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jcc

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Posts posted by jcc

  1. Posted

    I am in a unique situation, NJ is my primary residence, but I am also a part time resident of NYS  which allowed me to get an unrestricted CCW in NYS. NYS considers me a resident, since they do not issue permits to non-residents.  If the wording of HR38 is ….in the state in which the person resides….., would my CCW in NYS allow me to carry in every other state?  If the wording were primary residence or domicile, I would say no, but I DO reside in NYS, albeit part time. Then again, a case could be made that the wording, THE state in which a person resides, could imply primary residence as opposed to, A state in which a person resides. Well it will be interesting to see how it pans out, though I agree as some have said, no matter what happens, we will never be able to carry in NJ.

  2. Posted

    21 hours ago, fishnut said:

    Exercising your right to remain silent does not give a police officer probable cause to search your car

    Telling a police officer that you have a gun in your car also would not give them probable cause to search your car unless you were a known prohibited person.

    If it is legal for you to own why would it give police officers probable cause to search your vehicle if you have it in your vehicle and tell the truth when asked. 

    So much paranoia in this thread!

    NJ gun owners have a reason to be paranoid, the penalty in this state for simple unlawful possession of a hand gun is quite severe. Mandatory 5 years in prison with possibility of parole in 3 and the Graves Act does not allow the Judge any discretion in sentencing. The only defense may be a claim of an illegal search.

  3. Posted

    I understand not answering the question about having a gun in the car and how it would give the cop probable cause to search your car. But what if he asks where are you going or where are you coming from, which they most always do? If you say you are coming from or going to the range, it can be reasonably assumed you have a gun in your car, wont that give the cop probable cause to search you car? If you do have a gun in the car and are going to the range, you don't want to lie just in case he finds probably cause to search you car.  If you said you were going somewhere else, you lost your exemption for transporting the gun.

    • Like 2

  4. Posted

    FOPA was specifically changed during legislation so that it would not protect you in your state of origin or destination.

     

    I am reading this post and I am a bit confused. I live in NJ and have a PA LTC, are you saying that unless I am going to a range in PA, that I cannot legally carry my handgun thru NJ to get to PA?  I cannot drive directly to the PA state line with my handgun (safely stored of course as per NJ law) just to go shopping?  I own property in NYS and also have a unrestricted carry permit in NYS, is it legal for me to drive from my home in NJ directly to my home in NYS where I can legally carry?  If it is not legal to drive from my home in NJ directly to a state where I can legally carry unless I am going to a range in those states, then that basically makes my CCW in those states worthless, no??

  5. Posted

    I am with you. I lived in NJ for about 30 years. I got off my butt and got others involved but guess what? It just kept getting worse and not better. One day I just got fed up and told my wife to put the home up for sale during the housing recession. We just kept lowering the price until we sold it and then moved to Florida. Now I have a whole room filled with guns, many that were illegal in NJ. I had to learn about small carry guns and holsters. They used to make fun of me in the numerous guns stores found at ranges, Pawn Shops and other retail establishments with FFLs because I kept asking them if what I wanted to buy was legal. I can get to 5 gun stores in under a half an hour and three ranges in the same amount of time.

     

    My wife and I have ccw licenses. They call them licenses because it is felt that we do not need permission to carry a gun. No license at all required to carry a gun in your car as long as it is out of sight. I can buy any gun that is not banned by the Federal government and that took time to adjust to. We voted with our feet and love it here in Florida. I have bought about 60 guns in 6 years. I bought 8 handguns within weeks of moving here. My wife carries, all her girlfriends carry as well as their husbands. My relatives here carry and so does the woman who cuts my hair, takes care of my lawn, fixes my plumbing and takes care of my electrical systems. Anti gun people are the ones who have to keep quiet about guns.

     

    The biggest difference is that in NJ I felt that we were always on the defensive to water down an anti gun law or fight against passage of one. In Florida we are offensive since we are not fighting to defeat anti gun laws but rather getting more pro gun laws. Last year they passed a law that says we can fire a warning shot or pull a gun without having to shoot it. They even now allow brief unintentional display of carry guns too.

     

    My boss wanted me to return to NJ to handle a multi year project and I tendered my resignation which you could accept if she wanted to. I was throwing away a job where I work my own hours and make over $100 an hour. That is how strongly I feel about staying in a pro gun State.

    I hear ya, I grew up in NYC where the gun laws are even more strict then NJ. During that time (the 1980's)I moved to Texas briefly due to work. I remember buying my first handgun there. I walked into a gun shop found a pistol I liked and asked how much it was. He said $100. So I said I will take it and asked now what do I need to do to purchase this gun. He gave me a perplexed look and said. Give me $100. That's when I realized I wasn't in Kansas(NYC) anymore. As much as I would like to move out of this area, all my friends and family are here, I can't leave. Though I can't carry in my home state of NJ, I can legally carry in all the border states.i have a residence in NYS where I can exercise my 2A right on the weekends in the summer. That will have to do for now.

  8. Posted

    In the summary of this Act, you will find the following text:

     

    ....who also meet certain other criteria, including an award of benefits based on a finding that the individual's mental impairment meets or medically equals the requirements of section 12.00 of the Listing of Impairments (Listings)....

     

     

    This seems to indicate that to be considered mentally incompetent you have to meet certain requirements.  The following is a link to Section 12 which spells out what constitutes mental disorders according to the SSA.

     

     

    https://www.ssa.gov/disability/professionals/bluebook/12.00-MentalDisorders-Adult.htm

     

    After reading this, I don't think they are talking about someone who has their kid drive them to the doctor or handle their finances. IMO, if you meet these requirements, I would have to say you should not own a firearm.

  9. Posted

    Its is because of this ignorance that I have no hope of ever being able to carry in NJ.

     

    ......under HR 38, someone who was deemed unfit to own a gun by New Jersey's standards could acquire a gun in a state with less strict vetting, and legally carry it in New Jersey......

     

    What make you unfit to carry a gun in NJ is if you have not been assaulted repeatedly by someone who has vowed to kill you.

     

    The mother of stupidity is always pregnant!!!

    • Like 1

  12. Posted

    I just checked and the congresswomen who represents the district where my other residence in NY is, has signed on as a sponsor. Perhaps I need to change my voter registration to the congressional district that better represents me.

     

    I sent Rodney a letter and have not heard a peep.

    The congressman from my district where I own a residence in NYS is also a co-sponsor.  My congressman here in NJ, District 7 is a republican and according to his website, pro-2A. I am writing him a letter urging him to co-sponsor and support the Bill. Anyone else in District 7 also should. Its probably  useless with  a democrat congressman, but with a republican, its worth a shot.

  13. Posted

    .... He will be charged with felony possession if he brings it to NY....

    Unlike NJ, in NYS simple possession without a permit is a class A misdemeanor punishable by up to a year in prison. It's only a felony if you are otherwise forbidden from owning a firearm or using it unlawfully. Still it is not a good idea to bring it into NY but the greater risk is traveling thru NJ.

  14. Posted

    Hmmmn on that thought

    Going optimist. What works for a constitutional carry state resident? He's dl or pass port? Sewer bill claiming residency etc

    As per 27CFR 478.11, maintaining a home in another state makes you a resident of that state as well as your home state. NJ is my home state but I also own a cabin in NYS where I "reside" on weekends in the summer. Because of that I was able to get a resident unrestricted carry permit in NYS. Question is, will that allow me to carry in NJ under the Carry Reciprocity Act??

  15. Posted

    "Phil believes that sensible regulations can prevent gun violence while still preserving Second Amendment rights for law-abiding residents"

     

    OK, so he lists many "sensible regulations" that supposedly can prevent gun violence, but not one mention of how he will preserve 2A rights for law abiding residents. I can carry in 39 states, including NYS and Connecticut (2 states he lists as having the most strict gun laws), but not in my home state of NJ. Is he going to change that?? Of course not, it's all BS.

  16. Posted

    If you buy the rifle ANYWHERE and just hand it over to anyone who is not a resident of your state, you've broken Federal law.You can buy a long gun at a FFL in any state as long as the transaction follows the laws of each state. Then you just tuck it under your arm and walk out the FFL'S door. You can buy a handgun in any state but it must be sent to a FFL in your state to be transfered to you.

    Upon further research, I see that you are correct. But how can that be proved in all cases? I had a rifle I purchased legally when I lived in Texas. Zero paperwork was in involved other then a cash register receipt (way before computers). When I moved to NJ, I brought it with me. Since NYS doesn't require a license to purchase a rifle and NJ has no idea that I have this rifle, what is to stop me from giving it to someone in NYS? Another thing, the federal law states "resident" not primary residence or domicile. Anyone can be a resident of multiple states. Case in point, I am a resident of NJ, I also own a home in NYS. Because of this and thanks to the NYS Court of Appeals ruling Osterweil vs Bartlett, I was able to get a unrestricted carry permit for NYS. The State of New York recognizes me as a resident of their state, albeit a part time one. So now am I allowed under federal law to transfer a firearm between NY and NJ since I am a resident of both states?

  17. Posted

    Why not buy the rifle in NY? No license is required in NYS for a rifle, so non residents can purchase one there. If you have a NJ FID, then you can bring it into NJ. Any firearm legally purchased out of state can be brought into NJ. Then you can simply go to NY and hand the rifle to your friend. I'm not an expert but I don't believe that would be breaking any laws. The problem with buying the rifle in NJ is that they require paperwork when transferring it, NY doesn't. As long as the person you are transferring it to is not prohibited from owning a firearm by federal law.

  18. Posted

    I just read a news report on the proposed reciprocity law. If the story is true it confirms my suspicion that it only applies to individuals who hold licenses in their home states -- to resident licensees in other words. By the time this passes, and the law is delayed while NJ appeals all the way to the Supreme Court, and then a NJ resident files an equal protection lawsuit, and NJ appeals or defends all the way to the Supreme Court, and by now like the song goes, "In the year 2525"... I'll be able to glue my NH and UT licenses together with snot and pretend to be a secret agent but that's about it unless I buy an ATM business serving greater Camden, Irvington, and Paterson. Hey remember that theme!? OMG LOL!!

     

    I wonder how this will affect someone in my situation? I am a NJ resident, this is where I work, pay taxes and vote. I also own a house in NYS where pay property taxes, utilities etc. Thanks to a NYS Court of appeals ruling, Osterweil vs Bartlett I have an unrestricted carry permit for all of NYS (except NYC). The ruling basically grants permits to part time residents of the state, so my carry permit is a RESIDENT permit, not a non-resident permit. NYS does not issue unrestricted permits to non-residents. So if there was national carry reciprocity that only applied to resident permits from other states, that would mean I could carry in NJ, no?? I guess it would depend on how the law was worded.

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