Jump to content
Sign in to follow this  
BeachBum

Empty Mag

Recommended Posts

mag has to be in a separate bag right?

 

If the magazine isn't loaded what would it matter? Law says you can't transport a loaded firearm, empty magazine in the firearm doesn't make it loaded.

Share this post


Link to post
Share on other sites

http://njgunforums.c...j-gun-law-faqs/

  • Unloaded: The firearm must be unloaded, as in there must be no ammunition in the gun. NJ defines the word firearm meaning the actual gun, under current law transportation of a loaded magazine would not be considered a loaded gun
  • Cased/Wrapped: If the vehicle has a defined trunk separate from the passenger compartment, the firearms are to put in the trunk. If no trunk is present (as in a SUV) the firearm must be in a fastened case/wrapped/etc.
  • Destination: It is important to recognize that NJ dictates that your course of travel while transporting firearms should be as direct as is reasonably possible.

Not loaded... no problem

 

Mags can be ducked taped to the rifle if you wanted as long as they are not in the mag well.

Share this post


Link to post
Share on other sites

 

 

If the magazine isn't loaded what would it matter? Law says you can't transport a loaded firearm, empty magazine in the firearm doesn't make it loaded.

 

Cool, glad to learn something everyday. I keep the mags in the range bag anyways.

Share this post


Link to post
Share on other sites

I still don't understand it clearly. I know what it reads but I'm told that the magazine has to be empty and if not it is considered a fourth degree offense if caught?????

 

What is confusing you? You are told the magazine has to be empty by whom? Don't take legal advice from your local gun shop employee.

Share this post


Link to post
Share on other sites

Nothing states anywhere in NJ that a magazine has to be empty. NJ states no loaded firearms for transportation. Your clarity will be cleared up when you forget who ever told u other wise. Do what makes you feel comfortable, i transport most of my mags full in my ammo bag. If i take a rifle out i usually throw the empty mags in the case with the rifle.. to save space. I wouldn't transport loaded mags directly with the firearm, but that's just me.

Share this post


Link to post
Share on other sites

I actually had one idiot gun store clerk tell me that if a loaded mag is within a reachable distance from a firearm, the firearm is considered to be loaded. Total BS.

 

The law is really quite simple. Three rules (assuming you have a NJFPID):

1. Any empty mag is good to go <any preposition> any firearm. <in, on, near, under, above, around...>

2. A loaded rifle mag is good to go anywhere other than *in* the rifle.

3. A loaded pistol mag cannot be in the same case as the pistol (because handguns and ammo must be transported separately unless you have a NJ CCW).

 

Some believe that a persecutor could construe a rifle to be “loaded” if a loaded mag is in the same case as, or near an uncased rifle. This is predicated upon an assertion that the magazine is a part of the rifle and the magazine is loaded, therefore the rifle is loaded. You know, I am not going to say that I they are wrong. I am sure some Liberal Judge might allow that argument to be presented in court. And, I would not trust a NJ jury not to suck it up like sheeple at the trough. However, the is no black-letter law to support that position.

 

All that said, here is what I do:

I generally load up my mags prior to going to the range. I want to spend my range time shooting, not loading mags. I transport my loaded mags and my additional ammo in a large toolbox that I use as an ammo box. I choose to lock that toolbox with a key lock so there is no ambiguity about my intentions should I ever have an encounter with an anti-gun LEO. That is my choice, and I would never tell someone that they are required to do so.

Share this post


Link to post
Share on other sites

Link to the law or quote of the law supporting this please?

 

I am either losing my mind or someone has edited the NJSP website since I last looked this up (albeit has been a while).

I would have sworn that this page http://www.njsp.org/about/fire_trans.html used to clearly state that the ammo needed to be in a separate container. Now it does not. If it was changed, it is good to see that the Superintendent is following the letter of 2C:39-6 g.

 

I stand corrected.

There are only TWO rules:

1. Any empty mag is good to go <any preposition> any firearm. <in, on, near, under, above, around...>

2. A loaded rifle mag is good to go anywhere other than *in* the rifle firearm.

3. A loaded pistol mag cannot be in the same case as the pistol (because handguns and ammo must be transported separately unless you have a NJ CCW).

 

Good catch djg0770. Thanks for making me look it up.

Sorry for the inadvertant bad information.

Share this post


Link to post
Share on other sites

But if you read their FAQ section, http://www.njsp.org/faq.html#firearms, question 6 states it has to be in a separate container.

 

Q6.

How do you transport firearms?

A6.

Firearms 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.

Ammunition must be transported in a separate container and locked in the trunk of the automobile in which it is being transported.If the vehicle does not have a compartment separate from the passenger compartment, the firearm must be in a locked container other than the vehicle's glove compartment or console.

Share this post


Link to post
Share on other sites

But if you read their FAQ section, http://www.njsp.org/faq.html#firearms, question 6 states it has to be in a separate container.

 

I believe that this is for interstate travel - the federal transportation guidelines -- within NJ the firearm can be in an unlocked case on your back seat if you so choose.

Share this post


Link to post
Share on other sites

But if you read the actual statute you will see no such requirement.

 

I know this. I was just pointing out that their website gives conflicting information. If a person were to just read the FAQ section and not research the actual statute that is the info they would get, and since it is from the NJSP website they would think it was the law.

Share this post


Link to post
Share on other sites

Good catch djg0770. Thanks for making me look it up.

Sorry for the inadvertant bad information.

 

I appreciate you taking the time to look it up and educating yourself (and hopefully others in the process as well). I confess that I knew what you would find but I was trying NOT to start an argument or be a dick.

Share this post


Link to post
Share on other sites

http://njgunforums.c...j-gun-law-faqs/

  • Destination: It is important to recognize that NJ dictates that your course of travel while transporting firearms should be as direct as is reasonably possible.

 

I believe this only applies to handguns. You can stop wherever you want with a long gun as long as you have a nj fid.

Share this post


Link to post
Share on other sites

But if you read the actual statute you will see no such requirement.

 

Even if you take it literally as required despite the law, it doesn't say that your magazines have to be unloaded. It just says the gun must be unloaded, and separate form the ammo, and that the ammo should be inaccessible form the passenger compartment.

 

loaded mags in one bag, gun in another bag, both in trunk.. everything should be fine even by that interpretation.

Share this post


Link to post
Share on other sites
loaded mags in one bag, gun in another bag, both in trunk.. everything should be fine even by that interpretation.

 

I think that applies to separate sections of the same bag, right? Say, a Range bag? Mags in outside pocket of range bag, gun (in a zipped up "bag") in the main section of the range bag. Range bag in trunk.

Share this post


Link to post
Share on other sites

It's that NJ-Firearm-FUD (Fear, Uncertainty, and Disinformation): "If it's got to do with guns, it's got to be illegal and there can only be a narrow convoluted pathway for legality."

I was like that for years and still revert every now and then.

Things were so much simpler when I lived in America. You just tossed your guns, loaded mags, and ammo in the back seat and went to the range.

Share this post


Link to post
Share on other sites
Good GOD. You people are worse than engineers. If I have a belt and suspenders, do I really need the rope in my pocket?

 

This made my day! I met some engineers that took apart a new fuel pump that they couldnt get to work. They worked on it for about a week but still couldnt fix it broke it down to the smallest parts and nothing. So they got a new pump and having same issue were puzzeled. Another guy came up said I think you have the pump in backwards and we have a winner! they had it flowing back towrd the fuel tank instead of to the motor. Sometimes you have to Keep it Simple

 

I know a little off topic but still funny.

 

On topic: I'm glad to see this topic cause I, like TheDon thought rifle and pistol were different when it came to travel glad to see I was wrong

 

2. A loaded rifle mag is good to go anywhere other than *in* the rifle firearm.

3. A loaded pistol mag cannot be in the same case as the pistol (because handguns and ammo must be transported separately unless you have a NJ CCW).

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.



  • olight.jpg

    Use Promo Code "NJGF10" for 10% Off Regular Items

  • Supporting Vendors

  • Latest Topics

  • Posts

    • So, as I interpret things, you get a hit on #1. It says nothing about feeding from said magazine, just that the magazine attaches to the pistol outside of the pistol grip. And it is attached. Was this what was considered when it was written? 100% no. However, this is NJ and I don't think they would give you an inch when as written it covers it in plain english.  #2 would be a hard yes if you put a threaded barrel on your setup, so I'd not do that.  #3... well it's not a shroud, but it does allow you to hold the firearm with the nontrigger hand without being burned. Shroud is ill defined, and it could be argued to partially enshroud the barrel from the bottom. I would bet cash money that the AG would gladly say that second part there is to clarify the intent of the law and that since you can do that, you violated the stated intent of the law. 
    • I don't know why we ( NJ gun organizations ) have not yet filed a lawsuit on "duty to inform"  A clear violation of the constitution 5th and probably 4th.  Maybe this guys lawyer will and get that charge dropped.  what other right do you need to inform a law enforcement officer of.    are you required to identify as a republican or democrat during an encounter, and by the way,  what constitutes an encounter.  voluntary? involuntary?   time to get this one knocked down. come on ANJRPC stop waiting for court decisions and go on the attack.
    • Right, each location will have a different set of Repeater frequencies you can use in your area.  You could also just have 2 sets of CHIRP files ready to go and make sure you have the ability to program them quickly in a SHTF situation.  Maybe dedicate at least one radio for each location with specific programming, and then when you get there you can re-program the radios you take with you with the programming specific to that location.   More expensive radios have the ability to program them via your phone app and BT connection.  
×
×
  • Create New...