Transporting a handgun from NJ to PA for carry

[unclenunzie 3]

If you are pulled over in NJ as NJ resident with firearms in the car, what transport exemption do you fall under?

 

Ok lets frame this differently.

 

What is to stop ANYONE that is pulled over from claiming that they are taking the guns to PA to CCW? The NJ cop has no ability to validate a CCW from any state other than NJ. The cop cannot determine that this is a lawful purpose. Drive around with a gun in your car, in the trunk...pulled over..claim you're going to PA. You think that would fly?

 

He can ask you for your CCW. If you present it, he should per the guidelines let you move on without delay:

 

#

 

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.

#

 

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.

 

Owner of said firearms produces an NJ FPID, and copies of PTP if needed.

 

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.

 

Owner produces CCW license with copy of state reciprocity agreement (PA/FL), demonstrating destination legality for owner with firearms (handguns)

 

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.

 

I think so.

 

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.

[PK90 3,573]

:clap:

[Malsua 1,422]

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.

 

You are not transporting a firearm under a legal exemption in NJ.

 

If you say "i'm going hunting", they can ask you for your hunting license for the destination state. They're pretty clear on that one. They don't mention anything about transporting a firearm for personal defense in the destination state.

 

Ok, let's post the statutes then?

 

2C:39-5. Unlawful possession of weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.

 

b.Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.

 

c.Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

 

Ok, now transport:

 

(e) Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person

keeping or carrying about his place of business, residence, premises or other land owned or

possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g.

of this section, from any place of purchase to his residence or place of business, between his

dwelling and his place of business, between one place of business or residence and another when

moving, or between his dwelling or place of business and place where such firearms are repaired, for

the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a

fixed location.

(f) Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:

(1) A member of any rifle or pistol club organized in accordance with the rules prescribed by the

National Board for the Promotion of Rifle Practice, in going to or from a place of target practice,

carrying such firearms as are necessary for said target practice, provided that the club has filed a

copy of its charter with the superintendent and annually submits a list of its members to the

superintendent and provided further that the firearms are carried in the manner specified in

subsection g. of this section;

(2) A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the

purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and

appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting

license, or, with respect to fresh water fishing, a valid fishing license;

(3) A person transporting any firearm or knife while traveling:

(a) Directly to or from any place for the purpose of hunting or fishing, provided the person has in his

possession a valid hunting or fishing license; or

(b) Directly to or from any target range, or other authorized place for the purpose of practice, match,

target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all

firearms are carried in the manner specified in subsection g. of this section and the person has

complied with all the provisions and requirements of Title 23 of the Revised Statutes and any

amendments thereto and all rules and regulations promulgated thereunder; or

c. In the case of a firearm, directly to or from any exhibition or display of firearms which is

sponsored by any law enforcement agency, any rifle or pistol club, or any firearms collectors club,

for the purpose of displaying the firearms to the public or to the members of the organization or club,

provided, however, that not less than 30 days prior to the exhibition or display, notice of the

exhibition or display shall be given to the Superintendent of the State Police by the sponsoring

organization or club, and the sponsor has complied with such reasonable safety regulations as the

superintendent may promulgate. Any firearms transported pursuant to this section shall be

transported in the manner specified in subsection g. of this section;

(4) A person from keeping or carrying about a private or commercial aircraft or any boat, or from

transporting to or from such vessel for the purpose of installation or repair a visual distress signalling

device approved by the United States Coast Guard.

g. All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph

(1) or (3) of subsection f. of this section 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

 

I don't see anything in there about CCW. Home, own business, repair, hunting.

[NJgunowner86 0]

Seriously guys? 3 pages guys?

 

Devolving into a pissing contest?

 

Put the gun in a box. Lock the box. Put the ammo in a separate box. Lock that box too. Put it in the car. Make sure you have FID card. I keep a photocopy of the handgun registration form for each handgun handy too.

 

Drive to PA.

 

If you get stopped anywhere between sunup and sundown and asked about destination: hello officer, I'm on the way to the gun range.

 

If you get stopped anytime between sundown and sunup: On the way to my brother's/father's/mother's/sister's/friend's/my other house there.

 

If pressed about location, oh that house is in _______ PA. (You have a house there right?)

 

If you have guns locked up in back of the car, and are being stopped for speeding or something, why would it even get to a part where a cop is questioning you about where you are going with said guns and if they are legal? Chances are, he's just out to ruin your night and give you a ticket. He's gonna be asking about how fast you were going, blah blah, keep it on topic. If you are asked about weapons in the car, say yes. Then you pull out the papers and permits. Otherwise, you have no duty to inform. You like your second amendment right? Well how about you exercise your fifth amendment too.

 

And even if he's trying to be a bully and lock you up, you're transporting properly locked guns with paperwork for them and stating a valid, legal destination.

 

Only the most power tripped of jackbooted thugs is gonna persist at that point. And no legal advice you got from an internet gun forum lawyer (which, by the way, is worth exactly how much you paid for it) is going to help you there.

 

As someone with a PA CCW, let me tell you, if you think eastern PA is some bastion of freedom and acceptance, you have no idea what you're talking about. I go out there all the time to go shooting in Bucks, Northampton, and Monroe counties. They have a serious infestation of Jersey morons moving out there and if you're strapping up in the parking lot of a gas station over there you're gonna get the same kind of attention you would on this side of the river. Philadelphia is even worse. Unless you are spending a night over there, carrying for a day trip is just stupid.

 

Sorry.

[PK90 3,573]

No pissing match. Just a discussion on different interpretations of NJ law. :snooty:

[djg0770 481]

Put the gun in a box. Lock the box. Put the ammo in a separate box. Lock that box too.

 

PK90 - he said the S word!

 

No requirement in the law for the ammo to be in a separate box.

[mikeyboyeee 66]

 

Same nothing to stop anyone from claiming they are going to any destination with anything in their trunk.

 

They have no way to validate I am going to a range in any state, dunkin donuts, a hospital, fishing on my boat or to get a rub and tug at the local massage parlor.

 

This is true. If however he asks "are there firearms in the vehicle" and your response is: "Yes", you've got to have a reason in NJ. If you say no, and ultimately your car gets searched, you're in for a spitstorm and at least an evening in the greybar hotel. If you give him a plausible reason, within the exemptions for transport in NJ, chances are he's going to let you go.

 

Do you think "I'm planning to go to PA so I can carry my firearm" will win any favor with the patrolman?

 

 

Who has ever been asked if they have firearms in their car? No one I have ever heard of.

 

And if I tell him no and then they come to find out I do? What are the legal ramifications?

ZERO if I am legally allowed to own them and they are stored properly.

[Brisco 130]

I know NJ has some crazy laws, but

 

http://www.youtube.com/watch?v=NZyVZFJG ... re=related

[Pizza Bob 1,488]

If you are not allowed to put your gun in your car for the purposes of simply transporting it out of state, that means that all the guns currently residing in NJ would be trapped here forever. Do you really think that's what the NJ politicians want????? :mrgreen:

 

Adios,

 

Pizza Bob

[Greydaddy 2]

And, I have four carry permits that are absolutely use-less!

[theiqcrew 0]

why are we telling the officer where we are heading? where am i legally required to do that... ive never been pulled over for a moving violation (so ive never experienced anything like this line of questioning), and im sure every officer is different, but they dont need to know where I am going, hell, they dont even need to know whats in my car, unless they miracle up a reason to search my vehicle. if they asked if i had knives, guns or rocket launchers in the car, im not sure if I would say nothing at all, or say "nothing illegal" .

 

do you guys really keep p2p's in the car or with the handguns? do some of you actually have voluntary registration forms on file with the PD?

Hell, the only reason i keep my FID on me is to make it easy if I decide to go out and spend some money on a new longgun. I keep active pistol permits with arms reach for the same reason, spur of the moment firearm purchases, not so random state trooper X can say "Papiere bitte" at the border checkpoint......

[djg0770 481]

"Papiere bitte" at the border checkpoint......

 

Ach. Ze correct term is Ausweiss, not papiere.

 

-Grammatikpolizei