Storing Handgun Legality

[sinter 4]

What are the ramifications if a handgun which is not kept locked in a safe is stolen and used in a crime. As an example, I have no children and never have children visiting and would like to keep handgun hidden in my bedroom. I don't want to keep it in my safe and I was just wondering what the ramifications would be if I wasn't home and the gun was stolen.

 

Could I get in trouble for improperly storing the handgun?

[Arbelest 29]

I dont see how you could becuase the only law regarding storage is that the firearm must have a locking device on it if minors are in the home. If their is something else that I am not aware of then I'm sure I will be corrected.

[halbautomatisch 60]

The only law in NJ that I'm aware of is that any LOADED firearm must be kept out of "easy access" of a minor. I believe anything else is legal.

[sinter 4]

So if there are no minors in the house, the handgun could be legally kept within easy access of an adult (i.e. me).

[brocglock23 4]

From my understanding guns only need to be kept safe from minors. As far as if it were stolen i believe you have to report it within 36 hrs to your local police. But why not just lock it in a safe when you aren't home and take it out when you are home?

[brocglock23 4]

2C:58-15. Minor's access to a loaded firearm; penalty, conditions

 

1. a. A person who knows or reasonably should know that a minor is likely to gain access to a loaded firearm at a premises under the person's control commits a disorderly persons offense if a minor gains access to the firearm, unless the person:

 

(1) Stores the firearm in a securely locked box or container;

 

(2) Stores the firearm in a location which a reasonable person would believe to be secure; or

 

(3) Secures the firearm with a trigger lock.

 

b. This section shall not apply:

 

(1) To activities authorized by section 14 of P.L.1979, c.179, (C.2C:58-6.1), concerning the lawful use of a firearm by a minor; or

 

(2) Under circumstances where a minor obtained a firearm as a result of an unlawful entry by any person.

 

c. As used in this act, "minor" means a person under the age of 16.

2C:58-19 Report of loss, theft of firearm within 36 hours; violations, penalties.

 

1. The legal owner of a firearm, upon discovering that the firearm is lost or stolen, shall report the loss or theft within 36 hours to the chief law enforcement officer of the municipality in which the loss or theft occurred or, if the municipality does not have a local police force, to the Superintendent of State Police. A person who violates the provisions of this section shall be liable to a civil penalty of not less than $500 for a first offense, and not less than $1,000 for any second or subsequent offense. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

[lunker 274]

Criminally you are fine. Who knows what a civil jury composed of the idiots in this state might come up with as a judgement against you though if a crime victim's family sued you..

[mcbethr 42]

IMHO, if you have a gun, you need a safe.

 

We are our own worst enemy sometimes...

 

At the least, keep it in the case it came in and wrap the cable lock around your bedpost. It may not stop a determined intruder, but it could stop a kid or opportunist. And anyway, I don't want to be out a $600 gun... then you are waiting at least 30 days for new permits.

[vladtepes 1,060]

IMHO, if you have a gun, you need a safe.

 

We are our own worst enemy sometimes...

 

 

 

while it is not your fault if someone steals your gun.. do us all a favor buy a decent safe and bolt it down...

 

when you are home? sure leave it within reach fully loaded.. I always did... I keep all of my guns in the safe except my carry gun.. the thought of some scumbag stealing my guns and using them to hurt someone else is unbearable..

[BD104X 1]

I also don't like the idea of my gun locked in a safe if I need it or sitting in a drawer when I'm not home. I bought a paddle holster and screwed it to the underside of my night table next to my bed ( my bedroom furniture happens to have legs so the bottom is like a foot off the ground). If I need it, it's very quickly accessible, but someone breaking in would be unlikely to find it unless they really ransacked the place and happen to turn the table completely over. It's not a foolproof solution, but I feel it's a pretty good compromise.

[vladtepes 1,060]

I also don't like the idea of my gun locked in a safe if I need it or sitting in a drawer when I'm not home. I bought a paddle holster and screwed it to the underside of my night table next to my bed ( my bedroom furniture happens to have legs so the bottom is like a foot off the ground). If I need it, it's very quickly accessible, but someone breaking in would be unlikely to find it unless they really ransacked the place and happen to turn the table completely over. It's not a foolproof solution, but I feel it's a pretty good compromise.

 

why do you not want your gun locked in a safe when you are not home.... I dont understand that at all.. you are not home..

[woodentoe 14]

 

why do you not want your gun locked in a safe when you are not home.... I dont understand that at all.. you are not home..

 

I thought the same but I figure he means two different things. He doesn't want it in a safe when he needs it. He also doesn't want it sitting in a drawer when he's not home. *shrug*

[BD104X 1]

I'm not putting my HD gun in the safe every time I leave and then taking it out every time I come home. I have all of my other guns in a safe, but its not conveniently located and my mounting options are limited. Also, my girlfriend shoots and knows how to use it, so I like it accessible when I'm not there. I rent, so installing a discreet biometric near my bed isn't an option (I'm buying a house and intend to do this once I'm moved in). I'm not really trying to stir up a debate - I'm just offering up my solution to help, since the OP seems to be like me, he's not comfortable leaving it in the first place a burglar would look, but also not comfortable locking it up (whatever his personal reasons are).

[mipafox 438]

Coming home is actually a more dangerous time than being home if you are specifically selected for a robbery or other crime. Since you don't carry, I see nothing wrong with keeping a firearm in a place that is quick access but also a place that a crackhead probably wouldn't look if he broke in during the day. If it gets stolen, Boo Hoo. It's a gun. Criminals have guns. Everybody has guns. This is not the military where they are "sensitive items." I think it is appropriate to keep most firearms locked up. I think if you feel you have to take a small risk of having a firearm stolen during a burglary in order to have the firearm conveniently available to defend yourself then so be it. You have the firearm for your ass, not as an obligation to everybody else in the world.

[halbautomatisch 60]

Coming home is actually a more dangerous time than being home if you are specifically selected for a robbery or other crime. Since you don't carry, I see nothing wrong with keeping a firearm in a place that is quick access but also a place that a crackhead probably wouldn't look if he broke in during the day. If it gets stolen, Boo Hoo. It's a gun. Criminals have guns. Everybody has guns. This is not the military where they are "sensitive items." I think it is appropriate to keep most firearms locked up. I think if you feel you have to take a small risk of having a firearm stolen during a burglary in order to have the firearm conveniently available to defend yourself then so be it. You have the firearm for your ass, not as an obligation to everybody else in the world.

Amazingly , I would have to say I agree with you on this. Your safety is more important than the risk of a gun beng stolen from you. Whatever can be locked up, should be, otherwise hide them in the most accessible least likely to be discovered spot you can find.

[bulpup 98]

Some very valid ponts. But I would like to add that most firearms stolen in burglaries are taken unlocked from the master bedroom. So if I were in the same boat (renter) and I didn't want to lock up every day I would at least want to put that handgun in a discrete location that was NOT the first place a burglar looks if they are looking for a gun.

 

I too have a pistol stashed under an end table with legs but not in the bedroom, although I do have it in a small gun safe there. This would be my go to should I come home to something in progress. I'd hate to come home to a burglar with my own pistol in his hand.

 

 

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[45Doll 5,881]

Slightly off topic, but related. I was discussing this with my LGS a while ago (before this post), and they reported from direct customer experience that burglars (in the Sussex County area) were deliberately NOT stealing firearms when they could have. Ostensibly because they didn't want to risk the automatic bump in prison time if caught. Gold, jewelry, money = (sort of) slap on the wrist. Firearms = state prison.

 

They had more than one case of customers with firearms clearly visible in their homes that were not taken during a burglary. Has anyone else heard this?

[kman 56]

Get one of those compact safes that snap open with the four finger grooves and four buttons and bolt it to a table and bolt the table to a wall. Those things open near instantly without even having to look at it and keep it secure so only you and your trusted family members can open and use it. Then you dont have any reason to worry when you are away from the house.

 

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[vladtepes 1,060]

if your gun is hidden in the bedroom under a dresser in some odd location.. how do you expect to get past these "home intruders" to retrieve your gun? I never lock up my carry gun... but that is because I CARRY the gun.. when I walk in the door im already armed.. if you hit an intruder in the hallway.. and the front door is behind you.. and your gun is past the intruder in a bedroom hidden.. you should make it for the door.. the chances of you retrieving your weapon without confrontation is slim to none.. I can not imagine a home defense situation where you could magically retrieve the gun when walking into a crime in progress..

[Duppie 73]

Slightly off topic, but related. I was discussing this with my LGS a while ago (before this post), and they reported from direct customer experience that burglars (in the Sussex County area) were deliberately NOT stealing firearms when they could have. Ostensibly because they didn't want to risk the automatic bump in prison time if caught. Gold, jewelry, money = (sort of) slap on the wrist. Firearms = state prison.

 

They had more than one case of customers with firearms clearly visible in their homes that were not taken during a burglary. Has anyone else heard this?

Not to be a pain but I personally doubt the average B&E criminal would pass up an item worth as much as a handgun on the streets.. Perhaps our LEO members can shed some light on your question.

[Duppie 73]

if your gun is hidden in the bedroom under a dresser in some odd location.. how do you expect to get past these "home intruders" to retrieve your gun? I never lock up my carry gun... but that is because I CARRY the gun.. when I walk in the door im already armed.. if you hit an intruder in the hallway.. and the front door is behind you.. and your gun is past the intruder in a bedroom hidden.. you should make it for the door.. the chances of you retrieving your weapon without confrontation is slim to none.. I can not imagine a home defense situation where you could magically retrieve the gun when walking into a crime in progress..

While I personally draw the line at actually carrying at home{already discussed to death} I do have one of my firearms within arm's reach from the front door.Cocked, locked and hidden {magnets from Harbor Freight} An "intruder caught in the act" or "main access intruder" scenario is at the very least addressed.

With my local PD and Attorney on speed dial....Hopefully never to be utilized.

[mipafox 438]

if your gun is hidden in the bedroom under a dresser in some odd location.. how do you expect to get past these "home intruders" to retrieve your gun? I never lock up my carry gun... but that is because I CARRY the gun.. when I walk in the door im already armed.. if you hit an intruder in the hallway.. and the front door is behind you.. and your gun is past the intruder in a bedroom hidden.. you should make it for the door.. the chances of you retrieving your weapon without confrontation is slim to none.. I can not imagine a home defense situation where you could magically retrieve the gun when walking into a crime in progress..

 

Although most people on this forum are cops, and can therefore defend themselves and their families, it seems the OP cannot. So that advice doesn't really help when you consider his limitations.

 

I can think of many situations where it could help. First, perhaps you are approached when you enter your home. Second, even if you are confronted and detained, you make make a decision to go for the gun. How many times have we read stories about people that asked to go to the bathroom during a robbery and were allowed to as long as they left the door open? And then grabbed a gun and shot the living shit out of the robbers.

 

Finally, it doesn't have to be hidden in a bedroom under a dresser. How about in a dishrack under a dishtowel in the kitchen next to the door to the garage? Or on top of the refrigerator? A crackhead will not ramshackle that and he will also not use that space to put something on that he is trying to ramshackle.

 

Rule of thumb - If your parents stayed with you for a weekend, and your mother wouldn't find it all weekend, a crackhead will. If your mother would find if before dinner time, a crackhead won't.

[ianargent 7]

FWIW - one of the laws struck down in Heller was a safe storage requirement; DC required firearms to be stored in a locked safe or disassembled, and SCOTUS directly struck that down on both parts. Whether the NJ law is distinguishable, I couldn't say, not being a lawyer.

 

(I do, however, secure my firearms from casual access)

[phoenix_iii 0]

A lot of these 'the guy is already in the house' could be mitigated by an intrusion detection system.

 

Not only is a well implemented alarm system most likely going to be of benefit to you than your next firearm purchase, it works while you are asleep, meaning no surprise in the middle of the night without ample warning. DIY or 'Professionally' installed, there are options. And dogs are fallible as alarms, whatever your comfort level is, that's up to you.

 

What I love about alarms today is they have two way key fobs, so it is very easy to arm and disarm. Also, I can do the same from my phone, + look at cameras, etc, which are all recorded and secure. =)