NY/NJ Questions

[cuttingedge 0]

Here is the situation:

 

My Primary address is in Rockland County NY which is also where I have my drivers and pistol license. My parents also own a home in Bergen County that I live in part time. Is it legal for me to have my pistols/ Bushmaster XM15 at the Bergen County house? I plan on keeping my address in NY for a number of reasons but would like to be able to have the guns with me when I am at either place.

I would appreciate all advice/ suggestions

 

Thanks.

[lunker 274]

I can't advise you on New York restrictions, other than the magazine capacity of 10 (versus 15 for NJ). As for New Jersey, you will have to deal with the restrictions on firearms transportation (i.e. to and from a range, etc) unless you get a New Jersey Firearm Purchaser's ID. You can get one as an out-of-state resident though. When you have one, the destination limitations are lifted. Since you do not officially reside in New Jersey, I believe you would need to go through a state police barracks.

[Malsua 1,422]

Here is the situation:

 

My Primary address is in Rockland County NY which is also where I have my drivers and pistol license. My parents also own a home in Bergen County that I live in part time.

 

 

If you really live there, then yes, it is your NJ residence. If you flop down on the couch once a month when you visit, then no. If you get a NJ firearms Purchaser ID, you are 100% covered with the long guns without question.

 

If it ever came to it, and I seriously doubt it would, they're going to determine if you live there if you have a reason to live there. Do you work nearby? Girlfriend? etc. do the neighbors see you all the time, do you have your own room, keep clothes there, toothbrush, etc.

 

If you get the cable bill, phone bill or something like that into your name at that residence, you're set.

[Dan 177]

As others said, you need an NJ FID to be able to transport and posess your long guns at your NJ location. For HG's you are bound by the travel exemptoins regardless... going to range, home, dwelling, etc. Only if your NJ location is one of your residences, that you actually live there for some time each year would you be able to bring your HG's there. As others said, if push came to shove, the prosecutor would challenge that you actually don't live in NJ, as NY is your official residence. You would have to prove that you live part time in both places and have evidence to back it up.

[cuttingedge 0]

^{Yes I rent the house in NJ from my parents but do not plan on "living" here for ever. They live in NY which has always been my place of residency due to my job and being a volunteer F.F. I want to keep my DL and Pistol license in NY as that is where I usually am other than sleeping at the house in NJ.}

^{Can I have the guns at the NJ house?}

[Malsua 1,422]

If you're paying rent, it is your residence and you can have your guns there.

[cuttingedge 0]

If you're paying rent, it is your residence and you can have your guns there.

 

Thanks,

 

One other question - My Fire Dept. owns property in upstate NY and we all go shooting there about 6-7 times a year. Can I legally transport my guns through NJ to NY if I follow the rules as far as in a secure box and ammo seperate? I know that I can legally transport them in NY the way that I have been, but from my residence in NJ to the border is about 10 mins and I am always worried about getting pulled over in NJ.

[Malsua 1,422]

Thanks,

 

One other question - My Fire Dept. owns property in upstate NY and we all go shooting there about 6-7 times a year. Can I legally transport my guns through NJ to NY if I follow the rules as far as in a secure box and ammo seperate? I know that I can legally transport them in NY the way that I have been, but from my residence in NJ to the border is about 10 mins and I am always worried about getting pulled over in NJ.

 

Yes. While I wouldn't voluntarily disclose that you have firearms in the car, if it ever comes to it, your answer should always be "I'm heading to a firing range on Fire Department property in NY" if asked about guns. If not "heading upstate to meet some friends" for the generic answer.

[cuttingedge 0]

Again thanks for your response.

I am friends with a lot of cops in NY and know not to disclose too much.

Chances are it won't happen but I like to have my bases covered.

My sister and future brother in-law whom is a cop in NY stayed at our house to watch our dogs for a couple of days and told me that even he cannot transport his gun "legally" to NJ because he carries Hollow Points that are issued by his dept.

The laws in both NY and NJ Suck.

[Rifleman1 32]

^{Yes I rent the house in NJ from my parents but do not plan on "living" here for ever. They live in NY which has always been my place of residency due to my job and being a volunteer F.F. I want to keep my DL and Pistol license in NY as that is where I usually am other than sleeping at the house in NJ.}

^{Can I have the guns at the NJ house?}

 

I believe your name might need to be on the lease, but INAL.

[woodentoe 14]

 

My sister and future brother in-law whom is a cop in NY stayed at our house to watch our dogs for a couple of days and told me that even he cannot transport his gun "legally" to NJ because he carries Hollow Points that are issued by his dept.

 

 

I think this is an odd Catch22 for NYPD. My buddy is a PO and he's not supposed to fire any ammo not issued by the department from his duty pistol (everything accounted for), and he's not allowed to transport issued ammo across state lines. There are a lot of rules.

[Malsua 1,422]

I believe your name might need to be on the lease, but INAL.

 

It needs to be contractual. A verbal contract is still a contract. It's harder to prove in court, but it is just as legitimate. What isn't any good is "I kick mom and dad a few bucks when I've got some extra".

[cuttingedge 0]

It needs to be contractual. A verbal contract is still a contract. It's harder to prove in court, but it is just as legitimate. What isn't any good is "I kick mom and dad a few bucks when I've got some extra".

 

We have a signed lease

[Malsua 1,422]

We have a signed lease

 

You are 100% legal to transport to/from your other residence, a firing range, a gunsmith, a business you own or to hunt. Directly to and from these places with only reasonable deviations. Reasonable is up to interpretation. Stopping to get gas, fix a flat, etc. are ok. Stopping to have a 2 hour sit down meal probably is not but it'd be up for a judge/court to decide. Just head to where you're going and you'll be fine. Don't plan a bunch of errands while you've got firearms in the car.

[Dan 177]

We have a signed lease

 

IANAL... IMO if your name is on the lease, and you share your time at that residence with another residence in NY, I do not see any issues with transporting and keeping your HG's and rifles there.

[PeteF 1,044]

Pistols are probably ok ( no mags>15 rounds)

Make sure the AR doesn't have an extra evil feature or its a nogo in NJ.

(pinned/welded muzzle break, no bayo lug, non collapsable stock, 15 round max mags)

[halbautomatisch 60]

Pistols ate probably ok ( no mags>15 rounds)

Make sure the AR doesn't have an extra evil feature or its a nogo in NJ.

(pinned/welded muzzle break, no bayo lug, non collapsable stock, 15 round max mags)

 

 

 

This^^^^^^^

 

Keep in mind NJ does not have the "grandfathering" NY has for pre 94 mags and guns - no mags over 15 rounds whatsoever, semiautos must be AWB compliant.

[cuttingedge 0]

_{Thank you for all of the input.}

 

_{All of the guns are NY compliant (10 rd clips) so I should be good to go. The AR has a fixed Muzzle Break, no Bayo lug, a pinned stock and also 10 rd clips. BTW I do have some pre-ban AR mags but they are at my NY location.}

[exfed2002 4]

and told me that even he cannot transport his gun "legally" to NJ because he carries Hollow Points that are issued by his dept.

 

The LEOSA mod of 2010 pre-empted the ammunition restrictions so he's good to go.

[woodentoe 14]

The LEOSA mod of 2010 pre-empted the ammunition restrictions so he's good to go.

 

 

But, I'm not stating it is illegal for him to carry ANY firearm across state lines. My understanding was that Depeartment policy restricts him from taking department issued ammo out of state....and he has to shoot department issued ammo in his service pistol.

 

He can do whatever he wants with his off-duty carry or other pistols is all.

[GRIZ 3,369]

The LEOSA mod of 2010 pre-empted the ammunition restrictions so he's good to go.

But, I'm not stating it is illegal for him to carry ANY firearm across state lines. My understanding was that Depeartment policy restricts him from taking department issued ammo out of state....and he has to shoot department issued ammo in his service pistol.

 

He can do whatever he wants with his off-duty carry or other pistols is all.

 

Many state and local agencies restrict issue guns and ammo out of state. They want to keep out of any liability issues resulting from the use of either while the officer is carrying under LEOSA out of state.