Quick firearm question

**Kickapoo** · Posted On: 6/05/2010 11:36pm

So, my grandfather recently passed (God rest his soul).
My grandmother told me he wanted me to have his rifles (just two .22s) and one of his old hunting shotguns (an over-under, I'm pretty sure it was a 16 gauge).
The thing is, I don't have any sort of licenses (besides my...driver's one?). Has anyone been in this situation before? What am I supposed to do?

**joecos** · Posted On: 6/06/2010 2:13am

Originally Posted by Kickapoo

So, my grandfather recently passed (God rest his soul).
My grandmother told me he wanted me to have his rifles (just two .22s) and one of his old hunting shotguns (an over-under, I'm pretty sure it was a 16 gauge).
The thing is, I don't have any sort of licenses (besides my...driver's one?). Has anyone been in this situation before? What am I supposed to do?

If you are in NJ, this is the applicable law:

N.J.A.C. 13:54-1.13 Firearms passing to heirs or legatees
(a) Notwithstanding the provisions of this subchapter concerning the transfer, receipt or acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to their heir or
legatee, whether the same be by testamentary bequest or by the laws of intestacy. A person so acquiring ownership may retain the firearm if he or she meets the requirements of N.J.A.C. 13:54-1.5 and 1.6.
(b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of the firearm for the purpose of sale for a period of 180 days, which period may be extended by the chief of police or the Superintendent. During such period the firearm must be placed in the custody of the chief of police or Superintendent.

...as long as you are qualified to own a firearm, you do not have to do anything.

**SFGOON** · Posted On: 6/06/2010 2:18am

It depends on the law of your state. This site http://www.njguns.com/permit.htm seems to direct you to your local law enforcement agency.

**tgace** · Posted On: 6/06/2010 2:47am

Hell..if they are long guns most states don't even require a license. You can buy a long gun through the want adds around here.

**joecos** · Posted On: 6/06/2010 8:30am

One other issue -- I lived in NJ when they passed the state assault weapons ban, One provision of that law bans weapons that have a "fixed magazine capacity exceeding 15 rounds." My little .22 rifle with the 17 round tube magazine became an assault weapon, and was illegal to keep. If either of your grandfather's .22's are of that type, they are illegal and it is a felony to keep them.

You also can't buy handgun ammunition in NJ unless you have a firearms
purchaser identification card. Most shops won't sell .22 without the card, because it can be used in handguns.

**Devil** · Posted On: 6/06/2010 10:00am

Sorry about your grandfather.

My advice would be to move the **** out of New Jersey. A .22 with a tube magazine is an assault rifle? Jesus Christ.

**Mr. Machette** · Posted On: 6/07/2010 3:28pm

Originally Posted by joecos

My little .22 rifle with the 17 round tube magazine became an assault weapon, and was illegal to keep.

You sure about that?

Here in Cali, the "assault weapons" ban specifies "center fire" ammunition as one of the requisits for being considered an "assault rifle" by law.

Not sure if NJ is the same, but that little clause makes .22lr a-ok as it's old school rimfire.

**joecos** · Posted On: 6/07/2010 4:26pm

Originally Posted by Mr. Machette

You sure about that?

Here in Cali, the "assault weapons" ban specifies "center fire" ammunition as one of the requisits for being considered an "assault rifle" by law.

Not sure if NJ is the same, but that little clause makes .22lr a-ok as it's old school rimfire.

Excerpt from NJ law:

The legislation also prohibits any firearms which are substantially identical to any of the above firearms; any semiautomatic shotgun with either a magazine capacity exceeding six rounds, a conspicuous pistol grip, or a folding stock; a semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds. Any magazine with a capacity greater than fifteen rounds is prohibited, even if there is no semi-automatic firearm to accompany the magazine.

There is nowhere any language that specifies center-fire, as a matter of fact, when they were debating the bill one of the opponents submitted a video of a .22 with a greater than 15 round capacity as an example of just how poorly the term assault rifle was defined.