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Hello, everyone! Beforehand I'd like to thank you all for taking the time to answer my question. Please bear with me as my situation is a little bit complicated.
About 2 or 3 years ago I went to a Cabela's store in Pennsylvania with my family and my wife purchased an air gun rifle ( Umarex .177 caliber ) for me as a birthday gift as hunting has always been one of my interests.
Here's where it gets tricky: I live in NJ, have never used the gun, but obvioulsy have kept it at home this whole time not knowing that I'm required by NJ law to obtain a license in order to own it. I just found that out over this weekend because I'm going through a divorce and my wife mentioned in court that I own an air gun (the one she gave me, mind you!) and she's trying to get full custody for the kids using that as reason to make me look like an unfit father.
Now...going through the Internet to find out the law I discovered that I could even end up in jail for not having a license! I had no idea an air gun is considered a firearm in NJ! My other problem is that due to my immigration status and the fact that I don't have a SS# I'm unable to register the gun and get a license. I'm trying to find a way to dispose of it somehow as I don't want to lose my kids over such a stupid mistake! But I have no idea of what to do from now on. Can anybody help in any way? Any suggestion will be greatly appreciated! Thank you very much!
Cabelas is well-aware of NJ's strict gun laws and will not sell guns to NJ residents if the weapon is one that would require a permit to be purchased in NJ.
• BB guns require a permit.
• Airsoft rifles do not.
Are you sure the "air rifle" that you have requires a permit?
Suggestion: Call CABELAS and ask them! They'll be able to give you much more specific guidance than you'll get here. They will know exactly how your model rifle is classified for legal purposes.
PS: If your wife was the actual purchaser, it was SHE who broke the law — not you! Contrary to popular belief, NJ does not require you have a license to OWN a gun. It requires you have a license to BUY one! Regardless, this is not an issue that either of you should want to get into a fight about.
Last edited by MaverickDD; 07-25-2016 at 08:35 AM..
You say she was the one who actually bought it
What paperwork did she tell them. Her name? her background check?
Does she have an FID card?
Sounds like at that time she was the owner (in PA)
She transported it illegally across state lines to NJ
never registered in NJ
Transported illegally in car to your home
then gifted it to you
But no paperwork or transfer of ownership.
Sounds like she is still legal owner (and still illegal)
Your lawyer should be able to run with that info and negate any character references to you
You could just return "her " property to her
There is no requirement to possess a "license" for an airgun purchased in PA, nor is there a requirement to have said airgun registered in NJ when brought back home. There are strict laws that govern the transportation of an airgun in NJ, but that's another story. The transfer from your wife to you is clean if it occurred while in PA, but both of you are felons if it occurred in NJ. Only the people present during that trip know what happened.
As far as the effect that this will have on your case, I would bring that up with your divorce attorney. If you want to get rid of it, I suggest selling it to a gun store (or giving it to them if they don't want to pay for it). They will do transfer paperwork, and you will have a record of legally transfering the firearm to someone else. You are permitted to drive directly between your house and a gun store. Not sure if they changed the law yet, but as far as I know it's illegal to make any side trips, even to stop for gas or go to a bathroom. Please don't just show up in a police station with it, even if packaged and unloaded.
It's not illegal to own a firearm (including an airgun) in NJ without a permit, only to purchase or otherwise transfer one. (I am not a lawyer however)
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