Transport of relative's rifle from TX to NJ

[zomborama]

My father-in-law in Austin had died and left behind an old Marlin .22LR rifle that no one in the family wants. I live in NJ and in a few weeks, I'll be down there for the holidays and I wanted to either bring it back with me or have it shipped back to NJ (not sure of the advantages or disadvantages of either option.)

The gun technically belongs to my mother-in-law but she's in a nursing home and is barely coherent to know that it even exists so I don't want to go there. Is there any special paperwork or process I need to follow in order to "take it off their hands"? Do I go to an FFL in Austin have them ship it to me or can I put it into a case and check it in as luggage at the airport.

Do I have to prove the provenance of the gun? Or am I completely overthinking this?

Thanks in advance.

Z

 

[Army 1911]

I think you are overthinking it. No registration in Texas but NJ may be different and how are you travelling? Car or plane would make a difference

 

[zomborama]

I have a NJ State FID (firearms purchaser's ID) card that allows me to purchase rifles and shotguns but there is no registration of rifles in NJ, only handguns but I don't know what TX law requires. Can I just stick it in a hard case and take check it as luggage at the airport?

 

[hink]

Three thoughts ---

It appears you have inheirited a rifle. There is no registration or requirement for 'safety inspection'....any of that noise in Texas.
You can move a firearm on the airline as long as the firearm is locked in a hardsided case and NOT locked with a TSA lock. Just declare it at the counter.
You already know the law of NJ. Follow it as applicable.

 

[zomborama]

And when you mean "NOT locked with a TSA lock" What should it be locked with? Do you mean make it available for inspection? Sorry, I didn't get that.

Thanks.

 

[Mexican_Hippie]

Locked case, unloaded, ammo in box it came in. Go to check luggage and tell them you're checking a gun.

Just did it today, took about 3 mins.

I'd be more worried about what happens when you land in New Jersey.

 

[zomborama]

LOL and thanks. We do have pretty effed up laws up here but nothing compared to NYC. I live right across the river from Manhattan and feel very privileged to have gotten a pistol permit whereas in Manhattan or Brooklyn it's very difficult and expensive — unless you're a criminal. In that case, it's easy.

 

[txinvestigator]

Carefully read the TSA website. Then check your airline's website

 

[Eli]

Do NOT transport it to NJ by yourself - look up the recent story of the guy that moved there and was charged with felonies for the rifles he had loaded in a moving truck! Ship it to an FFL, be safe about it!
Why the #$%& are you in Joisey?

Eli

 

[zomborama]

Eli, I think I should be OK taking the rifle with me on the plane. I looked at Continental's policies and the TSA's and I should be OK — I just have to get a hard case. I was more worried about transferring the ownership from my mother-in-law in TX to me but it seems that in Texas there is no gun registry so I don't have to prove to Jersey where the gun came from. So when I come to Austin for Christmas, I'll take the Marlin .22 with me. I have an NJ Firearm Purchaser's ID card which entitles me to purchase long guns so I should be good...I hope.

 

[Bithabus]

If the gun passed to your mother in law, you did not inherit it. To avoid breaking federal law you have to ship it a dealer in NJ and pick it up there, or have a dealer in TX transfer it to you and then take it back (if NJ law allows its residents to buy long guns in Texas and you can find a dealer in TX willing to sell to a NJ resident). Easiest way is to have the mother in law ship it to a dealer in NJ.

 

[zomborama]

This is the part that confuses since from what I gather, there doesn't seem to be a "transfer" form as there is no gun registry in Texas. What form would I be filling out? Also, the mother-in-law is 86 and in a nursing home so the transfer, if there is one would probably need to be done my the power of attorney which is the sister-in-law. I can certainly ship it to a NJ deal but I'm just curious what laws I'd be violating if I take the rifle with me on the plane. Is it because it's exiting one state (and gets documented) and enters another state (and gets documented?)

 

[Bithabus]

This is the part that confuses since from what I gather, there doesn't seem to be a "transfer" form as there is no gun registry in Texas. What form would I be filling out? Also, the mother-in-law is 86 and in a nursing home so the transfer, if there is one would probably need to be done my the power of attorney which is the sister-in-law. I can certainly ship it to a NJ deal but I'm just curious what laws I'd be violating if I take the rifle with me on the plane. Is it because it's exiting one state (and gets documented) and enters another state (and gets documented?)

When a dealer transfers a firearm to you he is required to keep a completed form 4473 and run a backround check. In Texas residents can transfer firearms to one another with no paperwork, but your mother in law can't give you a gun because you are not a Texas resident. Any Texas resident can take the rifle and ship it to a dealer in NJ, assuming the firearm is legal to possess in NJ.

If you take it back with you on the plane your mother in law would be in violation for giving a firearm to an out of state resident and you would be in violation for transporting a firearm you acquired out of state (and not from a dealer or intestate succession) into your home state.

 

[zomborama]

When a dealer transfers a firearm to you he is required to keep a completed from 4473 and run a backround check. In Texas residents can transfer firearms to one another with no paperwork, but your mother in law can't give you a gun because you are not a Texas resident. Any Texas resident can take the rifle and ship it to a dealer in NJ, assuming the firearm is legal to possess in NJ.

If you take it back with you on the plane your mother in law would be in violation for giving a firearm to an out of state resident and you would be in violation for transporting a firearm you acquired out of state (and not from a dealer or intestate succession) into your home state.

Thanks for clearing this up. Makes sense now. So the issue is about residency.

 

[zomborama]

Thanks for clearing this up. Makes sense now. So the issue is about residency.

So it seems the transfer would have to happen in TX for me to legally take possession of the rifle as my own and take it with me back on the plane. NJ only requires both transferring parties fill out a Certificate of Eligibility which both parties sign and keep for themselves as proof of the transaction.

 

[jasont]

Carefully read the TSA website. Then check your airline's website

Then be prepared to have them tell you something totally different at the counter. Also the manager will come tell you something completely different from that. Every airport and every trip you'll learn a new made up rule.

I spent almost 30 minutes last week discussing the rules/laws with 3 different United employees at IAH. I had the airline rules and TSA regs printed out for them to read but they had their own rules in their head and wanted nothing to do with the actual ones. They finally relented and gave me a firearm card to put in my bag but said my bag probably won't be at my destination because TSA isn't going to let it go through. Despite the fact that was the 5th flight I'd made in the last two months with that exact same setup.

 

[noskilz]

All this for a .22 rifle? I hope its a mint Model 39.

 

[zomborama]

All this for a .22 rifle? I hope its a mint Model 39.

Yep. All this craziness for a 50 year old gun.

 

[Bithabus]

So it seems the transfer would have to happen in TX for me to legally take possession of the rifle as my own and take it with me back on the plane.

Looks like it. I'm sure you can find a Texan willing to bring the rifle to a gun store, but the tough part will be finding a dealer willing to transfer to a NJ resident. Make sure you bring your FID card.

NJ only requires both transferring parties fill out a Certificate of Eligibility which both parties sign and keep for themselves as proof of the transaction.

Texas requires nothing. It is against Federal law for an individual to sell a gun to an out of state resident. If I go to NJ I can't buy a gun from you, for example.

 

[zomborama]

Looks like it. I'm sure you can find a Texan willing to bring the rifle to a gun store, but the tough part will be finding a dealer willing to transfer to a NJ resident. Make sure you bring your FID card.

Texas requires nothing. It is against Federal law for an individual to sell a gun to an out of state resident. If I go to NJ I can't buy a gun from you, for example.

In this case, however it is not technically a sale — it's in the family. If I get it as a gift, would that make a difference? Probably not.

And hypothetically, if I take the rifle out of the closet, get a hard case for it and check it in my baggage at the airport and take it back with me, who would ever ask me if it's mine? And if someone did, what do I show them as proof? I could just say that it's mine and I wouldn't be lying, right?

I have a NJ FID card which entitles me to purchase long guns and shotguns in NJ but I don't even think this applies here. So, it's purely the honor system at work as TX and NJ could care less, right?