Transport questions (yes another one....)

[supranatural 66]

I've read the stickies and gone through the gun laws and have several questions (I really miss Florida...):  Apologies if these have been answered already.

 

1) Transport of long guns - I know in the forum stickie it says that there is no restriction on transport of long guns (i.e., deviations to path etc) but, and perhaps I'm being dense and I'm not a lawyer type, but I don't seem to be able to find a distinction in any of the statutes that distinguishes between rifles and handguns in terms of transport to a destination with only reasonable deviations requirement.  Can someone point out the specific passage for me?

 

2) Locked or not locked?  Looking at the statutes it states that 

 

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.

 

When they say closed and fastened (none of my cars have a trunk) do they mean a locked case?  I noticed on one of the sponsor websites for this forum that they require me to provide a locked case or trigger lock if I'm picking up a handgun from them but this does not apply to long guns.  I've read in some of the threads on this forum that either the ammo or the gun should be locked but not both, did not see any of that in the statutes either.  Or is this a case of erring on the side of caution due to the ambiguity of the gun laws in this state?

 

 

 

 

[ogfarmer 138]

here is requirements for firearms transported into/thru NJ from NJSP site.

 

http://www.state.nj.us/njsp/about/fire_trans.html

Related Links Firearms Information All firearms transported into the State of New Jersey:

• 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.

• The firearm should not be directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console.

 

•  

[Howard 538]

A securely fastened container in NJ can actually be as simple as wrapped in craft paper with it secured by twine.  You are provided a lock when you buy a gun because that is federal law, nothing to do with NJ transport.  If the gun is in the truck just have it in the back in a closed bag or other container with the ammo in a similar but separate container and you are good to go.

 

Long guns can go anywhere in the trunk of your car AFAIK as you have an FID card.

[ogfarmer 138]

OP mentioned his cars don't have trunks

[Back on target 0]

My cars don't have trunks either.

I lock my gun case but not for that reason. If I get stopped for a traffic infraction and the guns come up, I doubt the LEO will ask me to unlock the case, making it safer for me and more comfortable for him.

 

 

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[Smokin .50 1,907]

I've read the stickies and gone through the gun laws and have several questions (I really miss Florida...):  Apologies if these have been answered already.

 

1) Transport of long guns - I know in the forum stickie it says that there is no restriction on transport of long guns (i.e., deviations to path etc) but, and perhaps I'm being dense and I'm not a lawyer type, but I don't seem to be able to find a distinction in any of the statutes that distinguishes between rifles and handguns in terms of transport to a destination with only reasonable deviations requirement.  Can someone point out the specific passage for me?

 

2) Locked or not locked?  Looking at the statutes it states that 

 

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.

 

When they say closed and fastened (none of my cars have a trunk) do they mean a locked case?  I noticed on one of the sponsor websites for this forum that they require me to provide a locked case or trigger lock if I'm picking up a handgun from them but this does not apply to long guns.  I've read in some of the threads on this forum that either the ammo or the gun should be locked but not both, did not see any of that in the statutes either.  Or is this a case of erring on the side of caution due to the ambiguity of the gun laws in this state?

 

Since you don't have a trunk, it's always wise to go a little overboard with regard to this.  But even doing this (having a gun lock, in a locked container, ammo separate) doesn't prevent YOU from doing the most important thing in a hatchback or SUV:  USING COMMON SENSE!  Take an old blanket and cover your stuff because the old adage, "Out of Sight is OUT OF MIND!" still applies!

 

"Securely tied" can be just what Howard said with the Bakery string.  With long guns, without the NJFID, you treat them the same as hand guns as far as transport is concerned.  With the NJFID you can keep them in your car ALMOST all of the time.  Just don't go to a Military Base, Federal Facility or any School.  So basically you can't bring your long guns to a zone where Mass Murderers like to start SHIT in, lol!

 

If you still aren't sure, see Nappen's big Orange Book, or find an Old Fudd like me at the range and bend our ears........

 

Dave

[vladtepes 1,060]

 

here is requirements for firearms transported into/thru NJ from NJSP site.

 

•  

 

 

 

that applies to people driving through and is cited due to FOPA... it does NOT apply to NJ citizens... 

 

transport of long guns and handguns is different in NJ in that IF you have a FID card you can have a long gun in the car at any time... 

 

the method in which you transport EITHER gun is the same... 

 

unloaded

in a closed container OR securely wrapped...

 

there is NO provision that requires you to lock anything... trunk or no trunk.. 

following imaginary laws does not offer you any additional safety.. as you are breaking the law OR you are not.. 

[Two11nProGreSS 0]

I didn't see anything covering transport from a firearm dealer or a FFL to your home. Did I miss something?

 

 

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[ryan_j 0]

I didn't see anything covering transport from a firearm dealer or a FFL to your home. Did I miss something?

 

 

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  e.     Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

[Two11nProGreSS 0]

e. Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

Thank you. I have been looking for this for months . Couldn't find it.

 

 

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[ryan_j 0]

It's in section 2C:39-5 and 6 of the NJ criminal code of justice. 

[PK90 3,573]

Right click each below .pdf file and Save Link As:

 

1. Title 2C Chapter 39

 

2. Title 2C Chapter 58

 

3. Title 13 Chapter 54

[vladtepes 1,060]

Thank you. I have been looking for this for months . Couldn't find it.

 

 

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http://njgunforums.com/forum/index.php/topic/29389-read-before-posting-nj-gun-law-faq/

[supranatural 66]

that applies to people driving through and is cited due to FOPA... it does NOT apply to NJ citizens...

 

transport of long guns and handguns is different in NJ in that IF you have a FID card you can have a long gun in the car at any time...

 

.

I don't see any wording that differentiates between long guns and hand guns...can you show me the exact sentence that supports this?

 

 

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[vladtepes 1,060]

I don't see any wording that differentiates between long guns and hand guns...can you show me the exact sentence that supports this?

 

 

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It is unlawful to knowingly have in your possession a:

1. Handgun, including any antique handgun, without first obtaining a Permit to Carry. No distinction is drawn between carrying openly or concealed.

2. Rifle or shotgun without first obtaining a FID card. It is Illegal to carry a loaded shotgun or rifle in any vehicle

 

e. Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a

fixed location.

 

 

 

 

http://njgunforums.com/forum/index.php/topic/29389-read-before-posting-nj-gun-law-faq/

[leahcim 680]

A securely fastened container in NJ can actually be as simple as wrapped in craft paper with it secured by twine.  You are provided a lock when you buy a gun because that is federal law, nothing to do with NJ transport.  If the gun is in the truck just have it in the back in a closed bag or other container with the ammo in a similar but separate container and you are good to go.

 

Long guns can go anywhere in the trunk of your car AFAIK as you have an FID card.

Or a ziploc bag on the passenger seat--although I wouln't recommend it: no one needs to know  you are transporting so keep them out of sight.  But I think it satisfies the letter of the law.

[Newtonian 453]

So in other words we can keep a beater .22 rifle in the trunk, and the ammo separate, at all times, to pretend we live in the United States?

[Arcade Game 0]

there is NO LAW that says the ammo has to be separate.  period

[Smokin .50 1,907]

So in other words we can keep a beater .22 rifle in the trunk, and the ammo separate, at all times, to pretend we live in the United States?

 

Yep, and your unloaded "beater" can be uncased, rollin'-around with thousands of rounds of non-hollow point ammo, and you can go almost everywhere, EXCEPT a school, government building or military base.  So long as you have had a NJFID issued to you (you needn't have it on your person, since the actual law doesn't require it, but having it with you is a good idea).

 

I've been writing about this for a while now, lol!

 

Dave 

[Newtonian 453]

there is NO LAW that says the ammo has to be separate.  period

If it's unloaded then it's separate, no? Can the (non hollow point) ammo be stored in a magazine?

[Smokin .50 1,907]

If it's unloaded then it's separate, no? Can the (non hollow point) ammo be stored in a magazine?

 

Unloaded is GTG!  Not only can you have fully loaded mags, speed loaders, etc., they needn't be stored separate.  So a nice range bag that can hold ammo and gun(s) can be used.

 

That all being said, some folks like to be overly cautious by trigger locking the guns, and storing the ammo in a locked ammo can SEPARATE from the guns.  Hell, some folks even provide a thief their address where more guns are stored by bringing-along a copy of the P2P in every hard gun case!  What the law REQUIRES is one thing, what ill-informed, Candy-Asses DO for transport is yet still ANOTHER, lol!

[Silence Dogood 468]

When I got my FPID, the firearms officer in our municipality strongly recommended that I not transport loaded magazines.   He said that some PDs in NJ take a dim view of that, despite it being legal.

[OchoBlue 3]

1)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.

2)The firearm should not be directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console.

 

I copied 1 & 2 from a post above. 2 states if you have no trunk " must be in a locked container ". Can you transport handguns in an SUV without a " LOCKING" container ? Say the case they came in or a zip up bag ?

[PK90 3,573]

I copied 1 & 2 from a post above. 2 states if you have no trunk " must be in a locked container ". Can you transport handguns in an SUV without a " LOCKING" container ? Say the case they came in or a zip up bag ?

 

That is from Fedeal Law for transport into or through NJ, not within NJ only.

[OchoBlue 3]

That is from Fedeal Law for transport into or through NJ, not within NJ only.

 

Thanks for the clarification !

[supranatural 66]

Thanks VladT for finding that for me!

 

As long as the magazine is not in the gun it's not loaded IMHO.

 

 

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[Smokin .50 1,907]

Thanks VladT for finding that for me!

 

As long as the magazine is not in the gun it's not loaded IMHO.

 

 

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Since not all guns take magazines, let's extrapolate a little further, for educations' sake:

 

Loaded Speed-Loaders can be stored with, around, next to, in front of, behind, on top of, on bottom of, etc. a revolver in the same bag as the Speed-Loaders.

 

A percussion single-shot black powder firearm (hand gun OR long gun) is considered NOT LOADED as long as the ignition source (percussion cap) is not applied to the gun's nipple!  So the gun can have a powder charge and a patched round ball or conical loaded and ready to go, EXCEPT for the percussion cap (what you would call the primer).  Ditto for a black powder revolver with 5 or 6 chambers:  everything loaded and ready to go, with the EXCEPTION of the ignition source......   And while I'm covering this, the same applies to flintlock ignition single-shot rifles or pistols, PROVIDED that there isn't any flash powder in the ignition pan of the firearm.  Nuthin' in the pan, it's NOT LOADED!  Remember that not every gun law book covers what I just wrote about black powder....this info was printed in the NJDEP's Hunting Guide, since black powder rifles are allowed during deer season!

 

I provide this additional info as a service, and to help further illustrate some common misconceptions about gun laws in the PRNJ.

 

Dave