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NJ and other States gun laws - just one more
300
Member Posts: 152 ✭✭✭
RE:
"Where are you guys getting these little gems?
If a person purchases a firearm nobody is asking if it is legal in the purchaser's resident state. If the fella purchases the gun, he is totally legal as long as he does not transport it back to the state where it is illegal (assumine he or she is not breaking any ATF regulations).
"regardless of whether the firearm goes back to resident's state, would almost certainly notify the state and take some action against the FFL"
Exactly who is going to do the reporting? The FFL selling the gun? Why, they are not responsible for the rules and laws of 50 different states, just the one in which they reside. There isn't some great screening computer looking for this stuff. The background check is just that, there isn't a cross referencing data base to check if the gun itself is "proper" for an individual to possess.
You might ask then what he is going to do with the gun for storage purposes. Well, that is up to him. Leave it at a relative or friends, perhaps he has an apartment in that state, or several other options. The "assault" firearm is only illegal in NJ so as long as the purchaser has options to store the gun outside of NJ, he is ok. Also, he may be living outside his state of residence, nobody even asked that question. A person living in another state, but a NJ resident could certainly purchase such a firearm as he has no intention of bringing it back to NJ.
Hank"
+++++++++++++++++++++++++++++++++++++
If you are an FFL, go to the last page of form 4473 where it states "...In determining the lawfulness of the sale or delivery of a long gun to a resident of another State, the seller is presumed to know applicable State laws and published ordinances in BOTH THE SELLER'S STATE AND THE BUYER'S STATE (capitalization added). When the ATF examines your records, either at renewal of your license or at any other time they so choose, they review your 4473's for completeness and compliance. Any ATF agent worth his or her salt will see the OTC sale/delivery to a resident of another State and will check to see that the delivery complies with said laws and ordinances -- in the situation under discussion, the FFL has made an unlawful sale/delivery, a big problem for him, and in the case of a NJ resident ATF would notify the NJSP. (Note that from time-to-time each FFL receives a copy of State Laws and Published Ordinances - Firearms from the BATFE.) This doesn't even start to cover what the consequences are should the gun be used in a crime and the trace points back to the FFL etc.
"Where are you guys getting these little gems?
If a person purchases a firearm nobody is asking if it is legal in the purchaser's resident state. If the fella purchases the gun, he is totally legal as long as he does not transport it back to the state where it is illegal (assumine he or she is not breaking any ATF regulations).
"regardless of whether the firearm goes back to resident's state, would almost certainly notify the state and take some action against the FFL"
Exactly who is going to do the reporting? The FFL selling the gun? Why, they are not responsible for the rules and laws of 50 different states, just the one in which they reside. There isn't some great screening computer looking for this stuff. The background check is just that, there isn't a cross referencing data base to check if the gun itself is "proper" for an individual to possess.
You might ask then what he is going to do with the gun for storage purposes. Well, that is up to him. Leave it at a relative or friends, perhaps he has an apartment in that state, or several other options. The "assault" firearm is only illegal in NJ so as long as the purchaser has options to store the gun outside of NJ, he is ok. Also, he may be living outside his state of residence, nobody even asked that question. A person living in another state, but a NJ resident could certainly purchase such a firearm as he has no intention of bringing it back to NJ.
Hank"
+++++++++++++++++++++++++++++++++++++
If you are an FFL, go to the last page of form 4473 where it states "...In determining the lawfulness of the sale or delivery of a long gun to a resident of another State, the seller is presumed to know applicable State laws and published ordinances in BOTH THE SELLER'S STATE AND THE BUYER'S STATE (capitalization added). When the ATF examines your records, either at renewal of your license or at any other time they so choose, they review your 4473's for completeness and compliance. Any ATF agent worth his or her salt will see the OTC sale/delivery to a resident of another State and will check to see that the delivery complies with said laws and ordinances -- in the situation under discussion, the FFL has made an unlawful sale/delivery, a big problem for him, and in the case of a NJ resident ATF would notify the NJSP. (Note that from time-to-time each FFL receives a copy of State Laws and Published Ordinances - Firearms from the BATFE.) This doesn't even start to cover what the consequences are should the gun be used in a crime and the trace points back to the FFL etc.
Comments
background only says "long gun"
"If you are an FFL, go to the last page of form 4473 where it states "...In determining the lawfulness of the sale or delivery of a long gun to a resident of another State, the seller is presumed to know applicable State laws and published ordinances in BOTH THE SELLER'S STATE AND THE BUYER'S STATE (capitalization added). When the ATF examines your records, either at renewal of your license or at any other time they so choose, they review your 4473's for completeness and compliance. Any ATF agent worth his or her salt will see the OTC sale/delivery to a resident of another State and will check to see that the delivery complies with said laws and ordinances -- in the situation under discussion, the FFL has made an unlawful sale/delivery, a big problem for him, and in the case of a NJ resident ATF would notify the NJSP. (Note that from time-to-time each FFL receives a copy of State Laws and Published Ordinances - Firearms from the BATFE.) This doesn't even start to cover what the consequences are should the gun be used in a crime and the trace points back to the FFL etc."
What I am saying is that the FFL will have made unlawful over-the-counter sale under the Gun Control Act of 1968. The ATF will probably see this when checking the FFL's 4473's and will notify the other State and take some specific action against the FFL. The other State, especially NJ, will be knocking at the purchaser's door and the answer that "I have it in storage, or it is out of state" will probably not be received with smiles -- I would assume that the ATF would already be involed since the firearm was received in an unlawful transaction from an FFL.
quote:Originally posted by tsavo303
it isnt "reported" but your butt if you are caught illegally possing in your home state.
background only says "long gun"
This was my reply to Hank (other topic was locked):
"If you are an FFL, go to the last page of form 4473 where it states "...In determining the lawfulness of the sale or delivery of a long gun to a resident of another State, the seller is presumed to know applicable State laws and published ordinances in BOTH THE SELLER'S STATE AND THE BUYER'S STATE (capitalization added). When the ATF examines your records, either at renewal of your license or at any other time they so choose, they review your 4473's for completeness and compliance. Any ATF agent worth his or her salt will see the OTC sale/delivery to a resident of another State and will check to see that the delivery complies with said laws and ordinances -- in the situation under discussion, the FFL has made an unlawful sale/delivery, a big problem for him, and in the case of a NJ resident ATF would notify the NJSP. (Note that from time-to-time each FFL receives a copy of State Laws and Published Ordinances - Firearms from the BATFE.) This doesn't even start to cover what the consequences are should the gun be used in a crime and the trace points back to the FFL etc."
What I am saying is that the FFL will have made unlawful over-the-counter sale under the Gun Control Act of 1968. The ATF will probably see this when checking the FFL's 4473's and will notify the other State and take some specific action against the FFL. The other State, especially NJ, will be knocking at the purchaser's door and the answer that "I have it in storage, or it is out of state" will probably not be received with smiles -- I would assume that the ATF would already be involved since the firearm was received in an unlawful transaction from an FFL.
quote:Originally posted by tsavo303
it isnt "reported" but your butt if you are caught illegally possing in your home state.
background only says "long gun"
Bushmaster states the varminter is NJ compliant, it's not considered an assault rifle.
A PA FFL dealer can sell a long gun over the counter to a NJ nonlicensee with his NJ fic card and 4473 PA PICs check. The nonlicensee is legal to take it back to NJ.
Tell me if I'm wrong.
quote:Originally posted by spotty bobek
I don't want to interupt you guys but I'm back with my answer.
Bushmaster states the varminter is NJ compliant, it's not considered an assault rifle.
A PA FFL dealer can sell a long gun over the counter to a NJ nonlicensee with his NJ fic card and 4473 PA PICs check. The nonlicensee is legal to take it back to NJ.
Tell me if I'm wrong.
I don't want to interupt you guys but I'm back with my answer.
Bushmaster states the varminter is NJ compliant, it's not considered an assault rifle.
A PA FFL dealer can sell a long gun over the counter to a NJ nonlicensee with his NJ fic card and 4473 PA PICs check. The nonlicensee is legal to take it back to NJ.
Tell me if I'm wrong.
This information is correct!!!!