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doctorbrockwell

Transport handgun to parents' house from out-of-state for 1 week sta

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Hi everyone.

 

I grew up in Jerz and now I live in Cali. My parents still live on the shore, near Seaside. I own a P229 and I do NOT have a NJ FID.

 

I'd like to bring my Sig into NJ during a 1 week visit to my parents' house.

 

What I would like to do is:

 

1) Fly into PA with my Sig in a locked hardcase, and NJ-legal ammo (180 gr. FMJ .40 S&W) in a separate locked hardcase;

2) Drive into NJ with both cases in the trunk of my car directly to my parents' house;

3) Leave them in their cases at my parents' house for the duration of my stay in NJ;

4) Directly leave the state with the two locked hardcases in the trunk of my car.

 

I have a CA driver's license but, like I said, no NJ FID; my parents are NJ residents and have been for over 30 years. Neither of them has an FID.

 

So my question is, is this legal, and, if it is, is it likely that, in your experience with the NJ cops and NJ laws, I'd be likely to run into any problems doing this.

 

Thanks.

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I was going to give a not worth the hassle as an answer also.. but technically IS it legal or illegal? and if it is legal.. then to what end is it legal.. how much the gun be secured.. he can't exactly leave it unsecured at someone's home that is not his? I am not %100 sure either way..

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I was going to give a not worth the hassle as an answer also.. but technically IS it legal or illegal? and if it is legal.. then to what end is it legal.. how much the gun be secured.. he can't exactly leave it unsecured at someone's home that is not his? I am not %100 sure either way..

 

It's not his home therefore he wouldn't be covered by an exemption. If it was a lease for a week and his name was on it, it would be a legal destination but as it stands, he's just visiting and therefore not legal which consequently breaks FOPA protection.

 

The reality of the matter is that if he flies into PA with it, puts it in the trunk and it goes into his parents house, who is going to know? I believe it would be illegal though and therefore not a good idea. It would be a problem if the car he was in got into an accident. Who's guns are they? If Dad volunteers, and is found out that becomes an illegal transfer, if the OP says they are his, he's facing felonies and his guns and rights taken forever. Definitely not a good idea.

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It's not his home therefore he wouldn't be covered by an exemption. If it was a lease for a week and his name was on it, it would be a legal destination but as it stands, he's just visiting and therefore not legal which consequently breaks FOPA protection.

 

The reality of the matter is that if he flies into PA with it, puts it in the trunk and it goes into his parents house, who is going to know? I believe it would be illegal though and therefore not a good idea. It would be a problem if the car he was in got into an accident. Who's guns are they? If Dad volunteers, and is found out that becomes an illegal transfer, if the OP says they are his, he's facing felonies and his guns and rights taken forever. Definitely not a good idea.

 

 

that all makes sense to me..

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I can't think of a legal way to do this under the handgun transportation exemptions. You don't live or have a "place of business" at your parent's house. Unless they have a target range in their backyard, or run a gun repair shop in the house you're out of luck.

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It's not his home therefore he wouldn't be covered by an exemption. If it was a lease for a week and his name was on it, it would be a legal destination but as it stands, he's just visiting and therefore not legal which consequently breaks FOPA protection.

 

There is nothing in FOPA that says it has to be your home. It says it has to be legal to possess where you leave from and where you are going. 2C39-6 says:

 

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

 

It uses words "residence, dwelling and premises" as different kinds of places. His parent's "residence" is his dwelling or premises during his stay here.

 

No money or lease need change hands to make it your residence. If I have two houses and let my daughter live in one full time without paying rent or no lease doesn't she reside there? Isn't it her dwelling? People come from all over to NJ to shoot matches on Sunday. Many arrive Saturday, shoot the match, spend the night at a friend's house and leave on Monday. I can't see any violation here.

 

Its not like you can carry it anyway.

 

Depending on his route he may be able to open carry in some states on the way. Concealed carry if he's going through AZ. Many states allow you to carry in your car without a permit.

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It uses words "residence, dwelling and premises" as different kinds of places. His parent's "residence" is his dwelling or premises during his stay here.

 

Playing fast and loose with dwelling isn't going to help this individual.

 

A hotel is not a residence as in George Revell. His parents home is no different than a hotel room, the statutes don't mention relationship to the property owner. The hotel was Revell's "dwelling" and he was coming from it.

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Playing fast and loose with dwelling isn't going to help this individual.

 

A hotel is not a residence as in George Revell. His parents home is no different than a hotel room, the statutes don't mention relationship to the property owner. The hotel was Revell's "dwelling" and he was coming from it.

Also seeing how NJ is his final destination, and given how the laws are up to interpretation for the given situation, it is not advisable to even bring it here. The only time you are permitted to transport a handgun in this state is to a gunsmith, or a shooting range. I doubt a cop on the side of the road is going to be willing to debate the wording of residence or dwelling with someone from out of state that got pulled over. Leave it home in Cali, you'll see it in a week.

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A hotel is not a residence as in George Revell.

 

Then why were the charges dismissed?

 

Good writeup on it Here.

 

Basically NJ dropped the charges because *gasp* they felt sorry for him. It was obvious he unintentionally fell into a legal gap in FOPA and NJ's absurd laws, so the state dropped the charges.

 

No legal precedent came out of the case, only suggestions on what travelers can do to avoid the situation in the future while traveling through PRNJ or similar non-free states.

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Basically NJ dropped the charges because *gasp* they felt sorry for him.

 

Actually it was because the PA Police acted like buffoons in arresting him in the first place.

 

I imagine all the arrests for people transporting handguns into NJ for legal purposes are hidden with all those "arrested for possession of a single hollowpoint" arrests

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the OP is flying into PA... not driving through the country. Absolutely not worth it to bring a handgun to NJ, not unless you are moving, and it looks like there is no legal reason for you to bring it anyway. It is your parents house, and not yours.

 

Come out to the range whenever you are here... just look at the events section.

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If you're uncomfortable about being unarmed then get an NJ FID and bring a shotgun or rifle. More powerful than a handgun, and at least you can transport it to places it unloaded in the trunk - from what I understand.

 

Providing time allows for that. Do you have a CA carry license? Not that it would matter in NJ, just curious for context.

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You may not even make it to NJ. If your final destination is NJ, then you are not protected by FOPA because the gun is not legal to possess at your destination. You will be risking getting arrested at the airport in CA when you check the gun and they ask you your final destination, if you say "NJ."

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In NJ the firearm law is whatever the policeman thinks it is at the time of your arrest. They may let you go after a week then have you back on your dime at a time and place of their choosing to further discuss in front of a judge. You may be fortunate enough to be sentenced to 7 years in prison. The possibilities are endless.

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Thanks for the replies everyone. The reason that I'm wondering about bringing the gun into Jerz is that I'm planning on spending a week in PA; I have a CCW with PA reciprocity.

 

The other alternative I was considering was leaving

my Sig with my buddy in PA. He's outside of Philly, has a PA CCW and has a number of handguns and long guns. I'm not too familiar with PA laws, but it doesn't seem like this would be a problem; is this a legit option?

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Thanks for the replies everyone. The reason that I'm wondering about bringing the gun into Jerz is that I'm planning on spending a week in PA; I have a CCW with PA reciprocity.

 

The other alternative I was considering was leaving

my Sig with my buddy in PA. He's outside of Philly, has a PA CCW and has a number of handguns and long guns. I'm not too familiar with PA laws, but it doesn't seem like this would be a problem; is this a legit option?

 

If you have a PA CCW reciprocity, you're fine to have the gun with you while in PA. Once it is at your buddy's house in PA is it legal? I am not sure but then who would ever know? As long as he's not a alcoholic wife beater who gets visits by the cops, you're fine. It'll keep it out of Nazi Jersey and you're rights won't be under threat.

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In PA, it is legal for someone with PA LTCF to borrow a handgun. So you are good there. Stupid law, but there it is.

 

The question is, would this be considered an interstate transfer of a handgun under federal law. I don't have the answer to that question. Interstate loans are generally permitted for sporting purposes I think.

 

Honestly, it's PA. Not NJ or CA. He doesn't have to explain the handgun at all if it is discovered for some reason. I wouldn't worry about it if it were me once I covered Commonwealth law and as long as I wasn't actually planning to break Fed law under the spirit of which it was intended (sale or permanent transfer).

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