New Jersey Inheriting Firearms Lawyers

Weapons Attorneys Near Me in Somerset County, New Jersey

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Inheriting Firearms NJ Help

New Jersey weapons laws can seem like a labyrinth, meant to overwhelm and intimidate prospective gun owners into giving up their quest for gun ownership. However, the Second Amendment provides U.S. citizens with the right to bear arms, and this fundamental right can be exercised if you have the knowledge to execute the process. Knowledge is power, particularly when confronting the issue of guns in America, because of the hotly debated, highly variable nature of the issue. In New Jersey, your rights and responsibilities are significantly different if you are purchasing a firearm, as opposed to inheriting one. Ordinarily, gun purchases require state-mandated paperwork. One way to avoid multiple documents like firearms purchaser’s identification cards, eligibility certification for firearm transfers, and handgun permits is to inherit a firearm. New Jersey does not require individuals inheriting a firearm to register or otherwise identify in writing the inherited gun as one would do when purchasing from a federally licensed dealer. As such, inherited guns have no paper trail so long as they stay within the family or other beneficiaries as inheritances.

Our New Jersey weapons attorneys have a thorough understanding of New Jersey gun laws, and we utilize this knowledge to assist clients across the state with a vast array of gun-related issues. Whether you need assistance with the firearms permit application process, an appeal of a gun permit denial, a return of weapons hearing arising from alleged domestic violence, an expungement to obtain a gun permit, defense against criminal weapons charges, or you simply want to understand your current situation and your available options, we can help. Our lawyers have experience on both sides of the system, having served as gun prosecutors, members of the Attorney General’s Office, members of County Weapons Forfeiture units, and criminal defense attorneys at some of New Jersey’s largest and most prestigious firms. We leverage this unique insight to provide unparalleled representation in gun-related matters, serving clients who hail from counties across the state, including Somerset, Middlesex, Mercer, Monmouth, and Ocean counties. To discuss your case and receive a cost-free consultation today, contact our New Jersey gun lawyers at (201)-614-2474.

Inheriting Firearms in New Jersey

New Jersey law allows residents to inherit firearms without requiring the recipient to obtain a Permit to Purchase a Handgun, Permit to Carry a Handgun, or Firearms Purchaser Identification Card. Section N.J.S. 2C:58-3j, entitled “Firearms passing to heirs or legatees,” states the following:

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 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.

Essentially, this means that if you do not meet any of the criteria that would qualify you as a person prohibited from possessing a firearm in New Jersey, you can receive the firearm without submitting to the permit application process. If you do meet the criteria of a “prohibited person,” you have 180 days to sell the firearm to an eligible owner or place it in the custody of the Superintendent of the NJ State Police or the Chief of Police of your local police department while you identify a buyer.

NOTE: The aforementioned policy applies to handguns, rifles, shotguns, etc., but does not apply to assault firearms. Under New Jersey law, licensed and registered assault firearms are not approved for inheritance.

Transferring Firearms Through Wills and Intestate Succession in NJ

An individual may inherit a gun by will or intestacy without a will. A revocable trust is not a legal way to inherit a weapon. However, a New Jersey resident can inherit from someone living outside New Jersey. Thus, an individual may leave all their guns or specified guns to a designated heir or pursuant to a general provision in a will to a remainder beneficiary such as a spouse, partner, or children. In the absence of a will, the state will pass the property of a deceased person to lawful heirs by intestate succession, meaning those who are entitled to receive a deceased’s property by law, such as spouses, children, parents, siblings, and other relatives, in order of priority.

Eligibility to Inherit Firearms in New Jersey

While anyone can be an heir by will or any relative by intestate succession, not everyone can possess a firearm. There are many different types of individuals who are prohibited from owning a firearm in New Jersey. N.J.S.A. 2C:58-3 prohibits those convicted of indictable offenses, disorderly persons offenses, or domestic violence-related offenses from owning guns or obtaining gun permits. In addition, those previously confined to a mental institution or hospital for mental health disorders, those with physical disabilities who cannot handle guns safely, those who do not meet age requirements, those subject to restraining orders, and those with substance abuse problems may not legally own a gun. There is one caveat with respect to mental health commitments, which may be expunged through mental health expungements.

One consideration for passing firearms to heirs is the will’s beneficiary. For example, many wills designate the surviving spouse as the recipient of all property, including guns, or children, if the spouse predeceases the person whose will includes weapons. However, a spouse who does not want firearms may be stuck with the guns or forced to sell the guns through a firearms dealer or surrender them to the police if the spouse becomes ineligible to own a gun. When the spouse is a prohibited person, they must sell or surrender the gun within 180 days, by law.

Rules for Inheriting Guns in NJ from Deceased Persons in Other States

Federal law prohibits unlicensed interstate transfers of firearms, except for firearms transfers to out-of-state residents acquiring a firearm by inheritance, as per 18 U.S.C.922(a)(5). A New Jersey resident can inherit from someone living inside or outside New Jersey, so long as they are not prohibited from owning a firearm and New Jersey does not prohibit the weapon pursuant to N.J.S.A 2C:39-1.w and N.J.A.C. 13:54-1.2, such as assault weapons, high capacity magazine firearms, defaced firearms, and a host of others specified in the state’s extensive body of weapons laws and regulations.

Do You Need a Gun Permit to Inherit a Firearm in New Jersey?

An individual who inherits a firearm in New Jersey does not need a gun permit. However, you still need to obtain a firearms purchaser identification card, permit to purchase a handgun, or handgun carry permit in order to purchase handgun ammunition. You do not need a permit to purchase ammunition for other firearms, such as rifles or shotguns. If you wish to carry a handgun that you inherited, you will need to to apply for a carry permit.

As it relates to registration, firearms registration is voluntary in New Jersey, so one who inherits a firearm may voluntarily register it, though it is not mandatory.

Other Restrictions to Keep in Mind if You Inherit a Firearm in New Jersey

If an inherited firearm stays home, the owner does not have to worry about applying for and completing official paperwork to possess it. However, once the gun leaves the house, the owner must consider the laws governing the transportation and carrying of firearms. When the guns are hunting or recreational rifles, the owner may not have to get a carry permit, but they still must transport them according to legal requirements, which mandate secure lockboxes or fastened holders with the ammunition separated. A handgun carry permit is necessary to carry a handgun. In that case, the owner must apply to the state for a permit.

The danger of inheriting a firearm is not knowing what is legal to own, sell, or use. Many fall into the trap of believing the gun is theirs to use as they wish. However, the gun laws in New Jersey do not make exceptions for mistakes. The punishments for gun violations are unforgiving. Under NJ weapons laws, these convictions can mean years in prison, enormous fines, and a criminal record that can ruin your chances of getting back on your feet for a long time. For instance, possessing a firearm unlawfully can be a second degree crime if the weapon involved is a handgun, machine gun, or assault firearm. Upon conviction, a judge can sentence the violator to up to 10 years in prison and a maximum $150,000.00 fine. For rifles and shotguns, the charges are third degree crimes with a potential prison term of up to 5 years and a maximum $15,000 fine.

Contact our Local Somerville Gun Inheritance Lawyers for a Free Consultation

If you have questions regarding the inheriting of firearms or the gun permit application process in New Jersey, contact our New Jersey weapons attorneys for immediate answers and a free consultation. Our talented team of New Jersey gun defense attorneys can also help if you face charges for illegally owning or using a gun that you inherited. We know how to defend you against the harsh consequences of illegal possession, possessing an illegal weapon, and other gun charges. Call (201)-614-2474 today.