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bringing handgun to new house, havent moved yet.

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just bought a new house and havent moved in yet. i am currently residing in one town (FID/DL address) and travel to the new house to do some remodeling, etc before I move in. can I bring my handgun with me? how about leaving it there? since the house was vacant for a while & still looks vacant, I dont want any surprises when I enter. any thougths?

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This is just my take from reading the NJ Gun laws numerous times but if you own both properties you should be able to carry on both. As far as transporting a handgun would have to be locked and ammo seperate. I'm sure someone else will jump in and possibly agree or disagree. I believe you can transport a long gun a little more freely. I don't think it can hurt to talk to your new local PD.

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I disagree with the idea of talking to your local PD. There seems to be as much misinformation about our arcane gun laws among the police as there is from gun store employees. You own a home. They law says you can travel with a handgun to your home. The law says you can carry in your home. If you are worried, print out the law and highlight the relevant portions to assist the officer who is not a gun afficionado.

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Personally, I would be careful in this F'd up state if your FID card and license have a different address. Of course, you could say that you are going to work fixing up the place and you are the owner, as you are allowed to bring your firearm to work if you are the owner.

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As far as transporting a handgun would have to be locked and ammo seperate. I'm sure someone else will jump in and possibly agree or disagree.

Does not need to be locked--I never lock mine unless I have them in the trunk:

 

2C:39-6

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.

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So few posts, so much misinformation.

 

The address on your FPID is irrelevant. In fact, whether you even have an FPID or not is irrelevant. An FPID has no correlation to the legality of you being able to possess a pistol at either location.

 

Do you own this new house/property? If yes, then you can keep and carry your pistol there. Do you either own your old house/property, or still reside there? If yes, then you can keep and carry your pistol there as well.

 

Since both locations are exempted locations, you can also transport between the two at your leisure. You just have to follow the transportation laws, as mentioned above (and quoted again below). This idea that it has to be locked, or that ammo has to be separate, is made up, unfounded, and not substantiated in the code.

 

2C:39-6

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 far as transporting a handgun would have to be locked and ammo seperate. I'm sure someone else will jump in and possibly agree or disagree.

Well you called it. If you didn't make something up nobody would have to "jump in and disagree".

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I think the confusion comes in part from the NJSP guidelines, which state that:

 

"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." http://www.njsp.org/about/fire_trans.html

 

as always, IANAL, but I do not see any reasonable interpretation of the law that would support this. That being said, since this is on the NJSP website, you might run into problems with misinformed troopers.

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I jumped the gun on this b/c I drive a pick up and I was informed before that it had to be locked and seperate from the ammo. I should have stated that from beginning. I carry my firearms locked and the ammo locked in a seperate container. That is my method and not the law. I apologize for bad information. was not my intention what so ever.

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Although possession of the HG at your new property is OK, the transportation of it from your current legal residence/house and the new place might be a slippery slope. The law stipulates "while moving". If you feel you are within the definition of "while moving" when transporting your HG between houses, then you will be OK. If the justice system can prove that you were not in fact "moving" at the time of your transportation of the HG, it can get ugly for you.

 

Some folks feel FOPA also counts within states. If you subscribe to that, you could argue that you were legal at your starting point (Original home A), and legal at your ending point (new home B and property that you also own), then that could potentially be used as a defense. You would be the first that I know of employing FOPA in this manner since AFAIK there isn't any case law around its usage in situations like this.

 

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.

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Although possession of the HG at your new property is OK, the transportation of it from your current legal residence/house and the new place might be a slippery slope. The law stipulates "while moving". If you feel you are within the definition of "while moving" when transporting your HG between houses, then you will be OK. If the justice system can prove that you were not in fact "moving" at the time of your transportation of the HG, it can get ugly for you.

 

There is no slippery slope.. In fact, that particular part of the code you mentioned (about moving) from the quote would only even need to apply when he no longer holds ties to his older property (ie. his lease is up/no longer owns it). If he is still residing there, it is still his residence. He stated he bought a new house, so that is "premises or other land owned or possessed". He can transport between the two however many times he wants.

 

Some folks feel FOPA also counts within states. If you subscribe to that, you could argue that you were legal at your starting point (Original home A), and legal at your ending point (new home B and property that you also own), then that could potentially be used as a defense. You would be the first that I know of employing FOPA in this manner since AFAIK there isn't any case law around its usage in situations like this.

 

Assuming both homes are in NJ, FOPA does NOT apply. It is for INTERSTATE transportation. INTERSTATE is different from INTRASTATE travel. Which this would be. There of course is no case law about this because it doesn't apply!

 

Please people, read the codes of what you are talking about first!

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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

 

The part that reads premises or other land owned or possessed by him. His current property and his other current property. Both are owned by him so I don't see why he can't carry on both.

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Actually ONE house is owned by me, the one I just bought. My other residence is where I live now (my parents M/D house). I have my own seperate apt there. These NJ laws are sooo f*cked up, its irritating. I should have moved to TX!

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I really don't get the entire premise of this BS worry-wart stuff.

 

If you bought the house, it's yours. It's yours while you plaster the walls to the day you get laid-out in the Parlor.

 

As long as you don't tell your Parents you're thinking about suicide while transporting a hand gun in your trunk (while moving Aitken-style), chances are nobody will care.

 

If you're that $hit-scared of getting locked-up, just buy a 12 ga. pump and leave it in the trunk. Carry the cased long gun in and out with you when you arrive. If you need to load it, have some buckshot in your pockets. Do your remoldeling, case it up and go back to Mommy and Daddy's.

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There is no slippery slope.. In fact, that particular part of the code you mentioned (about moving) from the quote would only even need to apply when he no longer holds ties to his older property (ie. his lease is up/no longer owns it). If he is still residing there, it is still his residence. He stated he bought a new house, so that is "premises or other land owned or possessed". He can transport between the two however many times he wants.

 

 

 

Assuming both homes are in NJ, FOPA does NOT apply. It is for INTERSTATE transportation. INTERSTATE is different from INTRASTATE travel. Which this would be. There of course is no case law about this because it doesn't apply!

 

Please people, read the codes of what you are talking about first!

 

I believe FOPA is for interstate travel myself. I'm just giving research points as I have heard other interpretations people have that it affects travel any place to any place provided you are legal at the destinations in both.

 

Also, please show me the "code" that says you can transport a HG directly between two homes that you own. No matter what you have to be in the process of "moving" when doing it according to what I can find. This has been discussed before on the forums, when someone said to really follow the law to the T with HG transportation, you could go from home #1 to the shooting range, then leave the shooting range and transport it to home #2. If not, you would have to prove that you were "moving", whatever the definition of that they want to abide by who knows....

 

I'll repost the statute that gives anyone permission to transport a HG outside of going to and from a place of target shooting or hunting. You have to separate "keeping or carrying about" at specific locations from "carrying the same" between locations in the exemptions. They are two specific activities.

 

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.

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I'm not aware of anybody claiming FOPA in the manner you described. Maybe you are mixing it up with that it applies to any place from one state, to anyplace in ANOTHER state? Either way, I digress. FOPA is not applicable.

 

As you stated, who knows what the definition of moving is. Also, who really knows whether or not common sense will be applied, or if the law will even be followed to begin with. But I suppose you are right. If that is all inclusive, then even though it says that "nothing shall be construed to prevent a person keeping or carrying about his premises or other land possessed by him part", how would you ever be able to do so if you can never transport it there? It gives no example to where you could ever transport a firearm to your "premises or other land possessed". None. It is also inconsistent on its terminology. In one part, it says dwelling. In the next, it says residence. Again though, it says dwelling. Odd.

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Now this is just me being curious on peoples thoughts but the way i'm reading it is... I own my house, Say I buy 80 acres of land not directly attached to my current residence. I now own 2 different properties.... What in the law says I can only carry at my house and not on my beautiful and made up 80 acres of land???

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Nothing. But that really isn't the issue in NJ. The issue is that when it comes to firearms, unless you can find where it says you CAN do that, it is treated as illegal. It is unfortunate that we even have to have these discussions. Unfortunately, unlike pretty much every other state, where they outline where possession, etc, is illegal, here only outline where it is legal, and everything else, by default, is illegal. Ass backwards if you ask me.

 

I'd have to look up the other statute that deals with target shooting, but I think it may allow it specifically in there. Now I'm not sure anybody with any common sense would say you couldn't, but as I said before, who knows if those in a position of authority will exercise or use it or not.

 

In short, NJ laws are jacked up. Exercise judgment, don't do anything you are positive is specifically illegal, and don't do anything to bring specific attention that may lead to unwanted attention. I am certain it is lawful, but I have little faith that if something were to arise, that that means much.

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Now this is just me being curious on peoples thoughts but the way i'm reading it is... I own my house, Say I buy 80 acres of land not directly attached to my current residence. I now own 2 different properties.... What in the law says I can only carry at my house and not on my beautiful and made up 80 acres of land???

 

You can posses and carry your HG at any properties you own, loaded, holstered, in your hand, on a pancake, etc..

 

The issue comes down to transporting the HG between those properties that you own. When you walk off your property, possession of a HG is illegal unless you follow the travel/transportation exemptions. There are no exemptions for transporting a HG between your two owned properties unless "while moving".

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You can posses and carry your HG at any properties you own, loaded, holstered, in your hand, on a pancake, etc..

 

The issue comes down to transporting the HG between those properties that you own. When you walk off your property, possession of a HG is illegal unless you follow the travel/transportation exemptions. There are no exemptions for transporting a HG between your two owned properties unless "while moving".

They really do not define "moving," so maybe you are okay as long as you are in motion while transporting ???

Maybe you need to drive from house #1 to the range, then drive to house #2 to ensure you are NJ compliant.

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They really do not define "moving," so maybe you are okay as long as you are in motion while transporting ???

Maybe you need to drive from house #1 to the range, then drive to house #2 to ensure you are NJ compliant.

 

If you think you can prove that in court, go for it!

 

And yes, the technically correct way would be to go to a range or place of repair , before going to your other property. That is clearly permitted in the HG travel exemptions.

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First comment was meant facetiously--I do not want to be the guy who sets case law. But the point is--as many other have already stated--the laws of NJ should not be so obtuse that the average citizen has trouble divining the maning or distinguishing the intent. It should not be difficult to figure out. Common sense dictates that if one can posess (legally) in any two places, there ought to be a legal way to get handguns (or hollowpoints) between those two places without having to go through some twisted route. I can't imagine that would be too difficult to put into the law.

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