Hey All, Unfortunately my father passed away abruptly 10 days ago. We were never a gun household growing up but as I got into it when I got older I got him into it. He loved going shooting together. He had one handgun that I am inheriting. I’m assuming I need to apply for another handgun permit but does anyone know what else I need to legally transfer it to me? Does NJ make this a pain in the ass?
My mom is treating this as a huge priority.. thanks in advance
If it’s specifically named in the will that he passed it down to you, you don’t need anything. If it wasn’t and your mother inherits it by way of default, than you need a handgun permit. Anything that is specifically listed in the will to go to a certain party does not need special permission, they just need to be legally allowed to own the item and a FID. That is my understanding, someone please correct me if I’m wrong.
My father has an, ummmm, collection. I asked him to specify which is mine in his will for this reason.
I am very sorry for your loss. That should have been my first response, but I wanted to answer your concern first.
Sorry for your loss.
I believe InFamous is correct.
My condolences
What he said….
Sorry for your loss.
There’s a lot of incorrect info here.
NJ State Police FAQ – See number 15.
Firearms Frequently Asked Questions (FAQ’s) | New Jersey State Police
The firearm must be legal to possess in New Jersey and the person receiving the firearm shall not be prohibited by N.J.S.A. 2C:58-3c before receiving the firearm. According to N.J.S.A. 2C:58-3j, “Firearms passing to heirs or legatees. 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 the owner’s heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. The person who shall so receive, or acquire the firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of the firearm does not qualify to possess or carry it, the heir or legatee may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for a 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 the firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during that period.”
Please let us know all of the incorrect information.
The law says if you are immediate family and not a prohibited person you dont have to do anything. Now once you own it, you must adhere to all the other laws regarding firearms…like get an FID would be where I would start.
“Specifically Named” - VERY helpful but not required.
”Need to apply for another handgun permit” - not required.
“Legally transfer” - if you’ve inherited it; it is already yours by ‘testamentary bequest’ (your portion of the inheritance) or by following the laws of intestacy (means died without a will - there are legal percentages to each; depending upon who you are - parent, spouse, child, etc).
Note I am NOT a lawyer, but I can understand what the law says. More info from lawyers:
What you need to know before you die in NJ owning guns
Inheriting Firearms Lawyers Help New Jersey | Gun Inheritance Process Attorney NJ
OP did not inherit it, his mother did. So the question is transfer from mother to son (immediate family members,) not an inheritance question. https://www.nj.gov/njsp/firearms/pdf/Person_Person_transfer_NICS_exemption.pdf
https://law.justia.com/codes/new-jersey/title-2c/section-2c-58-3/
As I understand would need a permit but no NICS.
Please show me where the OP said his mother inherited it. His statement was “He had one handgun that I am inheriting”.
While his mother is “treating this as a huge priority”, if he is inheriting the handgun, he needs do nothing. The firearm is his.
This is all there is too it.
There is no requirement to get an FPIC to own firearms in NJ, unless you already possess them and then move here (why would you do that?)
The only requirement for inheriting is that you must not be a disqualified person. You are not required to apply for any firearm permit to prove it.
I agree but based on the OP mentioning his mom treating as a huge priority leads me to believe there was no last will of the father in which case all that was the father’s is now the mother’s. Mom inherited it but she doesn’t want it and OP is trying to figure out how to legally obtain it. In the end I still believe the OP needs a permit for the transfer from his mom.
If you try to register a transfer here between immediate family it asks for the permit info: Firearms Purchaser Identification Card and/or Handgun Purchase Permit
Intestate law (dying without a will) becomes more complicated; but (stealing a line from the legal profession) you’re assuming facts not in evidence.
A different explanation is that Mom can remember what a PITA it was for dad to get the FID and Handgun permission slip in the first place and assumes it must be that complicated on the other end, too.
From what I have been told, we have the police union to thank for the inheritance rules.
I’m told they got wind of a potential change, and had the inheritance rule written in, so their wives and children didn’t become instant felons when they passed away.
Maybe she just doesn’t like guns very much, or maybe she is the executor and wants to get all the hassle of dealing with the estate behind her.
The OP says:
Why muddy the waters by assuming anything else?
For handguns, yes it is. You aren’t the heir unless named if there’s someone else that lawfully owns it before you.
If you dont have an FID and get caught with guns in the car you are going to have issues…hence why I said just get it anyway.
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