NJ Visit


old curmudgeon

New member
Is it possible to visit NJ with a handgun in my vehicle.

Would be there only one day.
 

tattedupboy

Thank God I'm alive!
New Jersey is one of the most anti gun states in America. If yoou're visiting someone there and not juust passing through, leave the gun at home.
 

old curmudgeon

New member
I was pretty certain that is the case.

Very annoying as there is 1,700 miles of driving involved and only about 100 of that in NJ.

I really hate to go naked for that many miles.
 

aj's 40 cal

New member
this is what i got off the cc permit info at the top of the page....

Automobile carry:
All firearms transported into the State of New Jersey:
* 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.

All firearms transported through the State of New Jersey:

The following guidelines are provided in order to assist law enforcement officers in applying New Jersey’s firearms laws to persons who are transporting firearms through the State of New Jersey.

1. New Jersey laws governing firearms permits, purchaser identification cards, registration and licenses do not apply to a person who is transporting the firearm through this State if that person is transporting the firearm in a manner permitted by federal law, 18 U.S.C.A. 926A.
2. This federal law permitting interstate transportation of a firearm applies only if all of the following requirements are met:

A. The person’s possession of the firearm was lawful in the state in which the journey began;
B.The person’s possession of the firearm will be lawful in the state in which the journey will end;
C. The person is transporting the firearm for lawful purpose
D. The firearm is unloaded
E. The firearm is not directly accessible from the passenger compartment of the vehicle
F. The ammunition is not directly accessible from the passenger compartment of the vehicle
G. 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;
H. The person is not
1. a convicted felon
2. a fugitive from justice an addict or unlawful user of drugs, or
3. an illegal alien
I The person has not
1. been adjudicated to be a mental defective
2. been committed to a mental institution
3. been dishonorably discharged from the armed forces, or
4. renounced his United States Citizenship
3. A person who is transporting a firearm though the State of New Jersey in the manner permitted by person’s possession 18 U.S.C.A. 926A, see Section II above, need not give notice.
4. Procedures for Investigation of Conduct Involving the Possession or Transportation of Firearms

A. 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.
B. In a case where circumstances reasonably indicate that the person’s possession and transportation of the firearms my be permitted by 18 U.S.C.A. 926A, the officer should make reasonable inquiries in order to determine whether the person’s possession is permitted by that federal law.
C. If reasonable inquiries lead an officer to conclude that the person’s possession is lawful under either New Jersey law or 18 U.S.C.A. 926A, as described above in Section II, the officer should promptly allow the person to proceed.
D. Whenever an officer has probable cause to believe that a person’s possession of a firearm is in violation of New Jersey law and not permitted by 18 U.S.C.A. 926A, as described above in Section II, then the officer should make an arrest.
 

CapGun

New member
As per AJ's post >>>>>>
2. This federal law permitting interstate transportation of a firearm applies only if all of the following requirements are met:

A. The person’s possession of the firearm was lawful in the state in which the journey began;
B.The person’s possession of the firearm will be lawful in the state in which the journey will end;
C. The person is transporting the firearm for lawful purpose
D. The firearm is unloaded
E. The firearm is not directly accessible from the passenger compartment of the vehicle
F. The ammunition is not directly accessible from the passenger compartment of the vehicle
G. 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;

18 USC is the Firearm Owners Protection Act otherwisw known as the Mcclure-Volkmer Act for the transportation across state lines.

Interesting that if you are following this Federal Law to the "T" as you are traveling through NY without stopping, to another state where it is legal for you to have the gun and somehow you get stopped and the LEO somehow finds out you have a gun locked away according to this law that chances are that you will be arrested and when you finally get to court you get to use this Federal Law as your "defense".
Odds are that case will be thrown out, Fed Law trumps State law.
This is after you spend some time in jail and go through the expense of hiring a lawyer.
Isn't NY great? This is in no way infringing on your 2A rights! Right?:fie::sarcastic:
At least NJ recognizes this law.
 

Dewhitewolf

Armed Snowboarder
It is possible, but under NJ law, not legal. Unless you are traveling directly to or from a range, gunsmith, or competition, you could be charged with unlawful possession of a weapon. The law only allows for deviations that are reasonably necessary, which is very narrowly construed by the police and by the courts. The burden would be on you to prove that your possession was legal, or that your transportation was either direct or had only reasonably necessary deviations (stopping to visit someone does not count).

My advice is to not become another Brian Aitken. He relocated here from Colorado. Prior to his move he contacted State Police to ask what he needed to do to be compliant. Nevertheless, his first day in NJ he was charged and convicted of unlawful possession of weapons. It didn't matter that he called the State Police first. It didn't matter that his firearms were locked and unloaded in the trunk. It didn't matter that he was transporting while moving. The court did not allow him to assert any of his defenses.

Fortunately for him, there was growing support and a petition to have him pardoned. The governor eventually commuted his sentence, though his conviction stands.

All because he had been transporting locked unloaded firearms in his trunk.

My advice, leave the gun at home.
 

pmb61

New member
Whatever you do , DO NOT CARRY MAGAZINES WITH OVER 10 ROUND CAPACITY AND DO NOT CARRY HOLLOWPOINTS! Both are illegal in the Garden State.
 

NavyLCDR

New member
Whatever you do , DO NOT CARRY MAGAZINES WITH OVER 10 ROUND CAPACITY
False information.

New Jersey statute:
Chapter 39. Firearms, Other Dangerous
Weapons, and Instruments of Crime
2C:39-1. Definitions The following definitions
apply to this chapter and to chapter 58:
y. "Large capacity ammunition magazine"
means a box, drum, tube or other container
which is capable of holding more than 15 rounds
of ammunition to be fed continuously and directly
therefrom into a semi-automatic firearm.

To the OP,
Your situation depends entirely upon if you are traveling THROUGH New Jersey or traveling TO New Jersey.

If you are traveling TO New Jersey, leave your handgun at home. If you are traveling THROUGH New Jersey, comply with FOPA (posted above) and never consent to any search of the locked compartment/container the firearms and ammo are in, no matter what New Jersey LEO tells you.
 

sgtbill

New member
You can by LAW carry the weapon in a lock box in the TRUNK with the ammunition seperate from said weapon. You can also have Hollow Point ammunition as long as it is also in the trunk and seperated from the weapon. You can also have a magazine in the trunk no matter what ammount of ammo it will hold as long as you are only PASSING through the arm pit of the world N.J.

As far as the arrest of Mr.Aitken is concernd that case was overturned because of some stupid asses that brought the charges without the right to do so.
Yes I am a retired Det. Sergeant that taught weapons laws as defined in N.J. 2-c law in the Police Academy in New Jersey.
Bill
 

BC1

,
Is it possible to visit NJ with a handgun in my vehicle.

Would be there only one day.
SGTBILL is correct... I visit NJ with a gun regularly. I go for training and even some range time now and then. NJ will not allow you to carry the gun on your person. You must have the gun locked (I lock both the gun and the case) in your trunk. Any ammo must be locked in another container in the trunk. You must have your home state FOID or CCW permit with you.

I train in the Newark area regularly and have had no problems.
 

sgtbill

New member
Under 2-c law and title #39 neither is a requirement to travel through the state of New Jersey with a firearm etc. locked in your trunk. As far as for training all it would require is a copy of the class course and or your registration for said class. You would still have to comply with the locked in the trunk rule.
Bill
 

Dewhitewolf

Armed Snowboarder
As far as the arrest of Mr.Aitken is concernd that case was overturned because of some stupid asses that brought the charges without the right to do so.
Bill

When was the case overturned? I wasn't even aware he had formally filed his appeal, let alone that the appellate division heard it already. And exactly who were the "stupid asses" you were talking about?
 

BC1

,
And what if I don't have any permit/license from my home state or any other state?
SGTBILL has it right again. You would notify the officer that your state has no foid or permit requirement (probably a good idea to have some documentation stating that). It's still legal to bring the gun into the state as long as you transport the gun properly. There's a few nice gun ranges in rural NJ along the NY border that are closer for some NY residents so they shoot at the NJ ranges. No one seems to have any problems even when stopped by police.
 

tattedupboy

Thank God I'm alive!
Look just save yourself a headache and leave the gun at home. You can't get a weapons charge (whether or not it's right or fair) if you don't have any weapons in your vehicle.
 

pmb61

New member
False information.

Sorry I stand corrected. Years ago I was up there and a friend who was a State Trooper, saw a 15 round mag on my dash ( unloaded) and told me to put it in my tool box in the bed of the truck because it was illegal. As always on this site, don't ask the LEO's what the law is.
 

FLF

New member
You would think these states would have better things to occupy their law enforcment resources than this?
 

New Threads

Members online

No members online now.

Forum statistics

Threads
49,394
Messages
623,174
Members
74,219
Latest member
Beto7YT
Top