Laws of transporting a handgun


dmansixfive

New member
Hello,

I'm new to firearms, and I'm curious as to what the laws are pertaining to transporting your handgun in NJ.

Must it be completely unloaded, with the ammo separated (ie one in the trunk, one in the glove box)?
If pulled over, must you notify the officer you are carrying a weapon?

I would appreciate the information
 

I would read everything I can about transportinmg a gun in NJ before I walked out the front door. Do you have your FOID card?

I live in PA now (recently moved from MD), and under no circumstances would I risk transporting a weapon through NJ. They will (happily) lock you up in 1/2 a heatbeat there.
 
A little more info. Do you reside in NJ or are you just passing through? If you reside in NJ the appropriate NJ law is followed. If you are passing through you have to abid by the federal statue. You can find some answers here: http://www.handgunlaw.us/states/newjersey.pdf
Incorrect. NJ state law prevails. Even persons traveling through nust abide by each state law as they travel. I travel into and through NJ often. Lock the unloaded gun in a case and lock the case to the trunk hook or rear area of an SUV. Lock the ammo in a separate container. No hollowpoints allowed. Make sure you have your resident state FOID or CCW permit with you. Remember you cannot carry the gun concealed or open in NJ.
 
Avoid NJ

Best advice I can give is, go around the state of NJ and avoid the chance of any problems by this State's Laws.
 
If you are a resident of NJ, you should consider buying the NJ Gun Law Guide by Evan Nappen. It is a great investment for the NJ gun owner (and a lot cheaper than legal advice by the hour).

EVAN F. NAPPEN Attorney At Law, PC - Home

He explains what the law is, how you can be compliant, and how to handle traffic stops without incriminating yourself, as well as how to fortify your defense (and make it easier for your lawyer to get you off the hook) in the event you are arrested.

Just to give you a small example of the valuable information from his book, to answer your question about notifying a cop during a traffic stop that you have guns in the car--you are NOT obligated by statute to reveal this information. Furthermore, because statute doesn't require it, it cannot be used against you in court if you don't (but can if you do).

If you're not ready to buy Nappen's book, you can download (or burn to a CD) a free podcast based on NJ gun laws

Gun For Hire Radio! The Premiere Firearms Radio Channel!

Evan Nappen has been interviewed many times on this podcast, and always includes useful legal advice to keep you out of jail.
 
Incorrect. NJ state law prevails. Even persons traveling through nust abide by each state law as they travel. I travel into and through NJ often. Lock the unloaded gun in a case and lock the case to the trunk hook or rear area of an SUV. Lock the ammo in a separate container. No hollowpoints allowed. Make sure you have your resident state FOID or CCW permit with you. Remember you cannot carry the gun concealed or open in NJ.

I don't know where you are getting this from, but that information is incorrect. If you are travelling state to state, federal statute exempts you from state laws regarding firearms as long as the firearms are transported unloaded, stored in a trunk or locked container, and the possession of the firearms is legal in the state of origin and the state of destination, and you make no stops in between (except for fuel or emergencies). This is found in the McClure-Volkmer Act of 1986, also known as the Firearm Owners Protection Act (18 U.S.C. 926 (a)).

Ammunition only needs to be separate from the firearm, but does not have to be locked. Both can be in a trunk, as long as they are in separate containers.

Hollow points are allowed in NJ, as long as you have them at home (or at a business you own), at the range, or are transporting them to either place. It is only a crime to possess hollow point ammo if you are not transporting them according to the exemptions, or you are committing a crime (even if the crime is not related to firearms).

The only CCW NJ recognizes is its own; CCW's from other states will not get anyone off the hook (just ask Greg Revell about that). Not all states have Firearm ID cards or equivalents, so telling someone out of state to make sure they have one is not helpful. Neither will help you beat an unlawful possession charge in NJ.
 
I don't know where you are getting this from, but that information is incorrect. If you are travelling state to state, federal statute exempts you from state laws regarding firearms as long as the firearms are transported unloaded, stored in a trunk or locked container, and the possession of the firearms is legal in the state of origin and the state of destination, and you make no stops in between (except for fuel or emergencies). This is found in the McClure-Volkmer Act of 1986, also known as the Firearm Owners Protection Act (18 U.S.C. 926 (a)).

Ammunition only needs to be separate from the firearm, but does not have to be locked. Both can be in a trunk, as long as they are in separate containers.

Hollow points are allowed in NJ, as long as you have them at home (or at a business you own), at the range, or are transporting them to either place. It is only a crime to possess hollow point ammo if you are not transporting them according to the exemptions, or you are committing a crime (even if the crime is not related to firearms).

The only CCW NJ recognizes is its own; CCW's from other states will not get anyone off the hook (just ask Greg Revell about that). Not all states have Firearm ID cards or equivalents, so telling someone out of state to make sure they have one is not helpful. Neither will help you beat an unlawful possession charge in NJ.
The Federal statute isn't invoked on the side of the road when you're being arrested. It's invoked as an affirmative defense by your attorney. Thus you get arrested in NJ if you don't carry within their very tight restriction. Your attorney will get you off on the fed statute but by then it's too late... you've been arrested, have a record of such and paid an attorney. This happens daily in NJ. Best to follow the law. I regularly train in NJ and I'm very nervous carrying into this state.

I didn't quote the law to the other poster. I wrote what I do. I go into Newark and don't want the trunk popped/gun lifted in that hell-hole. The fed law you list is almost exactly the law in NJ. Average citizens are not getting CCW permits and even those with legal guns must transport them locked and unloaded, with ammo locked in a sep container.
 
Ammunition only needs to be separate from the firearm, but does not have to be locked. Both can be in a trunk, as long as they are in separate containers.

.


FOPA doesn't require separation of ammo from firearm....merely just unloaded firearm.
 
The Federal statute isn't invoked on the side of the road when you're being arrested. It's invoked as an affirmative defense by your attorney. Thus you get arrested in NJ if you don't carry within their very tight restriction. Your attorney will get you off on the fed statute but by then it's too late... you've been arrested, have a record of such and paid an attorney. This happens daily in NJ. Best to follow the law. I regularly train in NJ and I'm very nervous carrying into this state.

I didn't quote the law to the other poster. I wrote what I do. I go into Newark and don't want the trunk popped/gun lifted in that hell-hole. The fed law you list is almost exactly the law in NJ. Average citizens are not getting CCW permits and even those with legal guns must transport them locked and unloaded, with ammo locked in a sep container.

While I generally don't encourage people to throw caution to the wind, I believe that your explanation is quite alarmist. First, why would you be arrested in the first place if you are travelling through NJ? An ordinary traffic stop is not sufficient cause for a vehicle search, and you shouldn't volunteer that you are transporting firearms anyway. The incidents involving Greg Revell and Brian Aitken were unique situations; one was catching a connecting flight, and the other was called by the police on his cell phone and ordered to turn around and come back to his parents' home. In either case, it doesn't happen as "daily" as you say. I keep up with these issues in NJ, as I am actively involved in several organizations that track these events.

I, too, encourage people to be cautious about transportation. State statute only requires firearms to be unloaded in a fastened container or in a locked trunk. Ammo does need to be separate from the gun, but does not have to be locked. It is recommended not to keep magazines loaded, as magazines can be considered part of the gun (following the tendencies of NJ prosecutors and courts to side with the more restrictive standards, a loaded magazine could then be interpreted as a loaded gun).

While you did not quote statute, you were very clear in your post that you MUST follow the law of every state that you pass through. This is what I was clarifying. I was also pointing out that hollowpoints are in fact legal in NJ, as long as you possess them within the same exemptions as firearms generally.

I don't like NJ's laws anymore than you do, but this is reality. It's also why I help others to be compliant without going crazy about how to transport. Then I suggest that they listen to the GunforHire Radio podcast (free) and purchase the NJ Gun Law Guide.
 
While I generally don't encourage people to throw caution to the wind, I believe that your explanation is quite alarmist. First, why would you be arrested in the first place if you are travelling through NJ? An ordinary traffic stop is not sufficient cause for a vehicle search, and you shouldn't volunteer that you are transporting firearms anyway. The incidents involving Greg Revell and Brian Aitken were unique situations; one was catching a connecting flight, and the other was called by the police on his cell phone and ordered to turn around and come back to his parents' home. In either case, it doesn't happen as "daily" as you say. I keep up with these issues in NJ, as I am actively involved in several organizations that track these events.

I, too, encourage people to be cautious about transportation. State statute only requires firearms to be unloaded in a fastened container or in a locked trunk. Ammo does need to be separate from the gun, but does not have to be locked. It is recommended not to keep magazines loaded, as magazines can be considered part of the gun (following the tendencies of NJ prosecutors and courts to side with the more restrictive standards, a loaded magazine could then be interpreted as a loaded gun).

While you did not quote statute, you were very clear in your post that you MUST follow the law of every state that you pass through. This is what I was clarifying. I was also pointing out that hollowpoints are in fact legal in NJ, as long as you possess them within the same exemptions as firearms generally.

I don't like NJ's laws anymore than you do, but this is reality. It's also why I help others to be compliant without going crazy about how to transport. Then I suggest that they listen to the GunforHire Radio podcast (free) and purchase the NJ Gun Law Guide.

So you recommend listening to GFH radio? I've attended numerous classes at GFH. I’m shown in the promotional video on their homepage. The recommendations come directly from Anthony Colandro. We've had discussions on how a non-resident should carry into the state. He noted my inert hollowpoint keychain and recommended it be thrown out and not even carried back home as it could cause an arrest. He gave me an attorney’s name who has handled cases for his students in the past. Anthony advised to never break these rules. I’ve held fast to them ever since.

Please check the state law. According to the NJ state police, the firearm “shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel, shall include only such deviations as are reasonably necessary under the circumstances. The firearm should not be directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console.

This information is found at the NJ state police website --> New Jersey State Police - FAQ's - Frequently Asked Questions

The NJ Attorney General makes the same recommendation…

Procedures for Investigation of Conduct Involving the Possession or Transportation of Firearms. An officer who reasonably suspects that a person is transporting a firearm in violation of New Jersey law should make reasonable inquiries in order to confirm or dispel that suspicion. Thus the right to ask and the right to inspect.

Regarding reason to stop someone? One can't make an argument based on your rights; They're violated all the time, every day in America, and we don't want to detract from the issue here. I was stopped on Rt. 31 for speeding. The LEO asked if I had any drugs or guns in the car. That was it... I can't lie to the LEO. I told him I was carrying locked in the rear of the SUV. He asked to see how I was carrying. I was allowed to continue on my way. I would not bet my clean record on an officer knowing the difference between the state law and provisions under fed law.

Thus my advice stands... to avoid confusion by LE, know and follow the state law where applicable. Don't bet your clean background on the chance a LEO will know the law. Avoidance and deterrence are the first rules of all conflict managment.
 
If you are a resident of NJ, you should consider buying the NJ Gun Law Guide by Evan Nappen. It is a great investment for the NJ gun owner (and a lot cheaper than legal advice by the hour).

EVAN F. NAPPEN Attorney At Law, PC - Home

He explains what the law is, how you can be compliant, and how to handle traffic stops without incriminating yourself, as well as how to fortify your defense (and make it easier for your lawyer to get you off the hook) in the event you are arrested.

Just to give you a small example of the valuable information from his book, to answer your question about notifying a cop during a traffic stop that you have guns in the car--you are NOT obligated by statute to reveal this information. Furthermore, because statute doesn't require it, it cannot be used against you in court if you don't (but can if you do).

If you're not ready to buy Nappen's book, you can download (or burn to a CD) a free podcast based on NJ gun laws

Gun For Hire Radio! The Premiere Firearms Radio Channel!

Evan Nappen has been interviewed many times on this podcast, and always includes useful legal advice to keep you out of jail.

Do you know what episode they discuss this on
 
I will be traveling from Michigan to New Jersey for business with a couple of overnight stays in NJ. Of course, NJ does not honor the MI CPL so it's irrelevant. From my personal research, I am still unable to confirm that if I have my firearm unloaded, locked in a safe in the trunk and ammo kept separately and locked up in a different safe in my trunk, will I be considered "transporting into" or "transporting through" laws? This is important because "transporting into" does not require me to meet all of the 926A Fed rules listed. I called one of the troop stations in NJ and the sargeant on call told me that as long as I have it unloaded, locked in the trunk, etc....I should be OK. Not so sure....Thanks.
 
I will be traveling from Michigan to New Jersey for business with a couple of overnight stays in NJ. Of course, NJ does not honor the MI CPL so it's irrelevant. From my personal research, I am still unable to confirm that if I have my firearm unloaded, locked in a safe in the trunk and ammo kept separately and locked up in a different safe in my trunk, will I be considered "transporting into" or "transporting through" laws? This is important because "transporting into" does not require me to meet all of the 926A Fed rules listed. I called one of the troop stations in NJ and the sargeant on call told me that as long as I have it unloaded, locked in the trunk, etc....I should be OK. Not so sure....Thanks.


Since your destination is NJ, 926 does not cover you at all.
 
Understood...thanks. Would I fall under the "transporting into" then or should I give it up and travel without?

What's the difference? You can only have a gun in your vehicle in NJ for a couple of exceptions. Will your business fall into one of those?
 
Don't take it or be prepared for the consequences if you do and are found with it. Those are about your only two choices.
 
In the State of N.J. regarding gun transport "avoid" if at all possible. I assure you that the risk is not worth it. Under the Graves act you will serve a mandatory 5 years in prison
regardless if it is your 1st. offense or not.
In this State, the deck is stacked against you, anyone of the laws pertaining to guns, ammo, magazines, ect. in your possessing will result in your imprisonment guaranteed. If you
are arrested you will have to post bail, you will have to hire a very savvy attorney at a price you cannot imagine, you will go to court and hope your attorney can win at the preliminary level before it go's to trial. If your attorney is unsuccessful you will go to trial, the cost will bankrupt you, and this is just the nightmare beginning.
So, if you have a spare $100.000 dollars to give to an attorney and the prospect of living in N.J. for the next 5 years than go for it.
You must understand this State will put you through this, is it right, is it lawful ? NO the burden is on you to prove you are innocent. I'm only stating
what i have experienced, remember, this is a gun hating State, as well as many of those who enforce the law.

I'm sure that some will not agree with me and rightfully so but this is the way it is there, all it takes is the wrong cop and the nightmare begins. Sure you say I'll sue them, that takes
a lot of money as well. But the cop didn't follow the letter of the law and i was arrested. Well the cop has nothing to gain says the judge he was acting in good faith, and it go's on and on.
As i said they do not like civilians having anything to do with guns period. Good luck.
 

New Threads

Members online

No members online now.

Forum statistics

Threads
49,542
Messages
611,255
Members
74,961
Latest member
Shodan
Back
Top