Gun question for y'all

[stevek 0]

My wife and I have moved fro NJ to WV...thank you Lord. My question is this;

 

We have FOID cards from when we lived there. We have numerous concealed carry permits, but of course none make a difference in NJ. When we come up to NJ for Christmas with the kids and the grandkids, what do we need to do? Are we legally OK if we transport our pistols in a locked case with the magazines unloaded and the ammo in a different bag/box?

[DeerSlayer 241]

Thats what you have to do. To be safe put the guns in the trunk locked as well. And don't bring hollow point ammo. Your NJ FID is no longer valid once you move from what I've been told, but I could be wrong about that.

 

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[TooBigToFit 2]

Unless you still own land in NJ, I don't think you're going to meet the transportation and possession requirements for pistols in NJ while you're staying here.

[GRIZ 3,369]

You can only bring your handguns back to NJ if you are bringing them back to your residence if you have one in NJ. The only other wy is if you are going to a range and that's only for a range trip.

 

If you get a change of address with your WV address on your FID you can bring long guns as a visitor without any specific purpose or residence requirement.

 

That's the way it is.

[Howard 538]

You will be arrested at the Delaware Memorial bridge if you try to bring the handguns in unless you still have your property here in NJ. 

[stevek 0]

So even if we are going directly to our sons house and will keep them there until we drive back to WV, it will be illegal?

[PK90 3,573]

 

So even if we are going directly to our sons house and will keep them there until we drive back to WV, it will be illegal?

 

This is debatable. FOPA says that you may transport them from a place that is legal for you to own to a place that is also legal for you to own. NJ transport laws say you may only transport them between your residences, range, gun shop, and business. I think in your situation, the FOPA trumps NJ law. Put them in a case or trunk and take them there. Done.

 

ETA: In response to the below, IMO w/26 years as an LEO and 12 years as an FFL, you are within the law. But we are all internet lawyers here. YMMV

[Howard 538]

NO! FOPA does not allow this as it is not legal for you to posses them in NJ at your son's house that you don't own.  Therefore taking them there is not covered by FOPA.  FOPA would cover you traveling to a range in NJ or other competition, but not to a private home.  Keep in mind you are getting advice from me,  someone who plays lawyer on the internet and has no legal training and has not stayed at a Holiday Inn Express either.

[siderman 1,139]

NO! FOPA does not allow this as it is not legal for you to posses them in NJ at your son's house that you don't own.  Therefore taking them there is not covered by FOPA.  FOPA would cover you traveling to a range in NJ or other competition, but not to a private home.  Keep in mind you are getting advice from me,  someone who plays lawyer on the internet and has no legal training and has not stayed at a Holiday Inn Express either.

 

I agree. FOPA would help you if you were traveling THRU NJ but not if NJ is your destination. Your destination is not one of the exempted places(residence, range....).

[Dirt diver 0]

How is "Residence" defined? When traveling through the peoples republic if NJ, I would think a hotel or in this case the son's home while staying there would be considered his residence while in the state. Understand, the meaning of residence for traveling would be more liberal than say for purchases. IMHO, properly transport and you should be fine. Once at your son's house they should be removed from the trunk unless going to or from an approved place. Nappen's book must have covered this topic.

[PK90 3,573]

I agree. FOPA would help you if you were traveling THRU NJ but not if NJ is your destination. Your destination is not one of the exempted places(residence, range....).

100% wrong

 

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[Howard 538]

100% wrong

 

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Please explain why you are 99% certain this is 100% wrong - see I am leaving you a slight out

[Tack Tickle 0]

Your "safest" bet is to get a NJ FID with your new out of state address.

[PK90 3,573]

Please explain why you are 99% certain this is 100% wrong - see I am leaving you a slight out

 

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

 

If this only pertained to states "in-between", one could never take a firearm to any bordering state in the entire US.

[Howard 538]

Yes but his final destination is NJ, and since he does not qualified as legally being able to posses it in his final destination then he is not covered.

[10X 3,307]

Your "safest" bet is to get a NJ FID with your new out of state address.

Is that even possible?  I would have thought not, but don't really know.

[Tack Tickle 0]

Not to be rude, but I wouldn't have suggested it if I didn't know for a fact it was.

 

Is that even possible?  I would have thought not, but don't really know.

[GRIZ 3,369]

Is that even possible? I would have thought not, but don't really know.

Living out of state ou file for the change of address with NJSP.

 

Doesn't do anything for handguns but you can leave an unloaded long gun in your trunk. You can also buy long guns and handgun ammo in NJ.

[siderman 1,139]

100% wrong

 

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how is this wrong? This is excactly what FOPA's Safe Passage act addresses.

 

If this only pertained to states "in-between", one could never take a firearm to any bordering state in the entire US.

 If your traveling thru a bordering state- entering one side,exiting thru other part into a third state- Fopa applies to the middle/in-between state. If your traveling to a border state only, its your destination and the border state's laws applies,Safe Passage is not relevant. Its one or the other.