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Long gun in trunk Question

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Finally, and I say this over and over again, join the ANJRPC, pay their membership fee (what is it, like $35 bucks?) and then you will be able to call one of the six attorneys listed in the back of the member newsletter - these attorneys will answer member questions on NJ law over the phone for free.

Thanks for the thoughtful explanation. I have joined ANJRPC; I joined Cherry Ridge on the first Sunday in June.

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Answer me this: how many laws am I breaking?

Rifles and pistol cased in the rear cab of the truck

Rifle and hollow point pistol ammo for the Marlin 1894CS,Ammo in locked ammo can in bed

Stop for eats on the way to Penn.

Stop to use the facilities in NJ coming home.

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Answer me this: how many laws am I breaking?

Rifles and pistol cased in the rear cab of the truck

Rifle and hollow point pistol ammo for the Marlin 1894CS,Ammo in locked ammo can in bed

Stop for eats on the way to Penn.

Stop to use the facilities in NJ coming home.

Shhhh! Just don't tell anybody and keep it moving!

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Answer me this: how many laws am I breaking?

Rifles and pistol cased in the rear cab of the truck

Rifle and hollow point pistol ammo for the Marlin 1894CS,Ammo in locked ammo can in bed

Stop for eats on the way to Penn.

Stop to use the facilities in NJ coming home.

 

I am not a lawyer but...

if you are traveling through a state to another state.. you are IMO protected during the course of that travel providing your guns are legal at both your origin and destination..

 

you would IMO need to follow procedure for interstate travel...

 

keep in mind PA handgun laws are similar to NJ.. in that without a valid license to carry you must be going directly to or from a range... you can not drive to PA (technically) and just carry to carry.. 

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in NJ a FID card supersedes that with long guns.. in that if you have a FID card you can technically drive around with an unloaded long gun in your trunk as much as you want.. range or no range..

 

the ONLY concern I have is to what extent the vehicle is a gun within his control.... if he is driving around in the car and has a long gun in the trunk unloaded.. with an FID card... he is OK.. but what if he leaves the car in a Newark parking lot for a week... then he is no longer in immediate control of the weapon... I am not sure that there is a specific law to govern leaving the gun in your car unattended... and I am not sure if something happened you would not be in trouble.. 

If you have a fid card you can carry a unloaded longgun slung to your back all day, you can drive around with it all day on the seat next to you and you can have ammo right next to it, i confirmed this with evan Nappen.

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If you have a fid card you can carry a unloaded longgun slung to your back all day, you can drive around with it all day on the seat next to you and you can have ammo right next to it, i confirmed this with evan Nappen.

I agree.... My concern would be leaving it unattended in a vehicle for hours on end...

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If you have a fid card you can carry a unloaded longgun slung to your back all day, you can drive around with it all day on the seat next to you and you can have ammo right next to it, i confirmed this with evan Nappen.

 

Can you carry it on your back on a motorcycle?

Does it have to be in a case?

 

 

NJSP kind of danced around on this one.

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That is why I brought this up, because you think you are OK with the rifle in your trunk outside of school areas (and with a FPID you are, per NJ Statute), but then if you let your legal guard down you can get jammed up on ammo. 

 

Hollow Points - You can buy hollow points, you can bring them directly from point of purchase to your home, and you can have them in your home, and you can bring them to and from the range, but generally speaking you CAN NOT otherwise just have them in your possession.  You CAN NOT have hollow points in your car, in your bag, etc, when going to the supermarket or a movie.  Felony.

 

A rule of thumb - a hollow point round is like a handgun.  Buy it, bring it directly home, bring it directly to and from the range, otherwise keep it home and out of your car.  Note that even if you were somehow magically able to get a NJ carry permit, EVEN THEN you couldn't load up with hollow points.

 

So if you were going to keep a .22 rifle in your trunk, make damn sure that the ammunition you have with it isn't hollow point.  There are bulk packs out there that are not hollow point.  Just gotta look for them (when availability comes back).  CCI also makes non-hollow point rounds.

 

By the way the earlier advice is right - the NJ Exemptions need be followed with respect to rifles and shotguns ONLY if you don't have a FPID, and the exemptions need be followed with respect to pistols ONLY if you don't have a handgun carry permit.

 

NJ Law operates like this:

 

FIRST, it bans entirely possession of any firearm outright.  Yes, a complete and total ban, such as would be enacted in any totalitarian country.

 

SECOND, it provides that notwithstanding the outright ban, you can possess rifles and shotguns if you have a FPID and they are unloaded, and that you can possess pistols (loaded or not) if you have a carry permit. 

 

THIRD, it provides a list of exemptions from the outright ban, so that if you don't have a FPID and you don't have a carry permit, you can still do what is banned (possess rifles, shotguns and/or pistols) if you fit inside of one of the exemptions.  Being at your house is an exemption.  Going to and from the range is an exemption.  Going hunting is an exemption.  Being a New Jersey police officer is an exemption.  Etc.  Surprisingly, being a police officer from a different state is NOT an exemption, even if that police officer is in uniform.  So a NYPD officer coming across the border in uniform with open carried sidearm would be an instant felon.  Wonderful state.

 

 

 

But you don't need to be in an exemption with respect to unloaded rifles and unloaded shotguns if you have a FPID, and with respect to pistols (loaded or not) if you have a pistol carry permit.  Don't even need to go there, since exemptions are only necessary when you DO NOT have a FPID (or if you do have a FPID and your rifle/shotgun is loaded - such as would be the case when you are hunting) or you DO NOT have a pistol carry permit.

 

Finally, and I say this over and over again, join the ANJRPC, pay their membership fee (what is it, like $35 bucks?) and then you will be able to call one of the six attorneys listed in the back of the member newsletter - these attorneys will answer member questions on NJ law over the phone for free.

I believe the Patriot Act allows LEO to carry in other states. I saw 4 NYPD uniform officers on the platform at Newark Penn Station months ago.

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What you are thinking about is the Federal "Law Enforcement Officers Safety Act" (LEOSA) enacted in 2004.

 

https://en.wikipedia.org/wiki/Law_Enforcement_Officers_Safety_Act

 

This law allows police to carry concealed in other states.  Open carry by out of state cops in NJ is still technically illegal, but who is going to arrest them?  The police?

 

Another interesting factoid - when the LEOSA was enacted, NJ went nuts  (I can't remember if it was the NJ State Police or NJ Attorney General) and issued an opinion and warning that out of state cops aren't covered by the act for the offense of carrying hollow point ammunition in their concealed handguns.  The feds had to amend the LEOSA in 2010 to cover ammunition too, so that out of state cops don't commit a felony in NJ when they bring their hollow point duty rounds into the state.

 

Like I said, watch out for ammo.  One dimple on the end of the round outside of an exemption means you are are in deep trouble.

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If one were issued a FPID, one may transport a long gun (or even strap it across your back and walk around) anywhere not prohibited.  The card doesn't even need to be in your possession.

I've thought about this several times, strapping the shotty or AK over my shoulder while on the Harley and locking mags in hard saddle bag! Never did it because I figured even if it was legal I was definitely getting pulled over several times before making my destination.

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Answer me this: how many laws am I breaking?

Rifles and pistol cased in the rear cab of the truck

Rifle and hollow point pistol ammo for the Marlin 1894CS,Ammo in locked ammo can in bed

Stop for eats on the way to Penn.

Stop to use the facilities in NJ coming home.

 

Remember you are not at that point transporting when leaving the state under just NJ Gun Laws, but FOPA. I do believe interstate transport undoer FOPA does require a Locked Case. Now the Stop in NJ, well you got your answer, just travel a little longer and by some magical power, when you cross the river into PA, it's completly fine to stop, eat, piss, sleep, or just about anytihing else you want to do. ;)

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I believe the Patriot Act allows LEO to carry in other states. I saw 4 NYPD uniform officers on the platform at Newark Penn Station months ago.

 

 

What you are thinking about is the Federal "Law Enforcement Officers Safety Act" (LEOSA) enacted in 2004.

 

https://en.wikipedia.org/wiki/Law_Enforcement_Officers_Safety_Act

 

This law allows police to carry concealed in other states.  Open carry by out of state cops in NJ is still technically illegal, but who is going to arrest them?  The police?

 

Another interesting factoid - when the LEOSA was enacted, NJ went nuts  (I can't remember if it was the NJ State Police or NJ Attorney General) and issued an opinion and warning that out of state cops aren't covered by the act for the offense of carrying hollow point ammunition in their concealed handguns.  The feds had to amend the LEOSA in 2010 to cover ammunition too, so that out of state cops don't commit a felony in NJ when they bring their hollow point duty rounds into the state.

 

Like I said, watch out for ammo.  One dimple on the end of the round outside of an exemption means you are are in deep trouble.

 

Open or concealed carry with or without  hollowpoints by out of state LEOS on official business has nothing to do with the Patriot Act or LEOSA.  Every state I know of, including NJ, has provisions in their laws for out of state LEOs to carry in their state no matter how restrictive their gun laws are.  LEOSA covers only concealed carry off duty or retired.

 

kman is correct about the NJ AG issuing an opinion saying off duty out of state LEOs and retired LEOs can't carry hollowpoints in NJ.  It went one further and said that retired LEOs living in NJ weren't covered under LEOSA and had to get a NJ RPO carry permit.  This is an example of the AG making "feel good" laws that really are illegal.  That's why its an AG "opinion" and not a law.

 

LEOSA, in its original form, actually covered hollowpoints and normal capacity magazines.  LEOSA starts out saying,

 

"  Notwithstanding any other provision of the law of any State or any political subdivision..." 

 

Notwithstanding, in legal terms, means despite, regardless, in other words disregard.  LEOSA goes on to say that the only state laws that apply are those restricting the carry of firearms on private property and in government owned buildings and land (schools, courthouses, parks, etc).  In short, hollowpoints and normal capacity magazines were permitted.  In 2013, Congress specifically addressed the hollowpoint issue but declined to clarify the magazine issue in the wake of the school shootings.

 

State laws can be more restrictive.  You meet Federal and State requirements when you buy a firearm from a dealer.  A state law cannot contradict a federal law. What the AG does by forbidding hollowpoints to active and retired LEOs and requiring retired NJ LEOs to get a NJ RPO Carry Permit is illegal.  You won't see any prosecutions for either under NJ law because the AG knows that.    

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Here's a slightly different twist to this.

 

My friend has a Honda Accord with a small trunk. His large Mauser 98 GEW is in a large 54" hard Plano LOCKED case. It does not fit in the trunk (about 45" opening", but would fit if he lays down the back seat and puts it straight in.

 

Can the case protrude into the back seat? I know you can't do it with a non locking case, but don't know given the case locks.

 

I'm thinking he needs a smaller gun or a bigger car.

 

We also pondered one if those roof rail mounted trunks like xcargo.

 

post-6835-137478584522_thumb.jpg

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Here's a slightly different twist to this.My friend has a Honda Accord with a small trunk. His large Mauser 98 GEW is in a large 54" hard Plano LOCKED case. It does not fit in the trunk (about 45" opening", but would fit if he lays down the back seat and puts it straight in.Can the case protrude into the back seat? I know you can't do it with a non locking case, but don't know given the case locks.I'm thinking he needs a smaller gun or a bigger car.We also pondered one if those roof rail mounted trunks like xcargo.attachicon.gifImageUploadedByTapatalk1374785844.174250.jpg

He'd be okay with a locked case IMO. A roof cargo carrier is not readily accessible from the passenger compartment so I'd say its like atrunk.

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Here's a slightly different twist to this.

 

My friend has a Honda Accord with a small trunk. His large Mauser 98 GEW is in a large 54" hard Plano LOCKED case. It does not fit in the trunk (about 45" opening", but would fit if he lays down the back seat and puts it straight in.

 

Can the case protrude into the back seat? I know you can't do it with a non locking case, but don't know given the case locks.

 

I'm thinking he needs a smaller gun or a bigger car.

 

We also pondered one if those roof rail mounted trunks like xcargo.

 

attachicon.gifImageUploadedByTapatalk1374785844.174250.jpg

 

 

in NJ to NJ?

 

travel in NJ does not require a locked case.. 

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