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Shooting on private property

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My inlaws have about 10 acres and we were thinking of going and shooting on it. I called up the town and looked on their website and couldn't find anything that said we couldn't. The nice lady I talked to said I should check out the NJ fish and wildlife dept. for laws about it. Was just wondering if any of you know the answer already or could point me in the right direction.

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My understanding is that, even on privately owned land where one can safetly shoot without putting anyone or anything at risk, a common obstacle is that the town the land is in may have a "no discharge" ordinance on the books.

 

In the absence of such an ordinance, I can't see why your in laws wouldn't have the right to permit you to shoot on their property. That said, we're in a state that imprisons people for breaking laws that don't exist.

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By my understanding, the only three things preventing you from shooting on your own property are...

 

A. No-discharge ordinance

B. Lead containment/EPA restrictions

C. Noise restrictions

 

While you should have an adequate backstop in order to keep your neighbors safe, nowhere in the law(to my knowledge) is it required.

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Shooting range. Exempted activity.

How is it a shooting range? Is it licensed by the state, and does the "range" report their membership to the state annually?

 

It's really an ugly gray area. If it's your property, and you're shooting your guns, you're okay.

 

If it's not your property, and the property owner hands you one of their (hand) guns to shoot, technically, it's an illegal transfer.

 

If it's not your property, and you bring your (hand) guns there to shoot, you're technically in violation of transportation laws.

 

Long guns, likely no problem.

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How is it a shooting range? Is it licensed by the state, and does the "range" report their membership to the state annually?

 

It's really an ugly gray area. If it's your property, and you're shooting your guns, you're okay.

 

If it's not your property, and the property owner hands you one of their (hand) guns to shoot, technically, it's an illegal transfer.

 

If it's not your property, and you bring your (hand) guns there to shoot, you're technically in violation of transportation laws.

 

Long guns, likely no problem.

 

Is it target practice? That's a listed activity. Is it official with lists sent to the state? No. It's just as legal as everything else in this effing state.

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b. Notwithstanding the provisions of N.J.S.2C:39-9,

16 N.J.S.2C:58-2, N.J.S.2C:58-3 or any other statute to the contrary

concerning the transfer and disposition of 1ammunition or1 17

firearms, a legal owner of a shotgun or a rifle may 118 transfer

ammunition or1 19 temporarily transfer that firearm to another person

20 who is 18 years of age or older, whether or not the person receiving

21 the firearm holds a firearms purchaser identification card. The

person to whom 1the ammunition is transferred or to whom1 22 a

23 shotgun or rifle is temporarily transferred by the legal owner may

receive, possess, carry and use that 1ammunition,1 24 shotgun or rifle

25 in the woods or fields or upon the waters of this State for the

26 purposes of hunting if the transfer is made in the woods or fields or

27 upon the waters of this State, the shotgun or rifle is legal and

28 appropriate for hunting and the person to whom the firearm is

29 temporarily transferred possesses a valid license to hunt with a

30 firearm, and a valid rifle permit if the firearm is a rifle, obtained in

31 accordance with the provisions of chapter 3 of Title 23 of the

32 Revised Statutes.

 

That states that you cannot transfer firearms to someone without a FPID except in those locations. Someone elses property is not one of those locations.

 

No Permit to Carry or FID is required:

To keep or carry any firearm about a person's place of business, residence, premises, or other land owned or possessed by him; a place of business shall be deemed a fixed location.

To carry any firearm "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 the course of travel shall include only such deviations as are reasonably necessary under the circumstances" from any place of purchase to his residence or 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.

To transport such firearms as necessary for target practice, in the manner described in paragraph 2 above, by a member of a gun 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, provided the club has filed a copy of its charter with the Superintendent of State Police and annually submits a list of its members to the superintendent.

To transport any firearm, in the manner described in paragraph 2 above, while traveling:

a. Directly to or from any place for the purpose of hunting or fishing, provided such 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: or

c. Directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any gun club or gun collectors' club for the purpose of displaying the firearms to the public or to members of such organization or club, provided that not less than 30 days prior to such exhibition or display notice shall be given to the Superintendent of State Police by the sponsoring organization or club and the sponsor has complied with such reasonable safety regulations as the superintendent may promulgate.

To carry a firearm 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 is legal and appropriate for hunting or fishing purposes in this State and the person possesses a valid hunting license, or, with respect to fresh water fishing, a valid fishing license.

To transport firearms by a licensed dealer in firearms and his registered employees during the course of normal business, provided the firearms are transported in the manner described in paragraph 2 above.

For members of the armed forces or National Guard while on duty or traveling between places of duty and carrying authorized weapons.

For federal law enforcement officers and any other federal officers and employees required to carry firearms in the performance of their official duties.

For law enforcement officers, vehicle inspectors, prosecutors, and assistant prosecutors.

For guards and persons with limited police or arrest powers while in the performance of their duties.

For out-of-state law enforcement officers while actually engaged in official duties, provided that the Superintendent of State Police, or the police chief, or county prosecutor of the county where the out-of-state officer is engaged in official duties has been notified.

 

This states that execeptions for where you can have a firearm if you don't have an FPID. There is no exception for shooting on someone elses land UNLESS you have a valid hunting licence and the firearms are valid to hunt with in that area at that time.

 

So, if you cannot legal transport your firearms there, cannot legally possess your firearms there, can not legally possess someone elses firearms there, how do you shoot there withOUT an FPID? I guess there could be something I'm missing. They define shooting range, and your inlaws property doesn't qualify.

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That states that you cannot transfer firearms to someone without a FPID except in those locations. Someone elses property is not one of those locations.

 

 

 

This states that execeptions for where you can have a firearm if you don't have an FPID. There is no exception for shooting on someone elses land UNLESS you have a valid hunting licence and the firearms are valid to hunt with in that area at that time.

 

So, if you cannot legal transport your firearms there, cannot legally possess your firearms there, can not legally possess someone elses firearms there, how do you shoot there withOUT an FPID? I guess there could be something I'm missing. They define shooting range, and your inlaws property doesn't qualify.

 

As f*cked up as that is, I read the law the same way.

 

I am not an attorney, but I also believe you do not have to bear witness against yourself, so while transporting to or from this activity, if an LEO asks you where you were, or where you are going, you don't have to tell them a goddam thing. It seems that if you are arrested, you just take the fifth and let them try and prove that you went, or didn't go, anywhere; they would have no way of knowing where your were coming from or where you are headed to. It's impossible to prosecute. Just don't volunteer up any statement.

 

In any case, does anyone here routinely get their trunk searched? So don't piss off a cop pulling you over and you don't have to worry about getting your trunk searched.

 

I had a certified trainer tell me that taking my handgun with a friend who has permission to use private property and being more than 450' from any houses for target practice is OK, as long as there are no local ordinances forbidding the discharge of a firearm.

 

I have an acquaintance who goes in the woods on property he owns and shoots target practice with his hunting shotgun, which would seem to be legal. So if we are on private property, discharging his shotgun is legal, what reason would an LEO have to press the issue on private property? I am assumming that this isn't happening at 1:00 a.m.

 

 

So while the laws on the books suck, and the NRA has to keep banging on NJ, practically speaking if you are an upstanding citizen, exercise a little discretion, and don't talk your way into a crime, everything will be cool.

 

Blue

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Is it target practice? That's a listed activity. Is it official with lists sent to the state? No. It's just as legal as everything else in this effing state.

I think that would be a gray area for handguns, the law says transporting to a "target range or other authorized place". It would be a stretch to call private unimproved land a "range" and it certainly wouldn't be "authorized".

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"Directly to or from any target range or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions:"

 

I called the State Police and they said I could shoot there, that is authorized enough for me. Ray once I get a feel for the land and see if it is worth shooting at I'd think some Zombie Resistance training would be in order :icon_mrgreen:

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I think you are okay indeed, if you have an FPID. It is also known that though you got the opinion of the police, that is all it is and doesn't mean they are right. It won't hold up in court...

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"Directly to or from any target range or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions:"

 

I called the State Police and they said I could shoot there, that is authorized enough for me. Ray once I get a feel for the land and see if it is worth shooting at I'd think some Zombie Resistance training would be in order :icon_mrgreen:

 

Keep me posted papi, and your blaster is begging for some range time!

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I am not an attorney, but I also believe you do not have to bear witness against yourself, so while transporting to or from this activity, if an LEO asks you where you were, or where you are going, you don't have to tell them a goddam thing. It seems that if you are arrested, you just take the fifth and let them try and prove that you went, or didn't go, anywhere; they would have no way of knowing where your were coming from or where you are headed to. It's impossible to prosecute. Just don't volunteer up any statement.

 

I'm certainly not a lawyer, either. I look at it this way.

 

In most states, if you kill somebody in self-defense, you are guilty of murder. Period. There generally are defenses and exceptions that you have an opportunity to prove.

 

In NJ, my understanding is, if you have a gun, you are guilty of having a gun. Having a gun is illegal in NJ. There are defenses and exceptions.

 

I don't think they have to prove you weren't going to a defensible or excepted location. I think you have to prove you were.

 

I could be wrong, I'm no expert. But it will take a lot to convince me otherwise in my own behavior. And, just like shooting somebody in self defense, there is always the possibility the cops or the DA will decide it's not worth making you prove anything.

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I'm certainly not a lawyer, either. I look at it this way.

 

In most states, if you kill somebody in self-defense, you are guilty of murder. Period. There generally are defenses and exceptions that you have an opportunity to prove.

 

In NJ, my understanding is, if you have a gun, you are guilty of having a gun. Having a gun is illegal in NJ. There are defenses and exceptions.

 

I don't think they have to prove you weren't going to a defensible or excepted location. I think you have to prove you were.

 

I could be wrong, I'm no expert. But it will take a lot to convince me otherwise in my own behavior. And, just like shooting somebody in self defense, there is always the possibility the cops or the DA will decide it's not worth making you prove anything.

 

Basically, i would agree. The law says there illegal, and it is not the job of the state to defend you, which means you will have to prove that you fall under the exemptions. If you did not say anything if stopped on your way to the range,they found a gun, you plead the 5th and went to court... how is the court supposed to know how if any exemptions apply to you?

Just kind of shows who the burden of proof falls on.

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The state of NJ can't pull a two-step with this.

 

Just because they play semantics by making a constitutionally-guaranteed right "illegal, but exemptable" doesn't strip any individual of their fifth amendment rights.

 

It is the state's burden to prove beyond a reasonable doubt that an offense has been committed. I played their game, jumped through their friggin' hoops, now I legally own and am allowed to transport and use my handguns in accordance with the law. If I break the law, the state has to prove it, and I am not obligated to help them.

 

I am not naive enough to believe that the state couldn't f*ck me if they wanted. That is why I would never volunteer that I have a firearm in the car at a traffic stop (unless I was specifically questioned about it). If I was asked, I would respond that I am returning from or going to target practice. Or I was transporting it to the gunshop for work, or any other allowed transport. That is all he needs to know. He asked, I answered. I don't believe a LEO can legally go on a fishing expedition without probable cause. If I give him a hard time and some attitude, I will get jerked around, so I obviously would avoid doing so, but I'm not gonna bend over, grab my ankles and help them screw me.

 

Blue

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That is why I would never volunteer that I have a firearm in the car at a traffic stop (unless I was specifically questioned about it). If I was asked, I would respond that I am returning from or going to target practice.

 

If the discussion is going in that direction - I would like to think (though i might not think at that moment) that I would say "I have a constitutional right not to answer any more questions. I will not be answering any more questions officer."

 

Invoking your 5th amendment rights is not grounds for a search of any kind. It may get you a ticket for whatever he stopped you for though.

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I understand this is a really old thread, but I think I need a little clarification... A friend has a big chunk of land out in Chattsworth... So as long as the 3 things arent in effect (no discharge zone, lead content too high, or noise level), and I dig a berm to catch the rounds downrange, it would be legal? For handgun/rifle/shotgun?

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