Anything wrong with driving around with an unloaded long gun in the trunk?

[HarryLee 0]

Are there any NJ laws against this?

[johnp 45]

Are there any NJ laws against this?

 

NO.

 

You need to have an FID, but it doesn't have to been on you while you are transporting a long gun. <This is the common argument and understanding of the laws, play it safe and keep your FID in your wallet.

[PK90 3,573]

The possessor must have gone through the FPID process prior to doing so.

 

Late again

[Old Glock guy 1,127]

Harry, I'm sorry to have to be the jerk here, but someone has to do it. Do a search on this. It has been discussed ad nauseum, as recently as a few weeks ago.

[when_shtf 4]

Out in the sticks we use to drive with rifles on a rack in the back of our pickup trucks.

 

No one does that anymore. I never experienced anyone elses road rage back then.

[mikelets456 78]

Really? So I can have a shotgun in the back of my SUV all the time? That's good to know to have protection when the SHTF scenario happens and I ain't at home!!!

[RubberBullets 65]

With that reiterated once more I wonder how many people have an AR or Shotty mounted in their trunk of their vehicle? If it's legit you know people are doing it (just not talking about it)

[Zell959 40]

Really? So I can have a shotgun in the back of my SUV all the time? That's good to know to have protection when the SHTF scenario happens and I ain't at home!!!

 

I don't believe that is the case. Unloaded transport is permited, but not indefinetly. I would recommend you check out vladtepes excellent NJ law summary thread, but the follow is the specific passage that effectively blocks you from simply keeping an unloaded weapon in your vehicle 'just in case':

 

 

"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."

[njJoniGuy 2,133]

It's popularly known as "Plan B" and is practiced by many, here and on the other gun boards.

As long as you've been issued a NJ FID, the objection by Zell, above, does not apply to LONG GUNS (which was the original question)

[HarryLee 0]

It's popularly known as "Plan B" and is practiced by many, here and on the other gun boards.

As long as you've been issued a NJ FID, the objection by Zell, above, does not apply to LONG GUNS (which was the original question)

Good to know. It's not like I'll be driving around with 10 long guns or something.

[Dan 177]

I don't believe that is the case. Unloaded transport is permited, but not indefinetly. I would recommend you check out vladtepes excellent NJ law summary thread, but the follow is the specific passage that effectively blocks you from simply keeping an unloaded weapon in your vehicle 'just in case':

 

 

"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."

 

Incorrect. If a person has a NJFID, they are not bound by the 2C:39-6 exemptions for the possession of long guns, as you are covered under 2C:39-5. Transportation rules only apply if you are in possession of the gun under 2C:39-6 exemptions.

 

Technically, provided a person has a NJFID, they can sling an uncased and unloaded rifle on their back and walk around. They cannot be charged with "unlawful possession of a weapon" under 2C:39-5. I'm not saying its a good idea, and I have also posted before... this is still NJ, and depending where you are LE can come up with other violations in order to hinder you from performing this activity where they don't want you to be.

[HarryLee 0]

Incorrect. If a person has a NJFID, they are not bound by the 2C:39-6 exemptions for the possession of long guns, as you are covered under 2C:39-5. Transportation rules only apply if you are in possession of the gun under 2C:39-6 exemptions.

 

Technically, provided a person has a NJFID, they can sling an uncased and unloaded rifle on their back and walk around. They cannot be charged with "unlawful possession of a weapon" under 2C:39-5. I'm not saying its a good idea, and I have also posted before... this is still NJ, and depending where you are LE can come up with other violations in order to hinder you from performing this activity where they don't want you to be.

Wow, is that really possible? Walk around the street with an unloaded long gun strapped to your back? If so, can you carry ammo in your pockets?

[Dan 177]

All I'm saying is that legally... you cannot be charged under 2C:39-5, which covers "unlawful possession of weapons". Most likely you would be charged with something else along the lines of causing a public panic, loitering, disturbing the peace, or whatnot. This is NJ, and the law does not provide protections from being charged with non-firearm violations, when the real purpose is to discourage lawful possession.

[Zell959 40]

 

 

Incorrect. If a person has a NJFID, they are not bound by the 2C:39-6 exemptions for the possession of long guns, as you are covered under 2C:39-5. Transportation rules only apply if you are in possession of the gun under 2C:39-6 exemptions.

 

Technically, provided a person has a NJFID, they can sling an uncased and unloaded rifle on their back and walk around. They cannot be charged with "unlawful possession of a weapon" under 2C:39-5. I'm not saying its a good idea, and I have also posted before... this is still NJ, and depending where you are LE can come up with other violations in order to hinder you from performing this activity where they don't want you to be.

 

I just reread it all more carefully and it actually does seem that your correct. I'm actually really surprised by that. Shame on me for not researching it more thoroughly, but I had just always assumed all the warnings I heard about transport applied to all firearms, which seemed in line with all of njs usual nonsense.

[mipafox 438]

Anything wrong with driving around with an unloaded long gun in the trunk?

 

The only thing I can see is that the gun should be loaded.

 

Are there any NJ laws against this?

 

Oops! I take that back

[TheDon 3]

It is 9:00am Monday morning and you are looking for a place to park. A sign along the road in front of a church says "No Parking Sunday 5:00am to 1:00pm" and there is space available for your to park. Are you permitted to park there?

 

If you answered "Yes", you are a normal person applying common reason to the situation. But you are wrong and you know nothing about Law.

The correct answer is, it is not clear.

 

True, you cannot be charged for illegal possession of a long gun if you hold a NJFPID card. But your NJFPID card is not a “get out of jail free card” that allows you to walk around carrying an unloaded long gun, or store a long gun in your trunk for WTSHTF, or whatever.

 

Never forget that this is NJ.

[njJoniGuy 2,133]

It is 9:00am Monday morning and you are looking for a place to park. A sign along the road in front of a church says "No Parking Sunday 5:00am to 1:00pm" and there is space available for your to park. Are you permitted to park there?

 

If you answered "Yes", you are a normal person applying common reason to the situation. But you are wrong and you know nothing about Law.

The correct answer is, it is not clear.

 

True, you cannot be charged for illegal possession of a long gun if you hold a NJFPID card. But your NJFPID card is not a “get out of jail free card” that allows you to walk around carrying an unloaded long gun, or store a long gun in your trunk for WTSHTF, or whatever.

 

Never forget that this is NJ.

Since you seem to be such a legal authority, please post your C.V. and the highlights of your legal career, with special attention to the firearms cases you have successfully argued in court.

[Dan 177]

or store a long gun in your trunk for WTSHTF, or whatever.

 

Why not? If it is unloaded, this is completely legal, and you aren't causing any drama by having it in public view... If a cop pulled you over for a moving vehicle violation, got a warrant to search your car, and found an unloaded long gun in the trunk.. provided you have a FPID... there aren't any weapons charges they can bring you up on.

 

If you go walking down main st., some town, NJ with a public viewable rifle... that gives LE cause to tack on other non-weapon charges as I mentioned in my prior post. Strangely enough, you have more protections with a NFID and long gun in your trunk, then say it being a sword. To have the sword, you have to demonstrate (to the court) , a "manifestly appropriate purpose" for having it at the time LE arrested you for weapons possession.

 

2C:39-5 c. d.Other weapons.� Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

[TheDon 3]

Since you seem to be such a legal authority, please post your C.V. and the highlights of your legal career, with special attention to the firearms cases you have successfully argued in court.

 

No legal degree. No legal experience. Just an ability to READ.

It just irks me when I see advice on this forum that could lead someone into an expensive legal pickle. Telling somone that exceptions under 2C:39-5 allow them to do something is being irresponsible with their money, their careers, and possibly even their liberty.

 

Rather than start bickering over this. I will make it really simple:

I will PayPal you $100 if you can cite a NJ permanent statute that permits possession of a firearm. I have read them many times and I guarantee that all you will find are exceptions. There are no permissions.

 

Unfortunately, an exception simply exempts someone from prosecution under one statute. It does not protect him from prosecution under another statute or in any way give him permission.

Edited May 7, 2012 by TheDon

[BlueLineFish 615]

Go walk down a crowded street with an unloaded visible long gun. Let me know how that works out regardless of the legalities.

[HarryLee 0]

Go walk down a crowded street with an unloaded visible long gun. Let me know how that works out regardless of the legalities.

Say, you don't want to alarm anyone. Would it make a legal difference if the unloaded long gun on your back was concealed or not?

[TheDon 3]

Why not? If it is unloaded, this is completely legal, and you aren't causing any drama by having it in public view... If a cop pulled you over for a moving vehicle violation, got a warrant to search your car, and found an unloaded long gun in the trunk.. provided you have a FPID... there aren't any weapons charges they can bring you up on.

 

If you go walking down main st., some town, NJ with a public viewable rifle... that gives LE cause to tack on other non-weapon charges as I mentioned in my prior post. Strangely enough, you have more protections with a NFID and long gun in your trunk, then say it being a sword. To have the sword, you have to demonstrate (to the court) , a "manifestly appropriate purpose" for having it at the time LE arrested you for weapons possession.

 

 

In my opinion, storing an unloaded rifle in the trunk of your car is not in violation of any of the subsections under 2C:39-5. You should be safe from prosecution under that stature. But the fact that it is not illegal under 2C:39-5 does not mean it is "completely legal" to do so.

 

i.e., You pick your kids up at school one day. You open your trunk to store your son's saxophone and the school crossing guard notices your gun case. The exception to 2C: 39-5 will not protect you from prosecution for being in possession of a firearm on school property. The same goes for any local ordinances that may restrict firearm possession.

Edited May 7, 2012 by TheDon

[TheDon 3]

Say, you don't want to alarm anyone. Would it make a legal difference if the unloaded long gun on your back was concealed or not?

You would probably be immune to prosecution under 2C:39-5. Are you subject to prosecution under any other weapons laws, violating special restricted areas like school and bank properties, or violating any local ordinances, etc., ? It is unclear. So, being responsible, and knowing NJ, I would say don't do it. Edited May 7, 2012 by TheDon

[Dan 177]

In my opinion, storing an unloaded rifle in the trunk of your car is not in violation of any of the subsections under 2C:39-5. You should be safe from prosecution under that stature. But the fact that it is not illegal under 2C:39-5 does not mean it is "completely legal" to do so.

 

i.e., You pick your kids up at school one day. You open your trunk to store your son's saxophone and the school crossing guard notices your gun case. The exception to 2C: 39-5 will not protect you from prosecution for being in possession of a firearm on school property. The same goes for any local ordinances that may restrict firearm possession.

 

Well OK, if you really want to nitpick... IMO that driving around on public roads (not on school grounds, etc) with a NJ legal long gun in your trunk (not a NJ defined AW) , not doing anything illegal (like robbing banks and stuff), that LE cannot charge you with unlawful possession of a weapon. Please show me otherwise.

 

NJ has many laws to follow when it comes to firearm possession... 2C:39-5 is not a statute with "exemptions" , it is the statute that defines what is illegal and is what you are charged with. 2C:39-6 is the statute that has possession exemptions, oh and it is titled "Exemptions". So, if it says it is illegal in 39-5, and there are no exemptions in 39-6 or other statutes that override 39-5, then you go to jail.

[quikz 34]

Only one prob. Old "FID" said 'carry' (long guns) the new "FID" omits that.

 

NJ only omits. No grandfathering either, like old 30rd mags and such, must destroy/surrender. Which directly violates protected Constitutional rights of unlawful seizure of property without equal compensation.

[Qel Hoth 33]

Only one prob. Old "FID" said 'carry' (long guns) the new "FID" omits that.

 

NJ only omits. No grandfathering either, like old 30rd mags and such, must destroy/surrender. Which directly violates protected Constitutional rights of unlawful seizure of property without equal compensation.

 

What the FID says on it means absolutely nothing. New Jersey Statute says you can't possess a long gun (outside of 39-6) without a FID. Logically therefore, with a FID you can possess a long gun outside of 39-6 exemptions.

[rdsmith3 19]

I've asked this before, but can't you legally carry an unloaded long gun (or at least a shot gun) with a valid hunting license, even if you do not have an FID?

[woodentoe 14]

I've asked this before, but can't you legally carry an unloaded long gun (or at least a shot gun) with a valid hunting license, even if you do not have an FID?

 

I believe it must be a long arm that is legal for hunting the lands and streams of NJ. Shotguns, muzzleloading rifles, and rimfire rifles only. not centerfire rifles as it is not legal to take any game in NJ with a centerfire rifle.

[Parker 213]

I believe it must be a long arm that is legal for hunting the lands and streams of NJ. Shotguns, muzzleloading rifles, and rimfire rifles only. not centerfire rifles as it is not legal to take any game in NJ with a centerfire rifle.

 

You can hunt woodchuck in New Jersey on private property with centerfire rifles. Check page 66 of the FGW Digest. The caveats:

 

"Hollow point, soft point or expanding lead core bullets of any weight not exceeding 100 grains in weight."

 

"The use of rifles is excluded from all State Parks, Forests, and Recreation Areas. "

[JrzyGuy30 0]

Go walk down a crowded street with an unloaded visible long gun. Let me know how that works out regardless of the legalities.

 

Lol.. The reaction = <-- this will lead to 'disorderly conduct charge' of some sort I'm sure..