Gun Lawyer in Orange NJ
Inheriting A Gun in East Orange NJ
You might be in a situation where a relative or a loved one left you a gun, or several, with inheritance, and now you find yourself in possession of a weapon, with no knowledge of gun laws and a whole lot of new responsibilities. You probably know that owning a firearm without an according permit is illegal in the state of New Jersey, so, what should you do now?
Here are the basics of what you should know about your next steps.
Here is what section of the law “Firearms passing to heirs or legatees” states:
“Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy.
The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter.
If the heir or legatee of such firearm does not qualify to possess or carry it, he or she may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.”
This means that New Jersey allows residents to inherit firearms through a will, without having to go through the process to obtain a Permit to Purchase, Permit to Carry, or Firearms Purchaser ID.
If you don’t qualify to become a gun owner, you will have a window of 180 days to sell the firearm to an eligible buyer or hand to your local police department while you find a buyer.
This policy does not apply to assault firearms as they are not approved for inheritance under New Jersey law, even if they were previously registered and licensed by the owner.
Can I legally gift a gun to a someone in East Orange NJ?
You can legally git a firearm to a friend or a relative, but both the gifting and the receiving parties will have to fill out the correct paperwork. This includes a Handgun Purchase Permit for a handgun and a Certificate of Eligibility for a long gun.
If you have any additional questions about handling a gun that doesn’t belong to you, and how to do that legally, or what consequences you might face, consulting with a professional is a good idea. Gun, Firearms & Weapons Charges Attorney Evan Nappen Law can help you navigate through these potential instances.
Contact a gun lawyer in Orange NJ, Evan Nappen. Call (732) 389-8888.