storage of pistols in NJ

[monica oswald]

I live in new jersey and I own several pistols more than 20, and in the middle of a divorce, can I store these pistols at a residence that I am not living at? and do they have to be secured in any manor? I don't know if there are any laws addressing this/fopa/nj code criminal justice

 

[THE DARK KNIGHT]

I live in NJ and am not a lawyer but I would recommend being VERY careful what you do with those handguns and don't think it's a good idea to store them at someone else's residence. The court would probably accuse you of illegally transferring the firearms to another individual and you would be in serious trouble if something ever happened. I know for example here in NJ, say I have a pistol and want to put it on consignment at the gun shop, then a month later I decide I want to keep it, I'd need a pistol permit to take it from the gun shop back home.

Rent a storage facility, either disassemble the guns and/or have each one unloaded in a locked box. I would not chance it leaving them at someone's house if I were you.

 

[Havicman]

I used to live in NJ. Moved down to TN several years ago. There is a lawer in Monmouth county who's specialty is NJ firearm laws. He has a web site http://www.evannappen.com/

I picked up both of his books. Although they are out of print, they are very informative. You should check out his web site. If you can get a copy of his book, you could probably learn a lot about the laws in NJ. There's not a lot of information on his web site, but his books are informative. No matter where you leave your handguns you are still responsible for them. They will need to have trigger locks, especialy if there are children under the age of 18, this is part of NJ law. If something did happen at the residence, you and the individual at the residence would both be liable. NJ has a tendance to take the "guilty until proven inocent" view in regards to firearm laws. If you can find it I would highly recommend any one living in NJ read the book-NAPPEN II: NEW JERSEY GUN, KNIFE, and WEAPON LAW, NAPPEN ON NEW JERSEY GUN LAW.

 

[MAUSER88]

Nope you can't give them to a friend to hold. They must be in your possession at all times.

 

[GRIZ22]

Nope you can't give them to a friend to hold. They must be in your possession at all times.


I'm not a lawyer either. I agree with the first sentence but don't think they have to be stored at your residence. Ray's Sport Shop in North Plainfield used to rent gun storage space in their vault. IIRC they had lockers and it worked like a safe deposit box, their key and yours was required to open it.

I would think if you stored the guns in a safe or other very secure container that only you had access to there could be no allegation of a transfer. Every storage facility I know of forbids storage of firerams or ammunition. 20 handguns would fit in a large safe deposit box and that would be another option.

 

[Mags]

Can private citizens sell gandguns in NJ without a FFL? If so sell em to your buddy for a buck write up a bill of sale and everything then when the divorce is over buy em back for a buck. My old man did that with a few cars when he went through with his last divorce.

 

[THE DARK KNIGHT]

Can private citizens sell gandguns in NJ without a FFL? If so sell em to your buddy for a buck write up a bill of sale and everything then when the divorce is over buy em back for a buck. My old man did that with a few cars when he went through with his last divorce.

In NJ if one person wants to sell a handgun to another, the buyer must go apply for a permit to purchase a handgun (one for each gun, valid for 90 days) which involves a form, two letters of reference, and a wait time somewhere between 2 months and a year. Slim chance any chief would hand you 20+ permits at once for any reason, and of course to buy them back you'd have to do so again.

 

[everallm]

One option is if you have a trustworthy friend or relative living in a state without the asinine restrictions we live with in NJ.

Your official stance is that you are going to go on a short vacation in a few months and go shooting with your friend in State X. With so much going on you are planning ahead.

You are fully allowed to send the pistols to yourself so long as they are sealed and only opened by yourself, no NJ state or federal restrictions.

Afterwards bring them home ASSUMING you still have your FID.

Has to be done via UPS, FEDEX, DHL etc not the USPS

From the ATF's own site


(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back]

Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

 

[raz-0]

Storing them with someone else could definitely be construed as a transfer.

Additionally, attempting to conceal assets during a divorce could cause you a whole heap of trouble if you don't do it correctly. Sometimes even then.

If you were to say rent an apartment, and moved your safe in, that would probably be legally ok. In all my reading I have not found anything that states storage must be done at your primary residence. But it may not fix your problem.

If you want a real answer, consult a lawyer. Especially if the primary concern is the wife claiming threats or violence. If the lawyer isn't ocncerned with you getting next to nothing for them, find a friendly FFL who will put them on "consignment", and some buddies willing to get permits to buy up the favorites really cheap.

On the upside, if the wife walks off with them, NJ law means that she has just committed a buttload of felonies.

On the other hand, if she just dumps them in the fire place and lets them burn, you are pretty much screwed. Happened to one guy I met.

 

[GRIZ22]

On the upside, if the wife walks off with them, NJ law means that she has just committed a buttload of felonies.


I think the OP is the wife with a screen name Monica. Not necessarily a buttload of felonies in a joint property state. A good divorce lawyer will know the answer.

 

[raz-0]

hehe, didn't even look. but it's the internet, you never know.

the felonies would be for illegal possession of a weapon. Possibly for illegal transfer of a firearm as well. NJ is strict bordering on the absurd about what constitutes a transfer.

Have a range that doesn't submit a list of members to the state annually, and you let someone shoot your gun? You affected an illegal transfer and could be prosecuted for a "felony". (NJ doesn't officially have felonies, just crimes of the X degree, pretty much all the firearms ones are felony equivalents.)

 

[ThrottleJockey72]

I suggest getting all firearms OUT of NJ at the earliest possible convenience. They are not safe there.

Can private citizens sell gandguns in NJ without a FFL? If so sell em to your buddy for a buck write up a bill of sale and everything then when the divorce is over buy em back for a buck. My old man did that with a few cars when he went through with his last divorce.

DO NOT do this. "Dumping" is now a criminal act and you will still be liable to the other party for the market value. This can really screw you.