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Jfoster99

Rifle Possession with NJ FID

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As I said earlier, if you have an FPIC, the exemptions in 2C:39-6 are irrelevant with respect to rifles and shotguns as you cannot be exempt from prosecution for an offence you are not committing.

I am going to assume that you do not have an NJ permit to carry a handgun as almost nobody does. Therefore, for handguns the exemptions are all you have, so yes, you are limited to transporting as described in 2C:39-6.g and you must travel directly to/from.

There was a clarification issued by the AG under Christie which described some of the circumstances where a deviation should be considered reasonable. https://www.state.nj.us/lps/dcj/agguide/transporting-firearms_guide.pdf

3 minutes ago, Jfoster99 said:


This is new I for for Me….  So according to your understanding I could fold my unloaded 9mm Keltec Sub 2000 and wear it on my back under a jacket while walking down Main Street.. Now when I get back into the car to drive home can it stay on my back or does it need to get locked in the trunk to transport.

 

 

 

65311BEB-0350-4513-9556-7463163624DC.jpeg

If you have an FPIC, you are not using the exemptions, so the restrictions on the mode of transportation described in 2C:39-6 do not apply. Even Evan Nappen has said that driving down the street with a rifle held out of your car window is legal, inadvisable, but legal.

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3 minutes ago, Dr. Goodshot said:

IF you have an FID card, you can keep it on your back or anywhere. You are allowed to possess it, period. The thing about transporting and how you transport it in a locked case, that's if you're transporting to a range and you DON'T have an FID card (according to my understanding).

Nowhere do the NJ statutes require a case to be locked during transportation.

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Just now, njJoniGuy said:

Not yet, at least.

I don't think this discussion is going to gain any clarity by starting down the road of what the politicians would like the laws to be. Let's stick to what it is, not what might it become.

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Just now, Mr.Stu said:

I don't think this discussion is going to gain any clarity by starting down the road of what the politicians would like the laws to be. Let's stick to what it is, not what might it become.

Is there a "Snopes" or "Factcheck.org" for gun laws?

Asking for a friend...

  • Crazy 1

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Just now, Mr.Stu said:

I think the closest is if you join ANJRPC you have access to their attorneys to ask questions like this.

What fun is that...

It's more fun to go with "I read it on the Internet, so it must be true!".

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Quote

Nowhere do the NJ statutes require a case to be locked during transportation.

Whoops, yes, you are right. It just needs to be in "a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported." It doesn't have to be locked. This is when transporting a handgun to and from the range or transporting a rifle to and from the range when you don't own an FID card.

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There is at least one long gun possession restriction even with a FID/FPIC issued to you - Schools:
 

Quote

2C:39-5  Unlawful possession of weapons.

...

   e.   Firearms or other weapons in educational institutions.

   (1)   Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school , college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.

 

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2 hours ago, Dr. Goodshot said:

It just needs to be in "a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported.

I love the “Securely Tied Package” option…. I purchased a used handgun from Meltzer in Garfield a number of years back. No box he just put it in a thin food store type plastic bag and handed it to me..  So I asked “Is this legal”. He said, “Oh no absolutely not”and grabbed the bag back from me..  I assumed he was going to get a box or some sort of case to take it home in…. Nope… He simply looped on carry handle under the other and handed it back…. Saying with a smile. “ Good catch the package must securely tied”   
 

  • Haha 2

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48 minutes ago, DirtyDigz said:

There is at least one long gun possession restriction even with a FID/FPIC issued to you - Schools:
 

 

There are several, including the Federal gun free zones, e.g. Court Houses, Post Offices, military bases, etc.

The school one is not absolute. If the Principal gives you written permission, firearms can be taken onto school property.

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1 hour ago, Mr.Stu said:

If the Principal gives you written permission, firearms can be taken onto school property.

I'm gonna guess that NJ school principals giving written permission for the general public to possess firearms on school property happens just **barely** more frequently than the granting of handgun carry permits by the state.

As in - almost never.

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On 1/17/2022 at 1:06 PM, Mr.Stu said:

As I said earlier, if you have an FPIC, the exemptions in 2C:39-6 are irrelevant with respect to rifles and shotguns as you cannot be exempt from prosecution for an offence you are not committing.

I am going to assume that you do not have an NJ permit to carry a handgun as almost nobody does. Therefore, for handguns the exemptions are all you have, so yes, you are limited to transporting as described in 2C:39-6.g and you must travel directly to/from.

There was a clarification issued by the AG under Christie which described some of the circumstances where a deviation should be considered reasonable. https://www.state.nj.us/lps/dcj/agguide/transporting-firearms_guide.pdf

If you have an FPIC, you are not using the exemptions, so the restrictions on the mode of transportation described in 2C:39-6 do not apply. Even Evan Nappen has said that driving down the street with a rifle held out of your car window is legal, inadvisable, but legal.

 

Thanks for the link.  It gives clarity on what reasonable deviations might be when traveling to/from range and your house or similar exemptions.  It answered a question I had of can you pick someone up to take them to the range to shoot with you and the exemptions seem to allow for that.  It also mentions getting food, but seemed to only allow using the closest drive through along the route.  Would stopping at a dine in restaurant close to the route not be acceptable?

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And dont forget this little tidbit...

The FID is good for "PURCHASE and CARRY"of rifles and shotguns.  They removed the word "carry" from the card but it still has the same clout.  You CAN "Carry" it anywhere except  where specifically prohibited as others have stated.  They had no authority to remove that word from the card.

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