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lending a shotgun for a non FID holder to take to the range


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my friend wants to take my shotgun to a clay range without me.  He has a valid hunting license but not an FID.  I have tried reading every law posted on the NJSP website as well as the NRA and carry forum sights and i just can't make heads or tails of it.  The basic level of information i can find is that a gun can be lent to a non-FID holder "in the field" and transported with a valid hunting license to and from the activity.  I'm not trying to beat a dead horse, but i am having a really hard time determining if i need to be at the range while he uses this shotgun or if i can let him just borrow it.

Im also aware that there is very little chance he will get pulled over, questioned and have his car searched, but im looking for the actual law, not the general reality of what is going to happen.

 

i appreciate any help.

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Short answer, no (because you will not be with him and not transferring at the range).

Here's the actual law that you wanted:

Quote

 

2C:58-3.1.  Temporary transfer of firearms

1.  a.  Notwithstanding the provisions of N.J.S.2C:39-9, N.J.S.2C:58-2, N.J.S.2C:58-3 or any other statute to the contrary concerning the transfer or disposition of firearms, the legal owner, or a dealer licensed under N.J.S.2C:58-2, may temporarily transfer a handgun, rifleor shotgun to another person who is 18 years of age or older, whether or not the person receiving the firearm holds a firearms purchaser identification card or a permit to carry a handgun. The person to whom a handgun, rifle or shotgun is temporarily transferred by the legal owner of the firearm or a licensed dealer may receive, possess, carry and use that handgun, rifle or shotgun, if the transfer is made upon a firing range operated by a licensed dealer, by a law enforcement agency, a legally recognized military organization or a rifle or pistol club which has filed a copy of its charter with the superintendent and annually submits to the superintendent a list of its members and if the firearm is received, possessed, carried and used for the sole purpose of target practice, trap or skeet shooting, or competition upon that firing range or instruction and training at any location.

   A transfer under this subsection shall be for not more than eight consecutive hours in any 24-hour period and may be made for a set fee or an hourly charge.

   The firearm shall be handled and used by the person to whom it is temporarily transferred only in the actual presence or under the direct supervision of the legal owner of the firearm, the dealer who transferred the firearm or any other person competent to supervise the handling and use of firearms and authorized to act for that purpose by the legal owner or licensed dealer.  The legal owner of the firearm or the licensed dealer shall be on the premises or the property of the firing range during the entire time that the firearm is in the possession of the person to whom it is temporarily transferred.

   The term "legal owner" as used in this subsection means a natural person and does not include an organization, commercial enterprise, or a licensed manufacturer, wholesaler or dealer of firearms.

 

A similar section in this 2C:58-3.1 appears after this with respect to loaning a firearm for hunting in the field (the above regards on a range, which is what you asked about).

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7 minutes ago, mazzgolf said:

Short answer, no (because you will not be with him and not transferring at the range).

Here's the actual law that you wanted:

A similar section in this 2C:58-3.1 appears after this with respect to loaning a firearm for hunting in the field (the above regards on a range, which is what you asked about).

I would Print this Out and carry and give to anyone you loan to without the FAIDC . So when the Cop says after reading it-  :headscratch:    You Have the right to remain Silent Anything you say will not Matter. 

animated-American-flag-white-background-2018.gif

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This seems like a major grey area IMO. So if I have a NJ hunting license at age 16 but cant buy a firearm until 18 arent you borrowing a firearm then? And no law states you need to with the minor. I could hunt 50acres away from the minor. Nobwhere does it say you need an FID to accompany a hunting license so to me it would be that a person that could legally own a firearm should be allowed to posess your LONG GUN with your consent.  Again JMO but NJ has stranger laws

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15 minutes ago, mattg1500 said:

This seems like a major grey area IMO. So if I have a NJ hunting license at age 16 but cant buy a firearm until 18 arent you borrowing a firearm then? And no law states you need to with the minor. I could hunt 50acres away from the minor. Nobwhere does it say you need an FID to accompany a hunting license so to me it would be that a person that could legally own a firearm should be allowed to posess your LONG GUN with your consent.  Again JMO but NJ has stranger laws

This is how it was explained to me..  kid 16 years old rides his bike from home with shot gun to duck hunt presently legal worth hunting license..  while riding home a family friend picksup up to save him pedaling.   Stops and gets pulled over..  friend has no fid or hunting license..  the friend can now be charged as the adult is now in possession and does not meet once of the exceptions stupid I know but I wouldn't put it past this state

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I have no idea about laws regarding those under 18 that want to hunt with a firearm - never had to deal with that issue so I never researched it.  But here's the rest of that 2C:58-3.1 law where I said "a similar section in this 2C:58-3.1 appears after this with respect to loaning a firearm for hunting in the field". This only says you can do it for those 18+ years old, but notice specifically the phrase "in the vicinity" and "the entire time" - if you loan a gun to an 18+ year old for hunting, this says you must be at least "in the vicinity... the entire time" that person has the firearm. That's all I know. I suspect laws regarding under-18-year olds would be mentioned in the Title 23 laws (the fish&wildlife / hunting laws) but I do not know.

 

Quote

 2C:58-3.1.  Temporary transfer of firearms

  b.   Notwithstanding the provisions of N.J.S.2C:39-9, N.J.S.2C:58-2, N.J.S.2C:58-3 or any other statute to the contrary concerning the transfer and disposition of firearms, a legal owner of a shotgun or a rifle may temporarily transfer that firearm to another person who is 18 years of age or older, whether or not the person receiving the firearm holds a firearms purchaser identification card. The person to whom a shotgun or rifle is temporarily transferred by the legal owner may receive, possess, carry and use that shotgun or rifle in the woods or fields or upon the waters of this State for the purposes of hunting if the transfer is made in the woods or fields or upon the waters of this State, the shotgun or rifle is legal and appropriate for hunting and the person to whom the firearm is temporarily transferred possesses a valid license to hunt with a firearm, and a valid rifle permit if the firearm is a rifle, obtained in accordance with the provisions of chapter 3 of Title 23 of the Revised Statutes.

   The transfer of a firearm under this subsection shall be for not more than eight consecutive hours in any 24-hour period and no fee shall be charged for the transfer.

   The legal owner of the firearm which is temporarily transferred shall remain in the actual presence or in the vicinity of the person to whom it was transferred during the entire time that the firearm is in that person's possession.

   The term "legal owner" as used in this subsection means a natural person and does not include an organization, commercial enterprise, or a licensed manufacturer, wholesaler or dealer of firearms.

 

The only other thing I found which doesn't explicitly mention age is the infamous exceptions section where it says:

 

Quote

2C :39-6  Exemptions.
   f.   Nothing in subsections b., c., and d. of N.J.S.2C:39-5 shall be construed to prevent:
   (2)   A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;

So you are exempt from needing an FID if you have a hunting license and you are hunting. But notice, though, the firearm must be legal. And AFAIK, in NJ a minor cannot be a legal owner of a firearm (I don't even think they can legally become an owner if they inherit it - but maybe they can - again, I don't know. Never researched it). So they would need to be legally possessing it, even if they aren't the owner. How they can do? That I don't know - there must be law somewhere that allows an under-18 year old to hunt with a firearm. As I say, that 2C:58-3.1 above only allows for temporary transfer for 18 and over.

The NJ gun laws are a mis-mash of codes and laws that you find all over - 2C:39, 2C:58, the NJ admin code has some, and I'm sure the Title 23 statutes talk about it too. Somewhere in there it must talk about under-18 year olds hunting with a firearm.

But, when in doubt, assume you are a criminal :) 

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I had this conversation before about 17 year olds 

At that time I spoke with a detective from state police firearms division and was told no fid then not able to transport the firearm outside their home.

And their are strict guidelines when lending a firearm to a legally abled person as well.

i would suggest a call to state police firearms unit it took me 5 minutes 

Edited by Bones
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