Jump to content
hobobluz

Authorization to Transport Handgun to a Range

Recommended Posts

:facepalm:

this is %100 correct expect for the parts I highlighted for you...

 

Is safe practice and not required confusing? In the trunk is locked up... so WTF

 

I know the actual law, I was just trying to give a new guy simple on the safe side guidelines imparted to me by knowledgable people. I guess thats a big no no.

Share this post


Link to post
Share on other sites

Is safe practice and not required confusing? In the trunk is locked up... so WTF

 

I know the actual law, I was just trying to give a new guy simple on the safe side guidelines imparted to me by knowledgable people. I guess thats a big no no.

 

 

I think that the issue is this.. (with all due respect).. the laws in NJ are super restrictive and annoying enough without adding more laws over top of them... follow the letter of the law which is clear, and there is no reason to go above and beyond that... you tell him the "accepted safe practice" is removing the firing pin or something crazy (NOT what you did just giving an example).. and now he tells someone else you gotta remove the firing pin when transporting... and then they tell someone.. next thing you know 100 people think you have to remove the firing pin to transport.... again.. JUST saying.. stick to the rules and guidelines.. they are pretty clear.. :icon_e_biggrin:

Share this post


Link to post
Share on other sites

I think that the issue is this.. (with all due respect).. the laws in NJ are super restrictive and annoying enough without adding more laws over top of them... follow the letter of the law which is clear, and there is no reason to go above and beyond that... you tell him the "accepted safe practice" is removing the firing pin or something crazy (NOT what you did just giving an example).. and now he tells someone else you gotta remove the firing pin when transporting... and then they tell someone.. next thing you know 100 people think you have to remove the firing pin to transport.... again.. JUST saying.. stick to the rules and guidelines.. they are pretty clear.. :icon_e_biggrin:

 

I completely agree there is a "telephone game" at work with our laws, thats what I meant by grey area... the law is only clear to those who take the time to read it. My only personal experience with police and firearms the initial officer and his backup both thought my FID card was the end all. I wouldn't of wanted to argue 2C:39- with them on the side of the road. This is good though everyone needs all the information and then they can decide individually how far to go.

 

 

BTW, Thanks for the advice I am now removing all my firing pins. :icon_e_biggrin:

Share this post


Link to post
Share on other sites

Okay so lets just say I like to go shooting with my friend who also owns firearms. I'm pretty sure I understand the answer, but it is illegal for us to carpool to the range? Picking him up is not a reasonable deviation?

 

I think its a reasonable deviation. Pretty sure most people would.

 

Will law enforcement agree? No idea, my cousins, a cop and a trooper, both think you can't even stop for gas or food. They think the law is meant no stops at all. (They are also covinced that hollow points are illegal to transport to the gun range from your home even after I showed them where it said I was allowed to but that's a whole issue on its own)

 

Guess it'll be for a judge to decide if the exemptions apply to your specific case and if they don't they won't tell the jury that the exemptions even exist.

 

Sufficed to say me and my friends either leave in one car from the house of the owner of the guns in question or take seperate cars to the range (most of the time...)

 

Only reason is I have no idea on what they will decide is a reasonable deviation. Anyone know of any cases pertaining to this?

Share this post


Link to post
Share on other sites

I completely agree there is a "telephone game" at work with our laws,

 

BINGO...

 

Maybe I am stupid.. but I am not really afraid of being wrongfully accused... and I have no issue cooperating.. if they think I did something wrong.. let them charge me.. I am pretty sure that if I am innocent there is some lawyer out there that would be interested in filing a case against the city.. I am not against law enforcement at all, and respect the job they do.. but I am not interested in being hassled simply to allow the government to do things that are not allowed.. so if the law says that I do not need my handgun purchase permit.. if the law says I do not need a bill of sale.. when transporting these firearms.. then I see no reason to bring them.. why would I provide the police with documentation that they have no legal right to request.. when you are pulled over for speeding do you give the officer your birth certificate? If the police respond to your home for a noise complaint do you get your lease ready so they know you really own the home? of course not... because that would be absurd.. just remember.. if someone you encounter does not understand the law.. that is not your fault, as long as you are %100 sure YOU understand it.. want to bring a random piece of paper to error on the safe side? then there is only ONE that I would recommend.. and that is the firearms code as it is literally written.. if they start asking you to produce documentation that is not required by law simply hand them the copy of the law as it is written and say no more... the reality is most cops don't do stuff like that unless you give them a reason.. so if it gets to that point.. where you are on the side of the road.. and your guns are somehow out of your car.. cleared on the hood of a police car.. and they are questioning your ownership.. I am going to go out on a limb and say you have much bigger problems.. and likely already did something VERY wrong...

 

but yeah.. just make sure you pull the firing pin and you should be good to go.. :icon_e_wink:

Share this post


Link to post
Share on other sites

It actually allows one to transport long guns. The exemption is only for transporting without a FPID.

 

 

Really? I guess I wasn't aware of that. Do you know where it says that? I'm always interested in learning more about the crazy Jersey laws.

 

Okay so lets just say I like to go shooting with my friend who also owns firearms. I'm pretty sure I understand the answer, but it is illegal for us to carpool to the range? Picking him up is not a reasonable deviation?

 

Unfortunately, this is in fact another gray area open to interpretation. Unless this friend is clearly out of the way, they wouldn't know you weren't going straight to/from the range. So I would be vague about answering any questions relating to the subject of firearms and transportation.

 

Whoa!!

What you are saying then' date=' is if I bought or bring a gun in from another state, country, universe, then it is perfectly legal for me to take this handgun to any range in New Jersey?[/quote']

 

A legally acquired firearm, that is also legal in NJ, absolutely. If you are now a NJ resident, then it wouldn't be a bad idea to bring the bill of sale, and/or proof of your past residency in the other state, though you are under no obligation to do so.

Share this post


Link to post
Share on other sites

deviations that are reasonably necessary... I am pretty sure that if you pick your friend up who is 10 minutes out of the way it is not going to be the end of the world...

 

[speculation] I believe the scope is the law is to prevent people from driving around with a handgun in the car.. the scope of the law is intended to create a situation where there is not an endless quantity of firearms out there.. sitting in mall parking lots... and so on.. picking your friend up.. on the way to the range where you intend to shoot... would be reasonable to anyone you asked imo of course.. I know I would not hesitate to pick my friend up on the way to the range.. where I intend to use my firearm legally... [/speculation]

Share this post


Link to post
Share on other sites

deviations that are reasonably necessary... I am pretty sure that if you pick your friend up who is 10 minutes out of the way it is not going to be the end of the world...

 

[speculation] I believe the scope is the law is to prevent people from driving around with a handgun in the car.. the scope of the law is intended to create a situation where there is not an endless quantity of firearms out there.. sitting in mall parking lots... and so on.. picking your friend up.. on the way to the range where you intend to shoot... would be reasonable to anyone you asked imo of course.. I know I would not hesitate to pick my friend up on the way to the range.. where I intend to use my firearm legally... [/speculation]

 

I would wager to guess that this speculation is indeed what the intent was. Unfortunately we all know it doesn't always (or usually) end up being interpreted that way by those that have authority... :(

Share this post


Link to post
Share on other sites

 

why would there be a judge involved.. what do you mean here? what he posted as far as I am aware is completely correct in the context of the question.. he is not explaining HOW to legally transport.. he is explaining what gives the original poster the right to transport.. and in that explanation I think he is pretty accurate..

 

Hello McFly; were you sleeping during the whole Brian Aitken thing, it was a joke...

Share this post


Link to post
Share on other sites

Hello McFly; were you sleeping during the whole Brian Aitken thing, it was a joke...

 

He explained how to legally transport a firearm.. then you chime in with all the judge stuff... didn't sound like a joke.. this is the internet where I can not hear voice inflection, sorry my "internet sarcasm radar" must be off.. also I am not sure what relevance someone (Brian) driving around NJ with high capacity magazines and getting popped for it has to do with someone legally transporting to and from the range... I am not here to "e-fight" with you, I (along with others) didn't understand your post so just asked you to explain.. didn't mean to get you all worked up..

Share this post


Link to post
Share on other sites

He explained how to legally transport a firearm.. then you chime in with all the judge stuff... didn't sound like a joke.. this is the internet where I can not hear voice inflection, sorry my "internet sarcasm radar" must be off.. also I am not sure what relevance someone (Brian) driving around NJ with high capacity magazines and getting popped for it has to do with someone legally transporting to and from the range... I am not here to "e-fight" with you, I (along with others) didn't understand your post so just asked you to explain.. didn't mean to get you all worked up..

 

Not all worked up, just saying that the judge in his case would not let him even use the moving exemption as his defense... So it really dosen't matter if what you are doing is legal if your judge won't let the jury hear your defense... I don't know, I thought it was funny...

Share this post


Link to post
Share on other sites

Not all worked up, just saying that the judge in his case would not let him even use the moving exemption as his defense... So it really dosen't matter if what you are doing is legal if your judge won't let the jury hear your defense... I don't know, I thought it was funny...

 

fair enough, no hard feelings of course!... I may be the minority.. but I have to say I think Brian was wrong.. I think that the sentence he got was ridiculous.. but he did break the law.. and when you are moving.. and transporting an illegal firearm.. does the moving exception even cover you?

 

I get pulled over and I have a Krink in the car..

It is a gun I legally purchased at some point, and am moving from one NJ home to the other..

 

is the fact that I am moving relevant in any capacity? the gun he had was set up in a NJ illegal configuration..

 

again to be clear he DID get a ridiculous sentence.. but his situation could have been completely avoided..

Share this post


Link to post
Share on other sites

fair enough, no hard feelings of course!... I may be the minority.. but I have to say I think Brian was wrong.. I think that the sentence he got was ridiculous.. but he did break the law.. and when you are moving.. and transporting an illegal firearm.. does the moving exception even cover you?

 

I get pulled over and I have a Krink in the car..

It is a gun I legally purchased at some point, and am moving from one NJ home to the other..

 

is the fact that I am moving relevant in any capacity? the gun he had was set up in a NJ illegal configuration..

 

again to be clear he DID get a ridiculous sentence.. but his situation could have been completely avoided..

 

Actually Vlad, I tend to lean the same way you do. He had a magazine of illegal capacity in NJ... he was wrong and got caught, so he deserved the serve the time for that particular violation. The 7 years he was sentenced to was for illegal possession of a handgun. He should have been covered by the moving exemption under 2C:39-6, but the judge instructed the jury to apply 2C:39-5 to this case, and failed to inform them of the exemption. BTW, the firearm itself wasn't illegal, only the magazine(s).

 

That same exemption is what "permits" us to possess handguns in our homes and to transport them to/from the range, etc. If that exemption is disallowed by a judge, then we all could find ourselves in the same predicament as Brian, even if we don't have evil assault weapons.

 

Brian Aitken is not exactly the poster child we want for highlighting the absurdity of NJ firearms laws, since he did legitimately break NJ law by possessing "high capacity magazines". If it weren't for that little burr under the saddle, he'd be the NJ version of Dick Heller.

Share this post


Link to post
Share on other sites

(This post only relates to transportation of firearms by looking into how bad NJ laws are)

 

Your transportation exemption is null and void if you have a 16 round magazine fine and dandy with 15 rounds.

 

This is the same as if the state decided you could only buy 5 bottles of liquor at a time and transport them to your home, 6 bottles and you will serve 7 years on felony charges in a state prison.

 

That and most 15 round 22lr semis with a tubular feed could be said to be over the limit since they can fit 19 rounds of 22 short

 

Granted it will not feed reliably but it will feed and then jam but the law doesn't even care, a malfunctioning semi that fires 2 rounds off a trigger pull then jams is an automatic weapon according to the batfe

 

...end rant

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...