Temporary Move to Unfriendly State

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  • 4MDGunRights

    Gun Totin' Member
    Jul 28, 2009
    666
    Morris Co, New Jersistan
    I have to move to a really gun un-freindly state for a year or so (New Jersey, you think MD is bad :( ). I own weapons that I can't own there, including an H&K G3 clone, 3 AK-47s (1 SBR), an AR-15 and a YHM can. My can and the SBR are owned on a trust. I know that the AKs and the AR may be owned with magazine and other possible restrictions but I'd rather not even bring them into the state; the G3 is definitely verboten in any form.
    What can I do to avoid having to sell these items? My brother lives in Virginia, so I guess I could possibly add all the items that NJ won't let me own to my trust, and make my bro a trustee, and leave them with him while I am away.
    Any suggestions?
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    I have to move to a really gun un-freindly state for a year or so (New Jersey, you think MD is bad :( ). I own weapons that I can't own there, including an H&K G3 clone, 3 AK-47s (1 SBR), an AR-15 and a YHM can. My can and the SBR are owned on a trust. I know that the AKs and the AR may be owned with magazine and other possible restrictions but I'd rather not even bring them into the state; the G3 is definitely verboten in any form.
    What can I do to avoid having to sell these items? My brother lives in Virginia, so I guess I could possibly add all the items that NJ won't let me own to my trust, and make my bro a trustee, and leave them with him while I am away.
    Any suggestions?

    You would need to obviously add your brother to the trust in order to let him possess the SBR and the can, however you can store your weapons with your brother without any paperwork at all. Certainly you could transfer the weapons to the trust, but you can store weapons at your brothers house without running afoul of the law since no transfer has occurred. If you are paranoid about ownership/transfer issues, they could be stored in a locked case and it would be no different than storing them anywhere else (like a storage unit.) Being locked up, they are still under your positive control. Of course you should check with a lawyer, as I am not a lawyer and this is not legal advice. Don't forget your 5320.20 when bringing the SBR across the state line.

    Mark

    PS - Jersey does suck!
     

    Luke 12:49

    A Good Ole Boy
    Feb 18, 2009
    1,790
    Culvert County
    I have to move to a really gun un-freindly state for a year or so (New Jersey, you think MD is bad :( ). I own weapons that I can't own there, including an H&K G3 clone, 3 AK-47s (1 SBR), an AR-15 and a YHM can. My can and the SBR are owned on a trust. I know that the AKs and the AR may be owned with magazine and other possible restrictions but I'd rather not even bring them into the state; the G3 is definitely verboten in any form.
    What can I do to avoid having to sell these items? My brother lives in Virginia, so I guess I could possibly add all the items that NJ won't let me own to my trust, and make my bro a trustee, and leave them with him while I am away.
    Any suggestions?

    You lost your guns on that fishing and camping (no Brokeback Mountain) trip I took you on the other weekend.
     

    marko

    Banned
    BANNED!!!
    Jan 28, 2009
    7,048
    I say do not buy property in NJ. Tax hell. The upper west side of NJ is all nearly wilderness, it's in a state park, it's beautiful, near the Delaware Water Gap. That whole Delaware side of NJ is nice (until Camden, etc.) I lived in Jersey for 20+ years, would never live there again. Live in Pa to avoid the hassles.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,517
    Plan A - Consult NFA knowledegable atty about leaving them behind stores in locked cases, or preferably locked gunsafe.
    Plan B - anywhere in NJ is within extended commuting distance of PA border.
     

    4MDGunRights

    Gun Totin' Member
    Jul 28, 2009
    666
    Morris Co, New Jersistan
    Agreed, living in PA would solve the class 3 issues, but I don't really want to have an hour + daily commute, and the wife has already checked out the Stroudsburg area and doesn't like it. I am not buying property in NJ, ever.
     

    CKOD

    Active Member
    Jan 30, 2009
    348
    Plan A - Consult NFA knowledegable atty about leaving them behind stores in locked cases, or preferably locked gunsafe.Plan B - anywhere in NJ is within extended commuting distance of PA border.

    There is no such thing as a NFA knowledgable attorney, because the ATF makes up rulings and enforces it as law. You can write a letter to the ATF and get a response, but even then if the ATF changes their mind about something, too bad.

    For your NFA stuff, you could put all of that in a locking container (excuse to get a nice pelican case and load it with a bunch of dessicant?) Lock it, and let someone you trust outside of NJ hold onto them. You most likely file a 5320.20 on where they are being kept, too. ATF NFA branch would probaby even be somewhat helpful with this even if its just a call, though letter would get you something in writing.

    As for the other stuff, you should probably be fine if you put that stuff in the lock box also. Dont forget rust prevention, in addition to the dessicant, I'd oil everything heavily, and even coat everything with grease except stocks, and metal surfaces which are coated with duracoat and the like.
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    If you move NFA guns anywhere out of state (even temporarily) you need to get ATF permission. This means you need permission to move SBRs to VA. Silencers are fine, but you would be well served filing the paperwork for those, too.

    And such permission is given on a one-year basis only. If you will be gone longer, your easiest route is to add your brother to the trust and make a permanent move of the items until you get back. Note that your brother will have 100% rights to the items this way (use and transfer).

    If you want another way, call an attorney. Doug Warfel is used by a bunch of folks on this forum.
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    If you move NFA guns anywhere out of state (even temporarily) you need to get ATF permission. This means you need permission to move SBRs to VA. Silencers are fine, but you would be well served filing the paperwork for those, too.

    And such permission is given on a one-year basis only. If you will be gone longer, your easiest route is to add your brother to the trust and make a permanent move of the items until you get back. Note that your brother will have 100% rights to the items this way (use and transfer).

    If you want another way, call an attorney. Doug Warfel is used by a bunch of folks on this forum.

    You can have permission to move them "permanently".

    Mark
     
    Just do a year-long Form 5320.20 (repeat if neccessary) to your bro's address in VA, and add his name to the trust. Store them there. Done.

    If you're feeling extra paranoid, lock them in a case with a padlock and keep the key with you so he can legitimately say that he does NOT have access to them.



    Jersey? Really? F' that. There ARE other jobs, ya know...
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,517
    I took a brief in person poll. Most people would commute an hour to be able to carry, and have NFAs.
     

    Fustercluck

    Active Member
    Aug 4, 2008
    776
    Eastern Shore
    I took a brief in person poll. Most people would commute an hour to be able to carry, and have NFAs.

    +1. I wouldn't take a dump in New Jersey if I could hold it long enough to make it across the state line, much less live there. That place has all the liberal downsides of California with virtually none of the awesome natural resources.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,586
    Hazzard County
    Fill out a 5320.20 for VA for all your NFA toys. Put a safe in a spare room of your brother's house, put all your guns in it and lock the safe.
     

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