What happens if you inherit a gun in Sussex County NJ?
This 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.”
In other words, New Jersey law allows residents to inherit firearms via a will, without having to go through the process to obtain a Permit to Purchase, Permit to Carry, or Firearms Purchaser ID.
Unless you don’t qualify to become a gun owner, in which case you will have 180 days to sell the firearm to an eligible owner or hand it into the custody of your local police department while you find a buyer.
This policy only applies to handguns, rifles, shotguns, etc., excluding assault firearms.
Assault firearms are not approved for inheritance under New Jersey law, even if they were previously registered and licensed by the owner.
What if your spouse owns a firearm but you don’t have a license or permit, what rights do you have?
There are no statutory exceptions for family or household members on any grounds, be it self-defense, maintenance, or even just moving the gun about the house. This means that under New Jersey law, the concept of a family house gun is inherently unlawful, and a permit doesn’t include a spouse.
How can I legally gift a gun to a family member in Sussex County NJ?
In case of a gift both the gifting and the receiving party will have to fill out the paperwork. This means a Handgun Purchase Permit for a handgun and a Certificate of Eligibility for a long gun.
Temporary transfer is possible
So what if you want to hand your gun to a friend or a family member temporarily? It is allowed if you are at a commercial shooting range, at a gun club, or hunting. In that instance both of you have to be licensed for hunting.
When it comes to temporary transfers the person who owns the gun must be present with the other person the whole time. The transfer can’t last for more than 8 hours.
This means you can’t lend your firearm to a friend or a family member for a couple days.
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.
For more information on gun laws & rights in Sussex County, Contact a gun lawyer in Sussex County NJ, Evan Nappen. Call (732) 389-8888.