Long gun laws

[O-gre 7]

What are the laws about driving around? Does it have to be in the trunk unloaded. Who else is in their house with their holster?

[lunker 274]

A NJ FID is effectively a travel permit for long guns. If you don't have one, you are subject to the same restrictions as hand guns.It must be unloaded.

[O-gre 7]

In trunk or in cab?

[Recon Racoon 49]

In trunk, or inaccessible in a locked case. Or thats how I've taken it.

[Barms 98]

So from all i've absorbed from this site i was pretty confident that long gun transportation was pretty much fair game if you had the FID and this from the FAQ on this site affirmed that:

 

Where Can You Transport

• If you have a FID card you can essentially transport a long gun at any time, there are no real restrictions on transportation.
  

 

the above was always used for the frequent question "can i stop to get food after hunting?" or "we were shooting our rifles and didnt go directly home after that.." Feedback from the community was always "long guns are okay to drive around with"..

 

So as i'm considering traveling in automobile with shotgun in the back (unloaded of course) as the Sh*t is totally hitting the fan right now with the gasoline situation.. I just now took out my Evan Nappen book copyright 2009 edition and on page 173 Transportation of Firearms: Automobile:

 

(2) How does a person legally transport a rifle or shotgun in New Jersey?

 

Answer.. It is unlawful to possess. rifle or shotgun "without first having obtained NJ FID..etc etc"... "Exemptions are hunting, place of business..etc etc.." "Furthermore, rifles and shotguns must be transported pursuant to subsection g. of NJS 2C:39-6" (bold added by me)

----------------------------

 

Now 2C39-6 subsection g is the EXACT SAME RULES FOR HANDGUNS. 1) unloaded 2) closed fastened case or package or trunk 3) the course of travel shall include only such deviations as are reasonably necessary..etc.. (bold added by me).

 

 

So is Nappen wrong? I was pretty sure the Board concensus is that long guns can be driven anywhere. Nappen sounds clear on this.

[vladtepes 1,060]

So from all i've absorbed from this site i was pretty confident that long gun transportation was pretty much fair game if you had the FID and this from the FAQ on this site affirmed that:

 

Where Can You Transport

• If you have a FID card you can essentially transport a long gun at any time, there are no real restrictions on transportation.
  

the above was always used for the frequent question "can i stop to get food after hunting?" or "we were shooting our rifles and didnt go directly home after that.." Feedback from the community was always "long guns are okay to drive around with"..

 

So as i'm considering traveling in automobile with shotgun in the back (unloaded of course) as the Sh*t is totally hitting the fan right now with the gasoline situation.. I just now took out my Evan Nappen book copyright 2009 edition and on page 173 Transportation of Firearms: Automobile:

 

(2) How does a person legally transport a rifle or shotgun in New Jersey?

 

Answer.. It is unlawful to possess. rifle or shotgun "without first having obtained NJ FID..etc etc"... "Exemptions are hunting, place of business..etc etc.." "Furthermore, rifles and shotguns must be transported pursuant to subsection g. of NJS 2C:39-6" (bold added by me)

----------------------------

 

Now 2C39-6 subsection g is the EXACT SAME RULES FOR HANDGUNS. 1) unloaded 2) closed fastened case or package or trunk 3) the course of travel shall include only such deviations as are reasonably necessary..etc.. (bold added by me).

 

 

So is Nappen wrong? I was pretty sure the Board concensus is that long guns can be driven anywhere. Nappen sounds clear on this.

 

 

 

for you to be found guilty of the law.. you have to break the law.. as it is written..

 

unlawful possession..

 

2C:39-5 Unlawful possession of weapons.

 

b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree...

 

 

possession of a handgun is illegal UNLESS the individual had a license to carry a handgun.. that is the qualification to NOT be guilty of unlawful possession

 

2C:39-5 Unlawful possession of weapons.

 

c. Rifles and shotguns.

 

(1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

 

(2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

 

the qualifier to be in lawful possession of a rifle/shotgun is to have a FID card.. that is the qualifier...

nothing more.. nothing less..

NJ gun law is essentially a collection of exemptions and qualifiers.. "this is all illegal UNLESS you do this or that"

[Barms 98]

ahhhhh Vlad.. the old hook and lateral.. mmmm.. i understand it..

 

so we had it right then.. handgun in trunk and don't deviate.. but long guns okay in any party of the car (unloaded) as long as with FID.

 

Sorry.. i know its been said a thousand times.. i just got crazy reading the Nappen book.

 

 

and follow up: i know this has been asked before.. "is loaded magazine" considered loaded? NO.

 

If i have a sling on the shotgun and it has shells on the sling.. is that loaded? I believe NO. (but that's pushing the issue i bet).

 

so 12 gauge with sling with shells in back seat under a towel.. there, that's the scenario.

[vladtepes 1,060]

and to take it a step further.. the ONLY part of the conditions of travel that would even apply are MAYBE (to cause a long gun to need to be unloaded)..

 

(3) A person transporting any firearm or knife while traveling:

 

 

but travel is vague...

I am not sure what part of the LAW says it has to be unloaded.. because the part that describes it here

 

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.

 

is discussing people who are transporting under specific exemptions.. I am not even sure if you have a FID card you even need to qualify as an exemption.. you can be in possession of a long gun with a FID card..

[vladtepes 1,060]

edited thanks to PK90.. has to be unloaded..

[Maksim 1,504]

Yeah, I would not be driving around with an unloaded rifle or shotgun on the back seat.... much like walking around with an unloaded AK. =P

[vladtepes 1,060]

EDIT thanks to PK90..

 

Has to be unloaded.. and this is why..

 

(2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

[halbautomatisch 60]

Also, as per the NJ fish and game regulations: all firearms (and bows/crossbows) must be cased or securely wrapped and tied or in the trunk while being transported in a motor vehicle.

[Parker 213]

Also, as per the NJ fish and game regulations: all firearms (and bows/crossbows) must be cased or securely wrapped and tied or in the trunk while being transported in a motor vehicle.

 

"Title 23 Fish and Game, Wild Birds and Animals - Improper transportation of firearm in motor vehicle" was implemented in 1990. It was somewhat lax before that.

 

"Carrying loaded firearms in vehicle for hunting purposes" to curtail jacklighting deer poachers and "road hunters" has been a statute for a long time, since 1971.

 

There is even a game code for taking migratory birds "Pursuing game birds in power boats or aircraft" with a firearm or missile, which is also prohibited. Better be stationary and not be under power, so get a good retriever.

 

And I can sleep better at nights knowing that the State banned "computer assisted remote hunting" in 2006.

[EchoMirage 137]

In trunk, or inaccessible in a locked case. Or thats how I've taken it.

 

does NOT have to be locked. only 'secured, tied, or fastened'

[Barms 98]

I think the main part of this thread was the issue of a distinction between DRIVING AROUND with a handgun vs a long gun (for self defense in the chaos). We all know you cannot randomly DRIVE AROUND with a handgun because of subsection "g". (reasonable to or from rule). But with long guns the concensus is if you have an FID you can drive anywhere you want with a long gun (unloaded of course) as long as its "secured, tied, fastened".

 

I think if its in the trunk and you get hijacked on the road its useless. But in its gun case, in the backseat (unloaded) i feel more comfortable. The million dollar question when you pull up to get gas and the NJSP is checking your license plate and then peers in the backseat and says "Now where are you doing with that?!?" then you better be damn sure you are quoting the law to him correctly. I highly doubt he's going to say "have a nice day".

[Blake 50]

I am glad this thread popped up bc I never knew we were legally allowed to have any gun in our car if we were not directly on our way to/from the range or from the gun store.

 

Here is my question, is this scenario legal?

 

I am driving somewhere other than directly to the range/gun shop

Have my FID on me

Rifle in trunk of car

Rifle is unloaded in a soft case

Mag pouches on outside of soft case have loaded mags in them

 

Thank you in advance for your input.

[EchoMirage 137]

you can have loaded mags sitting right next to the gun itself and per letter of the law its legal

[Handyman 5,682]

I always liked the "securely tied" clause. Wrap an old shoelace around that soft case and you are good to go.

[Blake 50]

I always liked the "securely tied" clause. Wrap an old shoelace around that soft case and you are good to go.

 

Wouldnt the soft case being in the trunk eliminate the need for it being secured?

 

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[Jon 264]

Wouldnt the soft case being in the trunk eliminate the need for it being secured?

 

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Yes.

[PK90 3,570]

Wouldnt the soft case being in the trunk eliminate the need for it being secured?

 

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No need for a case at all in the trunk.

[Blake 50]

Yes.

you can have loaded mags sitting right next to the gun itself and per letter of the law its legal

No need for a case at all in the trunk.

 

thanks for the replies guys.

 

so in short, my scenario should be perfectly legal as per the statutes on the books. good to know, even though i'm still not going to leave anything in the car lol.