Carrying Concealed Without a Permit-What Happens?

[BlueLineFish 615]

Whatever the case it is still sad that a lawful activity can land you in jail.

 

It's not lawful. Unfortunate but it's not. Most states it's unlawful without some sort of permit

[KpdPipes 388]

Possession of a weapon without a carry permit is a second degree crime. There is a presumption of jail with 1st and 2nd degree crimes in NJ. You don't get probation, you go to jail.

 

Whatever you say sport.....

[BlueLineFish 615]

 

Possession of a weapon without a carry permit is a second degree crime. There is a presumption of jail with 1st and 2nd degree crimes in NJ. You don't get probation, you go to jail.

 

Never presume anything with NJ law.

[Soju 153]

It's not lawful. Unfortunate but it's not. Most states it's unlawful without some sort of permit

 

That makes it illegal. It must be lawful or the state would not even be allowed to permit it. You canNOT permit an unlawful activity. Which is why I can't get a permit from the state to assault someone, or rape someone, or do any other unlawful activity.

[phoenix_iii 0]

... PA open carry is 100% legal without any kind of 'permit'. (Carrying in openly in Philadelphia requires a concealed carry permit. Yes lol).

[2 trip_nick 0]

 

 

If you own a shore house and you transport your unloaded handgun and a box of hollowpoints in your trunk from one residence to another, you are legally in possession of the handgun, by exception (2C:39-6e), and you are illegally in possession of the hollowpoints because only the exceptions in 2C:39-3g and 2C:39-6f apply to hollowpoints, which do not include travel between residences. That is one example of a normally lawful activity where, if you are in possession of hollowpoints, you are committing a crime.

 

If I understand you correctly, I could take my handgun to my shore home and then go buy some hollow points, transport them straight there from the store, and be perfectly legal.

[ChrisJM981 924]

2C:39-5 Unlawful possession of weapons.

 

2C:39-5. Unlawful possession of weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.

 

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 if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.

 

That's supposed to be 5-10 years and a fine up to $150,000. What I've seen in parole eligibility reports is that most people convicted of Unlawful Possession of Weapons get 3 or 5 years with 1 year M/M.

[ChrisJM981 924]

If I understand you correctly, I could take my handgun to my shore home and then go buy some hollow points, transport them straight there from the store, and be perfectly legal.

 

Correct.

[Parker 213]

... PA open carry is 100% legal without any kind of 'permit'. (Carrying in openly in Philadelphia requires a concealed carry permit. Yes lol).

 

I believe if you are handgun hunting in PA you need a Sportsman's Firearm Permit from the applicable county Treasurer's office. If you want to carry in a vehicle, or carry on person during the act of bow hunting or "spotlighting," you need an LCF.

[Underdog 1,593]

You're telling me that every skell they charge with possession goes away for 7-14. I refuse to believe it. Charges will be knocked down first offense....because you'd plea out.

 

I think it is something like 18 months for each hollow-point bullet, which is treated just like having a handgun. So, do the math and figure out a box of 50 9mms or say 550 bulk pack of .22LR. You would probably be a felon and not eligible to own firearms, and the ones that you have would most likely be confiscated.

[Midwest 28]

Confusing Laws

 

Some states it is possible to open carry without a permit and in some of those states it is possible to carry in your car without a permit. A few states view a vehicle as an extension as one's home but other states have limitations where one can carry in the vehicle without a permit. Crossing into a bordering state without being aware of the that state's firearm laws could mean the difference between a pleasant journey or a few years in the slammer depending on the jurisdiction one is heading into if one does not have a carry permit.

 

Mississippi allows for conceal carry in the car for those over 18 without a permit, however in Kentucky only some areas of the car are not considered concealed like the console or glove compartment. However in Tennessee a person needs a carry permit to carry anywhere concealed in the car. Having a carry permit when traveling through these states is the answer.

 

Then even having a carry permit, one must be aware of state laws to notify law enforcement if stopped, Ohio is one of these states. Having reciprocity does not exempt one from another states laws. Indiana residents can get a concealed carry permit at age 18, Kentucky you have to be 21. There was a question whether someone who is 18 with a permit from Indiana can carry concealed in Kentucky where the age is 21 and the answer was yes for Kentucky...but it was unclear if it was legal in another state with the same circumstances.

 

Then the 1000 feet around 'gun free school zones' is another issue, as it has been pointed out in other forums that while a carry permit will exempt you from the 1000 foot rule near a school zone...some have said it only applies to the state the where permit was issued and supposedly there is no reciprocity in that respect. So if you have an Indiana permit and drive into say Kentucky..the permit won't exempt you from the 1000 foot school zone rule in Kentucky but only in Indiana. The whole GFZ law needs to be thrown out completely.

 

Then those traveling in the Midwest have Illinois to contend with. Generally the consensus is if you are traveling through the state under FOPA and have the firearms secured according to Illinois laws, you will have no problem if you pass through the state as long as it is not in or near Cook county. Then all bets are off.

 

Then those 'no firearms signs' laws vary from state to state. Ohio has them and have the force of law, Kentucky does not. In many states, carrying a firearm into an establishment that serves alcohol is forbidden. Other states have the 51% rule, Texas defines it as the '30.6' rule. Some states allow for unloaded firearms where alcohol is served. Some states you are allowed to carry into a bank, others do not..or it may be up to the bank to post signs.

 

Then there are strange antiquated rules like where it was forbidden to carry concealed without a permit on your own property or even in your own house here in Kentucky. They finally changed that law this year. And we were the first state to have laws banning conceal carry going back to 1820 or so. We still have some 'dry' counties here, and alcohol is not allowed to be sold on election day while people are still voting all that supposedly goes back to when politicians used to buy drinks for voters who promised to vote for them.

 

None of this will matter if you only travel regularly between two states. But if you go through many different states amongst your travels in a vehicle, it is important to be aware of the firearms laws.

[woodentoe 14]

I think it is something like 18 months for each hollow-point bullet, which is treated just like having a handgun. So, do the math and figure out a box of 50 9mms or say 550 bulk pack of .22LR. You would probably be a felon and not eligible to own firearms, and the ones that you have would most likely be confiscated.

 

My point is that all of this throws out the idea that first offenders will often be offered a bargain plea to a lesser charge regardless of the crime. The only reason, I think, a person under the OP's circumstance (with an otherwise spotless record) would be convicted of the arrest charge is if they defiantly pleaded not guilty and refused a bargain plea.

 

So, yes. I can perform feats of mathematics. But that math is only executed when there is a CONVICTION and a SENTENCING.

 

Personally, I would never do what was suggested since I'm a bit of a boy scout and would never want to jeopardize my ownership, freedom, or economics.

[Ray Ray 3,566]

these posts are