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Blake

Loaded mags in car...illegal?

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Hi all,

 

I was somewhere this evening where a gentleman stated that having a loaded mag in your car was illegal, no matter whether there was a gun in the car or not. His position was that mags must always be unloaded while being transported and then loaded at the range.

 

Generally when I go to the range I put my firearms in the trunk, and my ammo and (loaded) mags in locked ammo cans which then go in the back seat of the car.

 

Have I been doing this wrong?

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Gentlemen. please read the breakdown on NJ Firearms laws on the lower right corner of the main Forum page. It will explain in plain language the do's and dont's. Loaded mags as long as they are of NJ legal capacity and transported properly are perfectly legal.

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Gentlemen. please read the breakdown on NJ Firearms laws on the lower right corner of the main Forum page. It will explain in plain language the do's and dont's. Loaded mags as long as they are of NJ legal capacity and transported properly are perfectly legal.

 

This was always my understanding, I just wanted to clarify.

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Gentlemen. please read the breakdown on NJ Firearms laws on the lower right corner of the main Forum page. It will explain in plain language the do's and dont's. Loaded mags as long as they are of NJ legal capacity and transported properly are perfectly legal.

Or do a forum search for "loaded magazines" >>>> Covered again just recently

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As others above stated, traveling with loaded mags is legal, as long as they are not in a firearm.

 

HOWEVER - some (like Evan Nappen) advise traveling with mags unloaded in case you run afoul of a "confused" LEO as it *may* give you more latitude to avoid a charge (even though the charge would likely be defeated in court).

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Loaded with hollow points = problem, but not because they are loaded, just the presence of HP is enough.

 

Transport of loaded mags = perfectly legal.

 

Sent from my Galaxy Nexus using Tapatalk 2

 

Assuming they aren't going to/from range, place of purchase, etc.

 

Also, why can't people read the sticky here, do a search, or read the statute themselves? This question is probably answered once a week..

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Assuming they aren't going to/from range, place of purchase, etc.

 

Also, why can't people read the sticky here, do a search, or read the statute themselves? This question is probably answered once a week..

 

+1 on the hollow point to/from range exemption.

 

Zip it new guy. :p Yeah it's covered often, but it shows how much misinformation is out there. There is always a know-it-all with his magic ball of wisdom.

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Question: I drive a pick up so since I don't have a trunk, I keep my gun well hidden and locked in a case, out of my reach and my ammo (not in the mags) out of my reach as well and locked and far from the gun case....I can still keep the mags loaded??

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As others above stated, traveling with loaded mags is legal, as long as they are not in a firearm.

 

HOWEVER - some (like Evan Nappen) advise traveling with mags unloaded in case you run afoul of a "confused" LEO as it *may* give you more latitude to avoid a charge (even though the charge would likely be defeated in court).

 

I do know that it is legal BUT I am one of those "some". But only due to the unfortunate fact that there are way too many "confused" LEO's.

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Question: I drive a pick up so since I don't have a trunk, I keep my gun well hidden and locked in a case, out of my reach and my ammo (not in the mags) out of my reach as well and locked and far from the gun case....I can still keep the mags loaded??

I drive either am estate wagon or SUV and since there is "access" is considered the same as a pick up. I transport my guns "secured in a gun case and my loaded mags and gear in a range bag. I also got the opinion of a state trooper on this method of transport and he said it was perfectly legal.

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Nope, sorry,et eh, ain't happening. You have to dump your suvs and trucks and by something with a trunk... ;) new law assembly is writing as we speak.

 

I drive either am estate wagon or SUV and since there is "access" is considered the same as a pick up. I transport my guns "secured in a gun case and my loaded mags and gear in a range bag. I also got the opinion of a state trooper on this method of transport and he said it was perfectly legal.

 

 

Sent from John's iPad 2 via Tapatalk HD

Typos courtesy Apple...

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Nope, sorry,et eh, ain't happening. You have to dump your suvs and trucks and by something with a trunk... ;) new law assembly is writing as we speak.

 

 

 

 

Sent from John's iPad 2 via Tapatalk HD

Typos courtesy Apple...

 

I-See-What-You-Did-There..png

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Nope, sorry,et eh, ain't happening. You have to dump your suvs and trucks and by something with a trunk... ;) new law assembly is writing as we speak.

 

 

 

 

Sent from John's iPad 2 via Tapatalk HD

Typos courtesy Apple...

Had my eye on an original 1972 Mini Cooper 1350.... but I won't be able to fit more than 1 gun at a time in the booth :fie:

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I will be riding my motorcycle with my pistols this year (range, competitions, etc). I have locking hard saddlebags. Should be good enough.

 

Used to carry my stuff in a tank bag.

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As others above stated, traveling with loaded mags is legal, as long as they are not in a firearm.

 

HOWEVER - some (like Evan Nappen) advise traveling with mags unloaded in case you run afoul of a "confused" LEO as it *may* give you more latitude to avoid a charge (even though the charge would likely be defeated in court).

 

I agree with Nappen and advise all our students to travel with unloaded mags. Nappen was in the studio today for Sunday's radio show and he shared a few horror stories, NJ is so crappy! Like Nappen say's the charges may be drop but you also may get arrested.

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Call me foolish, but wouldn't the best, and easiest method of figuring out if this is legal or illegal to just look up the actual law/statute? I don't know. Just a thought.

 

NJSA 2C:39

 

I took a Criminal Law class last semester in which we were required to buy a hard copy of NJ Title 2C. Now that the class is over, I just keep it in my glove box.

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I'll go out on a limb here -- being it's New Jersey, it's not covered by any specific statute. Or if it is, it's covered by two statutes that contradict each other!

 

In some other states -- I think Ohio is one -- a magazine has been deemed by the courts as a part of a firearm, and so a loaded magazine is considered a loaded firearm. Speed loaders are not. I've read that in Ohio, to make things really fun, if you have a CCW permit it doesn't exempt your rifle magazines, just your loaded handgun.

 

It would be amazing if New Jersey did something more sanely than Ohio. If the NJ Legislature believes it takes 15 minutes and a 3 ton floor jack to change a magazine like Mainor says, that might help explain it.

 

Since I must spend half of my range time loading magazines, I'm following this thread with great interest.

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If you are to the point where the policeman is searching your car, and finds your loaded mags - you are already in more trouble than the mags could visit upon you.

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Heard this at Ed's Gun Shop. He said the magazine is a part of the gun and it being loaded is considered a loaded weapon. Apparently he was going to pick up someones collection b/c he was traveling home from the range, got into an accident, told the cops about his guns since he was going to the hospital and now he is losing his FID. Anybody hear any cases like this b/c I sure as $hit can't find a law???

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Heard this at Ed's Gun Shop. He said the magazine is a part of the gun and it being loaded is considered a loaded weapon. Apparently he was going to pick up someones collection b/c he was traveling home from the range, got into an accident, told the cops about his guns since he was going to the hospital and now he is losing his FID. Anybody hear any cases like this b/c I sure as $hit can't find a law???

 

That sounds like a discussion for a whole other day, but somehow I doubt that the mags were the only reason.

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What if you ride a sportbike with no storage on the bike itself? Will a backpack be ok while riding to the range?

 

2C:39-6g .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.

 

Anyone who owns a gun in NJ should have this memorized.

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I agree with Nappen and advise all our students to travel with unloaded mags. Nappen was in the studio today for Sunday's radio show and he shared a few horror stories, NJ is so crappy! Like Nappen say's the charges may be drop but you also may get arrested.

 

if you advise them that the LAW says it is legal.. but you recommend to transport them unloaded.. the sure.. you are entitled to your opinion... but I really find it difficult to advise against anything other than the law.. whenever you advise to do more than the law requires it conditions people to accept that as the standard.... and over the course of time you may actually be making things harder... you inform 500 people this is the way you might want to do it.. those 500 people tell 2 people each that they heard it should be done like that... those 2 people each tell 1 person it has to be like that...

 

next thing you know.. there are individuals standing in gun shops telling new gun owners it is the LAW...

 

and that is why I have issue with it... if the law is clear enough.. then just follow it..

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