Transport of relative's rifle from TX to NJ

[Bithabus]

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.

Sale or gift counts as a transfer. "Sale" was my term, the law uses the broader term "transfer".

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?

That's your choice to make.

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?

The dealer in TX can't sell you a firearm if that sale would be prohibited by NJ law. Since NJ requires the ID card, it would be a good idea to have it to show the TX dealer.

 

[Southpaw]

Also, not sure sure what model Marlin it is, but the little old Model 60 is considered an "assault weapon" in NJ due to it's ammo capacity. You may also want to take a look at the NJ State Police website and check their current list of prohibited firearms.

 

[zomborama]

I don't now which Marlin model it is — it appears quite a old but it's a bolt-action, tube-fed model which would be legal in NJ as bolt-action rifles are exempt from the capacity ban. I'm not even sure if it's ever been fired. I'll probably take it into a gun shop to have it checked in Austin.

Btw, does the transfer cost anything? And I would be able to take it with me back home once the transfer is documented, correct?

Again, thank you for the great advice on this forum.

 

[TexasRedneck]

It's a shame it wasn't a gun you'd loaned to him and are now bringing it back.

It's absolutely insane to go through this much BS for a cotton-pickin' .22 rifle.

 

[Bithabus]

Btw, does the transfer cost anything? And I would be able to take it with me back home once the transfer is documented, correct?

Again, thank you for the great advice on this forum.

There are several shops in Austin that do transfers for $25. Lots of members live in Austin so if you need a recommendation just ask. Remember, some gun shop owners will refuse to transfer the rifle to you because you are a NJ resident (even though it is legal to do so). Might be a good idea to call around before you get here.

 

[zomborama]

Any recommendations for an Austin dealer who would transfer to NJ would be welcomed. Like, I said, I do have an NJ FID card and pistol permit so I've been through NICS twice already. I will be near NW Austin off of Shoal Creek, if that matters.

 

[Southpaw]

Btw, does the transfer cost anything? And I would be able to take it with me back home once the transfer is documented, correct?

Again, thank you for the great advice on this forum.

Having it sent from here from a Texas resident to an FFL in NJ should do the trick. However I would first contact an FFL in NJ. I would just tell him you are buying a rifle from out of state and you will need him to transfer it for you. He may require it to come from a Texas FFL as some FFL's may not accept from individuals. There would most likely be shipping fees from a dealer here and a transfer fee on the NJ end.

 

[zomborama]

Why wouldn't I be able to have it transferred to my name in Austin and then take it back with me on the plane back to NJ? I will be there in person during the holidays.

 

[Bithabus]

Why wouldn't I be able to have it transferred to my name in Austin and then take it back with me on the plane back to NJ? I will be there in person during the holidays.

You can. Shipping it to a dealer in NJ is an alternate plan. You need to find a Texan to take the rifle from your MIL and bring it to a dealer who will transfer it to you, then you can take it back on the plane.

 

[zomborama]

Oh, OK. Gotcha. Thanks.

 

[Renegade]

Why wouldn't I be able to have it transferred to my name in Austin and then take it back with me on the plane back to NJ? I will be there in person during the holidays.

Because you are not a Texas resident.

You cannot even buy it through a Texas FFL since NJ law would not be followed.

Your only legal option is to ship it to a NJ FFL.

 

[Bithabus]

You cannot even buy it through a Texas FFL since NJ law would not be followed.

Your only legal option is to ship it to a NJ FFL.

Are you sure about this?

 

[Renegade]

You can. Shipping it to a dealer in NJ is an alternate plan. You need to find a Texan to take the rifle from your MIL and bring it to a dealer who will transfer it to you, then you can take it back on the plane.

You forgot he lives in NJ, and they have their own gun schemes. Federal Law says transfers to an out-of-state resident require full compliance with both states laws on sales ( US Code - and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States), and it is not possible for a FFL in Texas to comply with NJ laws.

 

[Bithabus]

You forgot he lives in NJ, and they have their own gun schemes. Federal Law says transfers to an out-of-state resident require full compliance with both states laws on sales ( US Code - and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States), and it is not possible for a FFL in Texas to comply with NJ laws.

Yes it is. That's why I told him to bring his FID card. In NJ a resident has to show a FID card to buy a long gun. He can do that in Texas, the sale would be legal. However some dealers here would refuse to sell to a NJ resident.

 

[Renegade]

Are you sure about this?

When FOPA86 was passed, alllowing out-of-state residents to purchase longarms in all 50 states, NJ sent a letter to all of its FFLs stating NJ out-of-state residents could not buy in NJ, and NJ residents could not buy out-of-state. As far as I know this has not changed.

The problem is NJ has its own licensing scheme, and an TX/FFL cannot comply with it. Thus the sale does not comply with both states laws.

For those that do not know: NJ residents must have a Firearms Purchaser ID Card to purchase longarms, and Permit to Purchase a Handgun, for EACH handgun they want to buy. They also have their own FFL system, NICS system, and paperwork.

 

[Renegade]

Yes it is. That's why I told him to bring his FID card. In NJ a resident has to show a FID card to buy a long gun. He can do that in Texas, the sale would be legal. However some dealers here would refuse to sell to a NJ resident.

The Texas FFL does not have a NJFL. Nor does he have the forms the FID card info would be copied to, or know how to send them to Supt of State Police. So OP would be in possession of an unregistered gun.

I am also pretty sure NJ law precludes its residents from buying guns out-of-state OTC.

Simple put NJ sucks for guns.

 

[Bithabus]

When FOPA86 was passed, alllowing out-of-state residents to purchase longarms in all 50 states, NJ sent a letter to all of its FFLs stating NJ out-of-state residents could not buy in NJ, and NJ residents could not buy out-of-state. As far as I know this has not changed.

The problem is NJ has its own licensing scheme, and an TX/FFL cannot comply with it. Thus the sale does not comply with both states laws.

For those that do not know: NJ residents must have a Firearms Purchaser ID Card to purchase longarms, and Permit to Purchase a Handgun, for EACH handgun they want to buy. They also have their own FFL system, NICS system, and paperwork.

NJ residents can buy out of State. The "FFL licensing scheme" is a system for regulating dealers in NJ, not sales.

 

[Bithabus]

I am also pretty sure NJ law precludes its residents from buying guns out-of-state OTC.

I do not believe so. I checked, and NJ residents report buying long guns in various states.


All of this is the reason I said the easiest way is to ship the rifle to a dealer in NJ. I believe is is legal for him to buy it in Texas, but there will be disagreement.

 

[Renegade]

NJ residents can buy out of State. The "FFL licensing scheme" is a system for regulating dealers in NJ, not sales.

Not legally.

An out-of-state FFL is not registered with NJ and does not have the forms required to legally execute the sale.

 

[Renegade]

I do not believe so. I checked, and NJ residents report buying long guns in various states.

Does not mean anything. Most FFLs do not know the law in this matter.

I am a Texas FFL, and I worked for a NJ FFL years ago.