Gunsitters® Questions
Gunsitters is the leading authority on Secure Firearm Storage. Here we answer the tough questions on how to safely and legally secure your firearms.
Q: Is it legal to allow a friend or family member to store my firearms in their possession?
A: No it is prohibited to give possession of a firearm to an individual who is not within your immediate presence. Both parties can face criminal charges if this is discovered by law enforcement.
i.e. If your firearms are stolen/missing from a friend or family member or if you experience legal problems and law enforcement wishes to secure your firearms and they are not kept in your possession, this could trigger additional criminal charges for all parties evolved.
N.J.S. 2C:58-1 - Temporary transfer of firearms. A legal firearms owner may temporarily transfer a handgun, shotgun, or rifle for a period of time that does not extend more than 8 consecutive hours in a 24 hour period. The legal owner of the firearms which are temporarily transferred shall remain in the actual presence or in the vicinity of the person to whom it was transferred the entire time the firearms is in that person's possession. Also be aware of N.J.S. 2C:39-7 - Certain Persons not to have firearms.
Q: What do I do with my firearms if I am going on vacation?
A: If you leave your home for an extended period of time there is a greater risk and opportunity of theft of your firearms when they are unattended. If your firearms are stolen/missing and it is not reported within the statutory of 36 hours of your knowledge, you may be held criminally liable under the trafficking and straw purchase laws. This also opens you up to criminal and civil liability and it is a best practice to store your firearms in a commercial secure firearms storage facility.
Q: What do I do with my firearms if I am a Military Service Member being deployed?
A: Many Military installations have strict rules regarding personal firearms being kept on government property. Gunsitters Locations offers discounts to active, reserved and Military Service Veterans. You can store your firearms while deployed, mobilized or at schools at a discount. (at participating locations)
Q: Should I keep my firearms in my home when it is being renovated?
A: No. Whenever you invite strangers into your home and you will not be physically present or they will be left unsupervised, it may be advisable to store your firearms in a secure commercial firearm storage facility. Most contractors, movers, painters, carpet cleaners, furniture/appliance delivery people are not criminally background checked. Therefore you want to be cautious with your choice of whom you invite/hire to access your home.
Q: Should I keep my firearms in my home while I am selling?
A: No. When you “list” your home for sale with a real estate brokerage firm, you agree to allow the broker and any sales agent to have full access to your home. Customarily, you are not present for the open house and any of the following visits by the real estate sales agent and prospective buyers. This provides an opportunity for strangers to study or simply photograph or video the layout, security camera and storage system you use to secure your firearms. This could lead to future thefts of your home by these such individual or people he may “share” your information with. It is a best practice to store your firearms in a commercial secure firearms storage facility before you list your home and throughout the sale process.
Note: When you close on the house you are selling, you must apply for a new driver’s license and firearms ID card in the municipality you are moving to within 30 days.
Q: Can I keep my firearms in a hotel room?
A: Yes. But only while you are present in the room. Unlike an apartment or a condo rental, a hotel room is not a leased premise and you do not have sole possession of that property.
Q: Can I store my firearms in a Self-Storage Facility?
A: No. Self-Storage contracts are devised to assure that the Self-Storage owner gets their rental fee, either from monthly payments or through a warehousemen’s lien. The items that are stored but not paid for over a period of time could contractually be sold. The sales are held as auctions and the winner of the auction will take possession of the storage unit and its contents. The winner of the auction may not qualify for a NJ firearms purchasers ID card and has not filled out the necessary transfer paperwork nor has passed a NJ NICS check; therefore, if firearms are obtained by this auction winner, the owner of the rental unit, the renter of the unit, and the auctioneer may be liable for facilitating an illegal firearms transfer.
Q: Can I store my firearms in a NJ Pawn Shop?
A: No. Under N.J.S. 2C:39-11a, it is not lawful for a pawnbroker to sell, offer to sell, lend or give away any weapon, destructive device or explosive.
Q: Can I store my firearms in a Banks Safety Deposit Box?
A: While there is no law against storing firearms in a safe deposit box, most rental agreements prohibit the storage of explosives, intoxicating liquors, narcotics or any property of an illegal, malodorous or destructive nature.
Q: What do I do with my firearms during a natural disaster or house fire?
A: If your home is located in a declared natural disaster area or has had a serious crime or fire happen, your certificate of occupancy may be voided and you will not be allowed to enter or live in the dwelling for an undetermined period of time. The police may offer to secure your firearms inventory with them, however this could be precarious if you’re in possession of any illegal firearms or parts and/or associated items that can be assembled to make a firearm illegal. A secure commercial firearms storage facility can be helpful in these situations.
Q: What do I do with my firearms if I am pending Legal action?
A: If you have a pending legal action, there are secure commercial firearms storage facilities that offer cooperative non-custodial firearms storage agreements. These agreements allow you to voluntarily store your firearms securely under the agreement with the court that you will not have access to the firearms until the approved by the court. If the police seize your firearms you can have your attorney petition the prosecutor’s office to have your firearms released to a secure commercial firearms storage facility with the agreement.
Q: What do I do with my firearms if my spouse, child or a cohabitant guest of my home has a firearm restriction?
A: You can store your firearms at a secure commercial firearms storage facility.
Note: Illegally supplying a restricted person with a firearm is the intentional providing, giving, selling, donating, lending, delivering, or otherwise transferring a firearm to any person known by the offender to be a person convicted of a felony and prohibited from possessing a firearm. The penalties for a felon being found in possession of a gun can be severe. Often, the crime itself is a felony, and, as with many other crimes, the more prior felony convictions a person has, the longer the prison sentence prosecutors will seek. ... Some states will enhance the punishment of the original conviction. A person convicted in any jurisdiction of specified violent crimes may not purchase, own, possess or control any firearm. See N.J. Stat. Ann. § 2C:39-7.
Q: What do I do with firearms that I control through an estate?
A: Estate firearms are the responsibility of the executor/executrix. This means the security of those estate firearms falls to this responsible party throughout the probate process until the firearms are distributed to the heirs or sold. Many times estate firearms are not desired by the heirs and the firearms are not properly secured nor cared after. It is advisable for the estate firearms to be immediately stored in a secure commercial firearms storage facility until they can be distributed to the heirs or sold through the proper firearms sales process. This will alleviate the executor/executrix from liability if these firearms are involved in future criminality.
Gunsitters offers our Legacy Firearms Agreement
Gunsitters is here for you and your firearms storage needs. If you have any questions please don't hesitate to contact us.
Gunsitters is the leading authority on Secure Firearm Storage. Here we answer the tough questions on how to safely and legally secure your firearms.
Q: Is it legal to allow a friend or family member to store my firearms in their possession?
A: No it is prohibited to give possession of a firearm to an individual who is not within your immediate presence. Both parties can face criminal charges if this is discovered by law enforcement.
i.e. If your firearms are stolen/missing from a friend or family member or if you experience legal problems and law enforcement wishes to secure your firearms and they are not kept in your possession, this could trigger additional criminal charges for all parties evolved.
N.J.S. 2C:58-1 - Temporary transfer of firearms. A legal firearms owner may temporarily transfer a handgun, shotgun, or rifle for a period of time that does not extend more than 8 consecutive hours in a 24 hour period. The legal owner of the firearms which are temporarily transferred shall remain in the actual presence or in the vicinity of the person to whom it was transferred the entire time the firearms is in that person's possession. Also be aware of N.J.S. 2C:39-7 - Certain Persons not to have firearms.
Q: What do I do with my firearms if I am going on vacation?
A: If you leave your home for an extended period of time there is a greater risk and opportunity of theft of your firearms when they are unattended. If your firearms are stolen/missing and it is not reported within the statutory of 36 hours of your knowledge, you may be held criminally liable under the trafficking and straw purchase laws. This also opens you up to criminal and civil liability and it is a best practice to store your firearms in a commercial secure firearms storage facility.
Q: What do I do with my firearms if I am a Military Service Member being deployed?
A: Many Military installations have strict rules regarding personal firearms being kept on government property. Gunsitters Locations offers discounts to active, reserved and Military Service Veterans. You can store your firearms while deployed, mobilized or at schools at a discount. (at participating locations)
Q: Should I keep my firearms in my home when it is being renovated?
A: No. Whenever you invite strangers into your home and you will not be physically present or they will be left unsupervised, it may be advisable to store your firearms in a secure commercial firearm storage facility. Most contractors, movers, painters, carpet cleaners, furniture/appliance delivery people are not criminally background checked. Therefore you want to be cautious with your choice of whom you invite/hire to access your home.
Q: Should I keep my firearms in my home while I am selling?
A: No. When you “list” your home for sale with a real estate brokerage firm, you agree to allow the broker and any sales agent to have full access to your home. Customarily, you are not present for the open house and any of the following visits by the real estate sales agent and prospective buyers. This provides an opportunity for strangers to study or simply photograph or video the layout, security camera and storage system you use to secure your firearms. This could lead to future thefts of your home by these such individual or people he may “share” your information with. It is a best practice to store your firearms in a commercial secure firearms storage facility before you list your home and throughout the sale process.
Note: When you close on the house you are selling, you must apply for a new driver’s license and firearms ID card in the municipality you are moving to within 30 days.
Q: Can I keep my firearms in a hotel room?
A: Yes. But only while you are present in the room. Unlike an apartment or a condo rental, a hotel room is not a leased premise and you do not have sole possession of that property.
Q: Can I store my firearms in a Self-Storage Facility?
A: No. Self-Storage contracts are devised to assure that the Self-Storage owner gets their rental fee, either from monthly payments or through a warehousemen’s lien. The items that are stored but not paid for over a period of time could contractually be sold. The sales are held as auctions and the winner of the auction will take possession of the storage unit and its contents. The winner of the auction may not qualify for a NJ firearms purchasers ID card and has not filled out the necessary transfer paperwork nor has passed a NJ NICS check; therefore, if firearms are obtained by this auction winner, the owner of the rental unit, the renter of the unit, and the auctioneer may be liable for facilitating an illegal firearms transfer.
Q: Can I store my firearms in a NJ Pawn Shop?
A: No. Under N.J.S. 2C:39-11a, it is not lawful for a pawnbroker to sell, offer to sell, lend or give away any weapon, destructive device or explosive.
Q: Can I store my firearms in a Banks Safety Deposit Box?
A: While there is no law against storing firearms in a safe deposit box, most rental agreements prohibit the storage of explosives, intoxicating liquors, narcotics or any property of an illegal, malodorous or destructive nature.
Q: What do I do with my firearms during a natural disaster or house fire?
A: If your home is located in a declared natural disaster area or has had a serious crime or fire happen, your certificate of occupancy may be voided and you will not be allowed to enter or live in the dwelling for an undetermined period of time. The police may offer to secure your firearms inventory with them, however this could be precarious if you’re in possession of any illegal firearms or parts and/or associated items that can be assembled to make a firearm illegal. A secure commercial firearms storage facility can be helpful in these situations.
Q: What do I do with my firearms if I am pending Legal action?
A: If you have a pending legal action, there are secure commercial firearms storage facilities that offer cooperative non-custodial firearms storage agreements. These agreements allow you to voluntarily store your firearms securely under the agreement with the court that you will not have access to the firearms until the approved by the court. If the police seize your firearms you can have your attorney petition the prosecutor’s office to have your firearms released to a secure commercial firearms storage facility with the agreement.
Q: What do I do with my firearms if my spouse, child or a cohabitant guest of my home has a firearm restriction?
A: You can store your firearms at a secure commercial firearms storage facility.
Note: Illegally supplying a restricted person with a firearm is the intentional providing, giving, selling, donating, lending, delivering, or otherwise transferring a firearm to any person known by the offender to be a person convicted of a felony and prohibited from possessing a firearm. The penalties for a felon being found in possession of a gun can be severe. Often, the crime itself is a felony, and, as with many other crimes, the more prior felony convictions a person has, the longer the prison sentence prosecutors will seek. ... Some states will enhance the punishment of the original conviction. A person convicted in any jurisdiction of specified violent crimes may not purchase, own, possess or control any firearm. See N.J. Stat. Ann. § 2C:39-7.
Q: What do I do with firearms that I control through an estate?
A: Estate firearms are the responsibility of the executor/executrix. This means the security of those estate firearms falls to this responsible party throughout the probate process until the firearms are distributed to the heirs or sold. Many times estate firearms are not desired by the heirs and the firearms are not properly secured nor cared after. It is advisable for the estate firearms to be immediately stored in a secure commercial firearms storage facility until they can be distributed to the heirs or sold through the proper firearms sales process. This will alleviate the executor/executrix from liability if these firearms are involved in future criminality.
Gunsitters offers our Legacy Firearms Agreement
Gunsitters is here for you and your firearms storage needs. If you have any questions please don't hesitate to contact us.
