the buyer has the appropriate permission slip from his local CLEO, he's good to pick up the pistol from the FFL after the usual background check.

The magazine is tricky. Might ask to contact the PA buyer and have him confirm the deal.

IANAL - here are NJ firearms laws to read for yourself - http://www.njsp.org/info/pdf/firearms/062408_title13ch54.pdf
 
His FFL will know how to handle. If his FFL is a gunsmith he may offer to pin the mags so that no more than 15 rounds can be loaded. The GUN is legal in the state, the MAGS are not, unless modified. I have the same issue with 16 round mags for my CZ 75b.
9 fingers
 
It is not illegal for the buyer to own the magazine. It is illegal for him to bring it into NJ, but that is his business.

It seems to me that he could very well be following both the intent and letter of the law by having the mag shipped to PA. If he shoots in PA he could have his buddy store it for him in PA for those times when he is shooting over there. Possibly as he said, he wants to trade it for a couple of PRNJ compliant "reduced capacity" mags. Either way, nothing he is asking for is even remotely close to the line of legal/illegal.
 
I am pretty sure it is illegal to even think about handguns in New Jersey.

The simplest solution would be to transfer the firearm without the magazine. Knock a little off the price to reflect the change. That way the end user can get the right NJ state compliant magazines to cover everyone's *behind* in the legal sense without worrying about transfers, ownership, and possession.
 
You are not breaking any law shipping the magazine to PA. A NJ resident can go to PA and buy and possess all the magazines they want over 15 rds and are not breaking any law.
 
I was a dealer in N.J. for 40 years and dropped my license and moved to Pa.
4 years ago. My distributer (Jerry's) would not pull a 17 round magazine out
of a gun and send it to me without a magazine. It had to have a 15 round
magazine (or less) in it or I didn't get it. That might be a dealer thing. New
Jersey gun laws are perhaps the worse in the United States.
 
I live in PA but work in Jersey. I am in the process of buying a revolver from an LGS here in So. Jersey where you can't believe how crazy it is to run this kind of business!

If the buyer in Jersey gives you a nominal advance deposit for the sale, ship the 17 round mag to the third party in PA in exchange for the 2 - 10 round blocked mags. The mags have to be permanently blocked to be legal in New Jersey, the FFL in Jersey will disassemble the mags to verify they are permanently blocked and cannot be converted, the "blocks" are either riveted or glued in to the base of the mag tube so that any attempt to remove the block would destroy the mag tube. Good luck trying to take one of these apart for cleaning! You might be better served to add the cost of 2 new 10 rd. round mags to the sale price, ship the new 10 rd. mags with the gun, then Gunbroker the 17 rounder. Once you get the 10 rounders, ship the gun and the 10 round mags to the FFL in NJ after you get the balance of the money for the sale! So the mags and your gun are legal for sale to a qualified NJ buyer, and you've been paid for the gun. After that all transactions are strictly between the buyer and the FFL in New Jersey to complete the state law requirements. And your buyer in Jersey needs to secure a separate NJ state pistol purchase permit to buy your specific gun, in addition to having a NJ State Firearms ID card, which requires an extensive background check. These permits take time to get, and the FFL won't release the gun until the permits are issued, remember the system in New Jersey is designed to discourage you from buying the gun in the first place! As a PA resident, I don't have a NJ State Firearms ID card, so I can't buy pistol ammo or shoot at a pistol range at one of the very few places to do both in NJ! OBTW, the two states are right next to each other, but my PA carry permit is not reciprocal in New Jersey. Even though I have a valid PA license to carry, you can't believe what you go through as an out of state resident for a Jersey carry permit! You Folks Down South are "LYAO" by now but this one will put you on the floor; with a firearm egally purchased in NJ, and a valid NJ carry permit, you still can't physically carry your gun with JHP ammo, you can legally only transport it to & from point of purchase and to & from a pistol range, and you can shoot it at the range, but you can't otherwise carry JHP ammo!

If your buyer does not have the NJ state pistol purchase permit to buy your specific gun, in addition to having the NJ State Firearms ID card, and I would ask to see copies of both permits, you ain't ready to do this deal, and if he backs out on you it could be a real headache!
 
Last edited:
Status
Not open for further replies.