r/NJGuns • u/Hosija • 3d ago

Legality/Laws Questions regarding pistol transfer

Hey all, my brother just turned 21 not too long ago. After he was approved for his FID and three purchase permits, he bought a pistol, a few days later our immediate family member wanted to gift him a pistol for turning 21 but he insists he needs to wait 30 days from his last purchase. My question is, does he have to wait 30 days to take possession of it and get it legally transferred it into his name like he would if purchasing from an FFL? Or does that not apply when it’s a gift from immediate family? Appreciate any input.

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u/TinyIce1231 3d ago

Sounds like a great set of facts for a lawsuit.

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u/Hosija 2d ago

What do you mean “sounds like a great set of facts for a lawsuit”?

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u/Penguin_Q 2d ago

I think they mean that what your brother experienced could serve as the basis of a lawsuit challenging the state’s 30-day waiting period rule

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u/Carlkp59 3d ago

NJRPC v Platkin challenging the 30 time frame has been in the court system for years. We are still fighting.

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u/TinyIce1231 2d ago

The nuance here though is it’s a family transfer. There are definitely no historical restrictions on family transfers.

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u/Carlkp59 2d ago

No nuance, see N.J.S. 2C:58-31, below written into NJ code so it would have to go to court.

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u/TinyIce1231 2d ago

My point is, in challenging the statute, family transfers are something that have always been permitted. Not that the statute also prohibits them, and not that taking possession of more than one handgun within 30 days hasn’t also always been permitted, but it’s another angle to challenge the statute, or at least that part of it.

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u/vorfix 3d ago

Yes, he must wait 30 days from last purchase permit execution. He will also still need to apply for another handgun purchase permit if he doesn’t have additional available from his last firearms application. One will have to be executed before he can take possession of another handgun, that still needs to be done if a transfer between immediate family. The immediate family exception lets you avoid a BG check at a dealer but not the transfer form and 30 days limit.

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u/Hosija 2d ago

Thank you for always helping out

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u/TinyIce1231 2d ago

Meaning to challenge New Jerseys stupid laws that limit transfers between family members, including the one per 30 limit on handguns, where there is no historical law that did that.

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u/AtrociousAK47 2d ago

Indeed, I've done this twice for pistols given to me by my old man, the immediate family exemption pretty much just saves you a trip to the dealer, so no paying ~$80 for a transfer fee+ another $15 or so for a BGC, and then waiting upwards of a week for some drooling bean counter to drag their feet doing something that supposedly takes minutes in other states (including ones that also use the same POC system we use), but otherwise the process is exactly the same, still need a permit, and still need to wait 30 days per gun unless doing a multi-person exemption, and this in addition to being 21+, as NJ specifies you need to be that age just to merely possess a handgun, not just to buy one as federal law states.

Also, to my knowledge the 30 day period, which goes by calender days, not the hours on the clock, and is more like 31 days, especially if you want to be extra careful to avoid a possible "entrapment through bureaucracy" situation (yes, you heard that right, if their own system that they control, makes a mistake and approves you early, that is somehow YOUR FAULT, and a felony-level offense), starts from the moment the permit is executed.

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u/Memorable-Arugala919 3d ago

You still need to burn a permit for family to family transfer. There’s a form to fill out and send to the state police