Help me understand "transportation" law please?

[Dan 177]

IANAL, but to me, "fastened" is as clear as it gets. It means to "attach firmly in place" using a fastener"any various device to hold two objects together". A lock is a type of fastener and obviously works well. There are also other types of devices like zippers, clips, snaps, velcro, tape, rope, etc.

 

Our language has a very good word for when something needs to be secured with a lock...The statutes would specify "locked" if they wanted specifically a lock to be used. Obviously do what you have to do to make you feel better. In my eyes, promulgating the whole 'has to be locked' thing is just going to make things worse for NJ gun owners. We have it bad enough without this urban legend becoming a defacto law.

 

I suggest printing 2C:39-6 g. and keeping it with you. The CJRPC membership cards have it printed on the back of them for years now. If a LEO tries to tell your case has to be locked, show it to him/her. Then they can decide if they want to look the fool by arresting you, as they would have to declare that something "fastened" really means it needs a lock.

 

fastened

[fas-uhn, fah-suhn] pronunciation  Origin

fas·ten

  fastened pronunciation [fas-uhn, fah-suhn]

verb (used with object)

1.

to attach firmly or securely in place; fix securely to something else.

2.

to make secure, as an article of dress with buttons, clasps, etc., or a door with a lock, bolt, etc.

3.

to enclose securely, as a person or an animal (usually followed by in): to fasten a monkey in a cage.

4.

to attach, associate, or connect: to fasten a nickname on someone.

5.

to direct (the eyes, thoughts, etc.) intently: to fasten one's eyes on a speaker.

verb (used without object)

6.

to become fast, fixed, or firm.

7.

to close firmly or securely; lock: This clasp won't fasten.

8.

to take a firm hold; seize (usually followed by on or upon): to fasten on an idea.

9.

to focus attention; concentrate (usually followed by on or upon): His gaze fastened on the jewels.

---------------

fastener

[fas-uh-ner, fah-suh-] pronunciation 

fas·ten·er

  fastener pronunciation [fas-uh-ner, fah-suh-]

noun

1.

any of various devices for fastening.

2.

any of various devices, as a snap or hook and eye, for holding together two objects or parts sometimes required to be separate, as two edges or flaps of a piece of clothing.

3.

a worker who fastens things together.

[BlueLineFish 615]

I never said it HAS to be locked. This is just my practice. If I get pulled over with weapons in my passenger compartment it will put an officer more at ease if the case is locked. I look at it as a form of professional courtesy. Especially since in my vehicle all weapons are within the "grabbable area" of the driver. If I had a sub and put them in the back I probably wouldn't lock them because I really can't reach them.

[vladtepes 1,060]

IANAL, but to me, "fastened" is as clear as it gets. It means to "attach firmly in place" using a fastener"any various device to hold two objects together". A lock is a type of fastener and obviously works well. There are also other types of devices like zippers, clips, snaps, velcro, tape, rope, etc.

 

Our language has a very good word for when something needs to be secured with a lock...The statutes would specify "locked" if they wanted specifically a lock to be used. Obviously do what you have to do to make you feel better. In my eyes, promulgating the whole 'has to be locked' thing is just going to make things worse for NJ gun owners. We have it bad enough without this urban legend becoming a defacto law.

 

I suggest printing 2C:39-6 g. and keeping it with you. The CJRPC membership cards have it printed on the back of them for years now. If a LEO tries to tell your case has to be locked, show it to him/her. Then they can decide if they want to look the fool by arresting you, as they would have to declare that something "fastened" really means it needs a lock.

 

fastened

[fas-uhn, fah-suhn] pronunciation  Origin

fas·ten

  fastened pronunciation [fas-uhn, fah-suhn]

verb (used with object)

1.

to attach firmly or securely in place; fix securely to something else.

2.

to make secure, as an article of dress with buttons, clasps, etc., or a door with a lock, bolt, etc.

3.

to enclose securely, as a person or an animal (usually followed by in): to fasten a monkey in a cage.

4.

to attach, associate, or connect: to fasten a nickname on someone.

5.

to direct (the eyes, thoughts, etc.) intently: to fasten one's eyes on a speaker.

verb (used without object)

6.

to become fast, fixed, or firm.

7.

to close firmly or securely; lock: This clasp won't fasten.

8.

to take a firm hold; seize (usually followed by on or upon): to fasten on an idea.

9.

to focus attention; concentrate (usually followed by on or upon): His gaze fastened on the jewels.

---------------

fastener

[fas-uh-ner, fah-suh-] pronunciation 

fas·ten·er

  fastener pronunciation [fas-uh-ner, fah-suh-]

noun

1.

any of various devices for fastening.

2.

any of various devices, as a snap or hook and eye, for holding together two objects or parts sometimes required to be separate, as two edges or flaps of a piece of clothing.

3.

a worker who fastens things together.

 

and just to add it DOES say "LOCKED in the trunk" and the cased portion specifically does NOT say locked it is obvious the intent was just literally for the gun to not be out in open.. as they use "locked" in one area but not the other..

[PK90 3,570]

and just to add it DOES say "LOCKED in the trunk" and the cased portion specifically does NOT say locked it is obvious the intent was just literally for the gun to not be out in open.. as they use "locked" in one area but not the other..

 

Hmmmm, Sooooo, does that mean the trunk needs to be is locked or does it mean the firearm should be in a locked case within the trunk? I know the intent, but think about it.

 

If they meant the trunk only has to be locked, the law would say, "or in the locked trunk of the automobile in which it is being transported" instead of "or locked in the trunk of the automobile in which it is being transported".

 

Do these mean the same thing? "in the locked trunk" "locked in the trunk"

[vladtepes 1,060]

Hmmmm, Sooooo, does that mean the trunk needs to be is locked or does it mean the firearm should be in a locked case within the trunk? I know the intent, but think about it.

 

If they meant the trunk only has to be locked, the law would say, "or in the locked trunk of the automobile in which it is being transported" instead of "or locked in the trunk of the automobile in which it is being transported".

 

Do these mean the same thing? "in the locked trunk" "locked in the trunk"

 

not sure.. but it certainly doesn't mean locked IN the car.. because IN the car it just has to be in a closed and or fastened case.. wrapped.. hog tied.. etc..

[vladtepes 1,060]

2C:39-6g .............................. 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.

 

Verb 2. lock in - place in a place where something cannot be removed or someone cannot escape; "The parents locked her daughter up for the weekend"; "She locked her jewels in the safe"

 

 

 

locked in trunk means placed in trunk so they can not be removed.. like you lock something in a box.. not that each individual item is to be locked..

[jaybirdtke 13]

I just reread the State website on transportation and I believe this implies a lock if you do not have a trunk.

 

"The firearm should not be directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console."

[vladtepes 1,060]

I just reread the State website on transportation and I believe this implies a lock if you do not have a trunk.

 

"The firearm should not be directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console."

 

transportation THROUGH NJ is a practice protected by something called Firearms Owners Protection Act.... it enables people to travel through states without fear of prosecution.. if you are traveling THROUGH NJ say from FL to Maine.. then yes.. has to be locked..

 

NJ LAW does not have such wording.. if you live in NJ and are traveling within NJ you must follow NO law.. which does NOT have any wording for lock...

 

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.

 

as hard as this is to believe.. the NJSP website is a BAD resource for firearms law.. it is riddled with opinion.. and confusion untrue statements..

we have a thread with ALL of the NJ gun law.. and it is stated in the least bias way I possibly could word it.. and it is coupled with the actual LAW..

 

http://njgunforums.com/forum/index.php?/topic/29389-nj-law-summary-read-first-nj-gun-law-faqs/

[jaybirdtke 13]

Thank you vladtepes for the response. I appreciate the information. I am NOT trying to be difficult, but if I am transporting from my home in NJ to a range in NJ, aren't I transporting THROUGH NJ?

[vladtepes 1,060]

Thank you vladtepes for the response. I appreciate the information. I am NOT trying to be difficult, but if I am transporting from my home in NJ to a range in NJ, aren't I transporting THROUGH NJ?

 

YES... but there are two sets of laws.. one set of laws applies to transport from one state to another.. in which you are traveling through a state in which the start and end of your journey are NOT within the same state.. in this instance you must comply with federal law (FOPA) in which the container MUST be locked if in the vehicle.. the other transport occurs within the state.. where the start and end of your journey is within the same state.. and in that instance state law supersedes federal law.. and state law makes no distinction of locking the case within the passenger compartment..

[jaybirdtke 13]

Thanks vladtepes. You are the man.