N.J. Admin. Code § 13:54-5.3 - Disposition of machine gun or assault firearm upon death of licensee or registered holder

(a) If the holder of a license to purchase, possess or carry a machine gun or assault firearm dies, or if the owner of an assault firearm, which has been registered pursuant to 2C:58-12 dies, then the heirs or estate of the deceased person shall have 90 days from the date of death to transfer the firearm to a licensed dealer or person or firm lawfully entitled to own or possess such firearm; voluntarily surrender the firearm pursuant to the provisions of 2C:39-12; or, only in the case of an assault firearm, render the firearm inoperable pursuant to the provisions of 2C:58-13. In the event that the heir or legatee of the assault firearm does not qualify for a firearms purchaser identification card or a permit to purchase a handgun, he or she must immediately transfer possession of such firearm to the chief law enforcement officer of the municipality or the Superintendent during such 90-day period.
(b) For purposes of this section, "inoperable" shall mean that the firearm is altered in such a manner that it cannot be immediately fired and that the owner or possessor of the firearm does not possess or have control over the parts necessary to make the firearm operable. In the event that the firearm is rendered inoperable, the heir or estate shall file a certification on the form prescribed by the Superintendent, indicating the date on which the firearm was rendered inoperable. The certification shall be filed with either the chief of police of the municipality in which the heir resides, or if the municipality does not have a full time police department, or if the owner resides outside of this State, with the Superintendent.


N.J. Admin. Code § 13:54-5.3
Amended by R.2007 d.378, effective 12/17/2007.
See: 39 N.J.R. 2324(a), 39 N.J.R. 5349(a).
Rewrote (a).

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