Articles Posted in New Jersey – Gun Trust Lawyer

As more lawyers begin to dabble with Gun Trusts we are seeing many who do not understand firearms and their unique nature which can often involve criminal penalties related to the improper transfer, possession, and use related to firearms or ammunition.

While it is fine to transfer a pair or sox, coins, most personal property to your trust without doing anything other than assigning it, the transfer of restricted items like firearms or ammunition is a different matter. If you can sell a gun to an individual in your state without going through a dealer you should be able to transfer a firearm to your trust without going through dealer. This is the case in most states.

In a few states like California, Colorado, Connecticut, DC, Illinois, Iowa, Maryland, Rhode Island, Massachusetts, Michigan, Nebraska, New Jersey, New York, North Carolina, and Pennsylvania where all personal transfers of some or all firearms must go through a background check, there may be no exception for transferring a firearm to a trust even if it is your own trust. Sure an argument could be made that there is no transfer and as such you should not have to go through a dealer, but why would one take the risk.

New Jersey is about to limit handgun purchases for dealers and individuals to 1 per month according to Attorney Evan Nappen’s interpretation of the proposed legislation. As a result, once dealers sell their inventory, you will no longer be able to purchase handguns in New Jersey. The proposed legislation will have the effect of putting all gun dealers out of business and their employees will lose their jobs.

Evan has put the legislation on notice of this for over a year but the bill has not been modified to correct for this oversight. Some believe it is an oversight, others believe that it is intentional.

This bill seems to violate the commerce clause and the Heller decision by the Supreme Court last year. If passed it will undoubtedly be challenged on a constitutional basis.

AR15sbrsilencer.jpgWith the recent discussions about the potential federal ban on assault weapons being reinstated,  I thought it would be interesting to see which states already have bans on Assault Weapons

California bans “assault weapons”, .50BMG caliber firearms, some .50 caliber ammunition and “unsafe handguns.”

Connecticut  Bans “assault weapons” as well as select fire machine guns.

New Jersey NFA Class 3 firearmsThere are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In New Jersey you can own the following items that are regulated the the National Firearms Act

Machine Guns *


Only a few states do not have a constitutional provision dealing withe the right to bear arms: California, Iowa, Maryland,

Minnesota, New Jersey, and New York.

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