Legal question - NJ/PA rifle purchase.

[11B3Y]

Greeting fellow members:

I have a few legal questions I need to put before the lawyers / legal members of this forum. I have tried to research and answer them to the best of my ability and now need help. I sincerely hope this does not pose too much difficulty to verify.

1.) Can I purchase a rifle in PA with NJ credentials?
2.) Do I qualify as a PA resident when in my residence in PA? (See BATF definition of resident below)
3.) Can I purchase a DSA SA58 in PA and store it in PA? (See NJ definition of banned firearm below)
4.) Last (and most important) question, if I can purchase this rifle legally in PA, does anyone know of an FFL that will conduct the transaction?

Background:

. I want to purchase a DSA SA58 Carbine from a PA FFL dealer. I have a residence in NJ and PA. I spend my work week here in NJ and most of my weekends in PA. This is my legal second home and where I will retire.

According to the BATF document titled "Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice 478.11" (http://law.justia.com/us/cfr/title27...2.3.2.1.1.html ), it defines residence as follows:

“State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:
Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.
Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.”

So, according to example 2 of this BATF regulation, while in my house in PA, I qualify as a resident?
…………………………………………………………………………………………………………………………………… …………

Here is a link to New Jersey's definition of a banned weapon:

http://www.state.nj.us/lps/dcj/agguide/assltf.htm

To summarize, the DSA SA58 does not appear to be a banned firearm. It is not named specifically, and it does not have the 2 features spelled out in NJ law that would make it “substantially identical” to a banned firearm. Please see below from the New Jersey AG website:
A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria:
A. semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 of the following:
1. a folding or telescoping stock; [has a fixed stock]
2. a pistol grip that protrudes conspicuously beneath the action of the weapon;
3. a bayonet mount;
4. a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
5. a grenade launcher;
The only feature the rifle has is number 2, the pistol grip. The barrel has a permanently attached muzzle break, not a flash suppressor. In addition, DSA sells 10 round "NJ" legal magazines. Why would they sell these NJ compliant magazines if the rifle was not NJ legal as well?

I have asked the question of NJ FFL dealers, and they do not seem to know a definitive answer, and don't seem want to take the time to find out. That is why I want to purchase in PA, and keep it in PA.

I would greatly appreciate any solid, legal advice and thank you for your time in advance,

Thomas

[GunLawyer001]

If you had a PA driver's license, it would be simpler, but you state that you have "NJ credentials".

Still, I think that there's a provision in Federal law that allows an FFL to sell to a resident of an adjacent state, as long as the transaction is legal in both states. I have no opinion on whether that rifle is banned under NJ law, and I doubt that your average FFL will have an opinion, either.

It doesn't sound criminal to me, unless you lie on the paperwork. Visit a few PA FFL's and give it a try. Take some bills from your PA home to show good faith residency, although your driver's license will supersede that.

[11B3Y]

I would never lie or falsify when purchasing a firearm. I hold my rights (such as they are in NJ) very dear. By credentials, I mean NJ Firearms ID card.

Thanks,

Thomas

[Montell C. Williams]

I know that if you live in NJ and have a NJ Firearms Purcheser ID card you can buy long guns at Wal-Mart in PA, as for what is banned in NJ that is trickey, even a Marlin m-60 .22 is illegal cause the tube holds 15 .22lrs and in NJ nothing over 10 is allowed, just having a magazine that holds over 10 is illegal even if you don't have the gun. Possession of a single HP .22lr round is a 4th degree felony unless in your home or groundhog hunting with a license and rifle hunting permit.

The buy may be legal but not the gun.

[JP720]

having done this, PA cannot sell you a long gun unless you posses an NJ firearms id card. PA cannot sell you a pistol unless you have a pistol permit from NJ.

however, if you had a PA license, no problems. i went to nj last weekend to visit family and ended up visiting Shore Shot where i was told that since i have a pa license, i cannot even buy long guns from them even though its legal in pa, i still need an nj fid to buy long guns in nj. they could sell it to me and ship it to an ffl, but i could not walk out of the store with it.

[wis bang]

I used to have a co-worker who lived and worked in NJ and hunted in PA having his 'vacation' home there. He was charged w/ illegally purchasing a resident pa hunting license. He held an NJ driver license AND was registered to vote in NJ...the judge would not budge over the part time residency....

[gf45acp]

Howdy Thomas,
First, IANAL.
Second, as an escapee of the PRNJ I will offer the following friendly observations.
DSA makes a ton of different models. Exactly which one you are looking at could make a world of pain come or go.
For example, if it says "FAL" anywhere on the gun it is most likely banned, under the by name clause. A quick look at DSA's website shows that they call these most of these guns FAL's.
If all of your paperwork is NJ, DL is NJ, and you have an FID, I would believe that this would make you a NJ resident. When the dealer asks for ID and you whip out that NJ DL he should be asking for your FID. The transaction must be legal in both states, and this requires him to ask for the FID when you show NJ ID. He must also have you complete a NJ Certificate of Eligability form.
Personally, I don't think that a dealer is going to do the transaction, way to close to the line, and the dealer is not going to risk his business on where the PD will call it.
If you must have a semi .308 get an M1A, or a Saiga.
Better yet, escape to Pa full time, and do away with the problem!

[IV_Warrior]

Originally Posted by wis bang

I used to have a co-worker who lived and worked in NJ and hunted in PA having his 'vacation' home there. He was charged w/ illegally purchasing a resident pa hunting license. He held an NJ driver license AND was registered to vote in NJ...the judge would not budge over the part time residency....

But hunting licenses use a different standard for "residency". According to the info provided by the OP, I'd say he qualifies as a resident according to the ATF. However, the Game Commission uses a different standard.

Taken from the Game Commission website, about licenses:

To qualify for a resident license, applicants must be domiciled in Pennsylvania at least 30 consecutive days prior to application and produce positive proof of residency.

That 30 consecutive days part rules out people with weekend/vacation homes.

[11B3Y]

Originally Posted by gf45acp

Howdy Thomas,
If you must have a semi .308 get an M1A, or a Saiga.

Have had the M1A -- didn't care for it.

Originally Posted by gf45acp

Better yet, escape to Pa full time, and do away with the problem!

When I read the ATF letter (before I purchased the PA home) I thought I "had" escaped to PA.

Thanks

[gf45acp]

Thomas, perhaps you could switch all of your ID to the Pa as primarry residence, and you live here and commute to NJ to work?