Jump to content
illy

Driving around w/ pistol caliber carbine in trunk?

Recommended Posts

I asked a similar question a while ago and the consensus was that yes you can legally transport a rifle/shotgun/pcc in the trunk if it is unloaded.  The only question raised IIRC was the legailty of leaving it in the trunk for extended periods of time unattended.  i.e. you leave it in your trunk for 9 hours while at work and someone happens to steal your car.  I didn't get a clear answer as to whether there would be any liability on your part in that situation. 

Share this post


Link to post
Share on other sites

I asked a similar question a while ago and the consensus was that yes you can legally transport a rifle/shotgun/pcc in the trunk if it is unloaded.  The only question raised IIRC was the legailty of leaving it in the trunk for extended periods of time unattended.  i.e. you leave it in your trunk for 9 hours while at work and someone happens to steal your car.  I didn't get a clear answer as to whether there would be any liability on your part in that situation. 

 

Why would there be any liability?  If someone steals your car and runs down a group of nuns, you're not responsible.  IF I were going to do something like this, I would buy a high point carbine and if it got stolen...oh well.

 

Edited to remove erroneous information

Edited by Malsua

Share this post


Link to post
Share on other sites

Why would there be any liability?  If someone steals your car and runs down a group of nuns, you're not responsible.   There is no legal requirement to inform the police if your gun is stolen, so _IF_ I were going to do something like this, I would buy a high point carbine and if it got stolen...oh well.

 

 

totally legal 24/7

 

Well now I have the answer to that question.  Thanks :)

Share this post


Link to post
Share on other sites

a little confused here, what about the whole directly to and from a range, exempted location? Most direct route, ect. ect.

 

that is for a handgun.

 

For a long gun as long as its unloaded in the trunk you are good to go if you have a FID

Share this post


Link to post
Share on other sites

that is for a handgun.

 

For a long gun as long as its unloaded in the trunk you are good to go if you have a FID

 

honestly i never realized that. didnt ever read that its pistol only and not firearm in general. Anyone want to touch on keeping it in a business i do not own? I know a pistol is no unless the owner. What about a shotgun or rifle?

Share this post


Link to post
Share on other sites

Keeping is different from having it with you while you are there IMO.  Arent you supposed to have your firarms under YOUR control?  Thats why im confused about the issue with your car.  Its one thing to leave it in there while driving, but to park your car for hours and leave it in the trunk?  I think thats pretty risky, but im honestly not sure if any part of the law would have a effect in the legality of that situation. 

 

Maybe if you brought it to work then took it with you when you left it would be ok, but i dont know about leaving it there even when you are not present.

Share this post


Link to post
Share on other sites

honestly i never realized that. didnt ever read that its pistol only and not firearm in general. Anyone want to touch on keeping it in a business i do not own? I know a pistol is no unless the owner. What about a shotgun or rifle?

 

The transport exemption is for long guns AND handguns. It is for when one does not have a FPID.

 

The law implies that you must be the owner of the business. It also refers to long guns, handguns, and weapons.

Share this post


Link to post
Share on other sites

honestly i never realized that. didnt ever read that its pistol only and not firearm in general. Anyone want to touch on keeping it in a business i do not own? I know a pistol is no unless the owner. What about a shotgun or rifle?

 

I would like to know about this too.  The impression I'm getting is I can leave a long gun in my car throughout the state of NJ, as long as it's kept unloaded?  I'm assuming you would need to take it out if stopping at a bar for instance? 

Share this post


Link to post
Share on other sites

The transport exemption is for long guns AND handguns. It is for when one does not have a FPID.

 

The law implies that you must be the owner of the business. It also refers to long guns, handguns, and weapons.

 pk90 can you just clarify this part. either im thinking something different or not reading this correctly or you are saying you can deviate from direct path with an FPID?

Share this post


Link to post
Share on other sites

I can't for the life of me understand WHY so many members here aren't up-to-speed on this issue!  Where have you all been?

 

Your NJFID is your "Get outta jail card", meaning it nullifies the need to use the "directly to and from" exemption for long guns transport.  So you're GTG so long as you don't drive onto a Military Base, or onto School property.  FWIW there is a TON of available reading material ON THIS FORUM which apparently you all are too f-ing BUSY to read!

 

I'm an Old Fudd and I know more about what's going on than 20 of you kids.  Maybe it's about time someone started reading what I write??  LOL!

 

Dave

Shootist

Share this post


Link to post
Share on other sites

I can't for the life of me understand WHY so many members here aren't up-to-speed on this issue!  Where have you all been?

 

Your NJFID is your "Get outta jail card", meaning it nullifies the need to use the "directly to and from" exemption for long guns transport.  So you're GTG so long as you don't drive onto a Military Base, or onto School property.  FWIW there is a TON of available reading material ON THIS FORUM which apparently you all are too f-ing BUSY to read!

 

I'm an Old Fudd and I know more about what's going on than 20 of you kids.  Maybe it's about time someone started reading what I write??  LOL!

 

Dave

Shootist

 

i think alot of us where taught you cannot go anywhere but to from range, to from house, ffl ect. Plus i thought that was why they introduce the law last year to allow deviations from direct route to range, ect. If i remember correctly they used the example of stopping to get gas or food while going to or from a range being illegal.

Share this post


Link to post
Share on other sites

A lot of employers prohibit possession on their property, so know the policy where you work.  It might be more common at the big corporations.  My last three jobs at Fortune 100 companies had such policies in place, so keeping a long gun in the trunk wasn't an option.  Kinda sucked when I would have liked to go to the range on my way home from work.

Share this post


Link to post
Share on other sites

a little confused here, what about the whole directly to and from a range, exempted location? Most direct route, ect. ect.

 

All of that would apply if you don't have a FID as far as long guns go.

 

Why would there be any liability? If someone steals your car and runs down a group of nuns, you're not responsible. There is no legal requirement to inform the police if your gun is stolen, so _IF_ I were going to do something like this, I would buy a high point carbine and if it got stolen...oh well.

There is no obligation to report a stolen gun but you are better off doing so. If its found somewhere else and can be traced back to you as Ricky used to say to Lucy, you'll have some "splaining" to do. A friend had a Mini 14 he bought back in the 70s and sold to someone else who sol it to someone else, wind up being used in a homicide in AZ.

Share this post


Link to post
Share on other sites

not to push the topic but, could the business owner, who has an FPID leave a firearm at the business in a safe only I and he have access to being i am another FPID holder. I think the answer is no but just correct me if im wrong. reason being my boss actually asked me several times why i dont keep a pistol or shotgun or something here. and i explained it would be illegal for me as im not the business owner. Worst case ill have to become part owner and buy 1% from him.

Share this post


Link to post
Share on other sites

i think alot of us where taught you cannot go anywhere but to from range, to from house, ffl ect. Plus i thought that was why they introduce the law last year to allow deviations from direct route to range, ect. If i remember correctly they used the example of stopping to get gas or food while going to or from a range being illegal.

 

The law that was introduced covered HAND GUNS, not Long Guns.  The current laws already allow you to do THIS:    

 

Currently, as a NJFID holder, I can drive-around town doing my errands with 100 rifles and shotguns in the trunk of my car, UNCASED, UNLOADED, piled on top of each other and scratchin' each other all to hell, actions closed, layin' on top of cases of opened, spilled-out ammo, loaded magazines, even a belt of .30-06 for my semi-automatic belt-fed look-alike Model 1919 MG!  I don't even have to have the FID card on my person (according to the letter of the law)!  So long as none of the ammo is EVIL HOLLOW POINT and I don't drive through a RESTRICTED LOCATION (Military Base, Basement of Federal Building, School Grounds, etc.) I'm as LEGAL as the day is long, lol!

 

Are we on the SAME page now?

Share this post


Link to post
Share on other sites

The law that was introduced covered HAND GUNS, not Long Guns.  The current laws already allow you to do THIS:    

 

Currently, as a NJFID holder, I can drive-around town doing my errands with 100 rifles and shotguns in the trunk of my car, UNCASED, UNLOADED, piled on top of each other and scratchin' each other all to hell, actions closed, layin' on top of cases of opened, spilled-out ammo, loaded magazines, even a belt of .30-06 for my semi-automatic belt-fed look-alike Model 1919 MG!  I don't even have to have the FID card on my person (according to the letter of the law)!  So long as none of the ammo is EVIL HOLLOW POINT and I don't drive through a RESTRICTED LOCATION (Military Base, Basement of Federal Building, School Grounds, etc.) I'm as LEGAL as the day is long, lol!

 

Are we on the SAME page now?

yea i was answering the question you posted of where have you people been. just stating many of us did not know that because of being taught wrong or misinterpreting it due to the new bill being introduced. im not arguing the fact of it being legal/ illegal to keep in a vehicle.

Share this post


Link to post
Share on other sites

not to push the topic but, could the business owner, who has an FPID leave a firearm at the business in a safe only I and he have access to being i am another FPID holder. I think the answer is no but just correct me if im wrong. reason being my boss actually asked me several times why i dont keep a pistol or shotgun or something here. and i explained it would be illegal for me as im not the business owner. Worst case ill have to become part owner and buy 1% from him.

 

How the business owner stores his/her gun(s) is up to them.  He/She can put a pair of pistols/rifles/shotguns in a safe since it's HIS or HER business.  As to the "what-if's", if she/he's already wounded or about to run out of ammo, and you come to his/her rescue in a valiant effort to save the life, I doubt very highly that a DA is going to risk taking you to trial.  IANAL, nor do I play one on TV, but I do know that NOBODY in NJ has been jacked-up on charges for illegal transfer/use of a gun to save a life YET!  So as far as your question goes, there's the LAW, and then there's REALITY.  Just make sure that YOUR GUN isn't in the safe!

 

Technically it's still against the law for your Wife to grab YOUR GUN located inside YOUR HOUSE and blow-away the Perp that's kicking YOUR ASS!  But as Griz has said numerous times, there isn't a DA or Prosector in NJ that would be stupid enough to arrest the Wife!  Especially if the house looked like an obvious struggle took place with crap broken and strewn-about.

Share this post


Link to post
Share on other sites

I can't for the life of me understand WHY so many members here aren't up-to-speed on this issue!  Where have you all been?

 

Your NJFID is your "Get outta jail card", meaning it nullifies the need to use the "directly to and from" exemption for long guns transport.  So you're GTG so long as you don't drive onto a Military Base, or onto School property.  FWIW there is a TON of available reading material ON THIS FORUM which apparently you all are too f-ing BUSY to read!

 

I'm an Old Fudd and I know more about what's going on than 20 of you kids.  Maybe it's about time someone started reading what I write??  LOL!

 

Dave

Shootist

 

haha.

 

You're right. And even though I asked the initial question, I did know the answer.  During hunting season, my shotgun will be in the trunk for days sometimes. I guess I just needed some reassurance on the carbine.

Because, it seems like such a useful option* that I was just sure NJ blocked it and I somehow was missing that.

 

 

*Since we can't carry, in an emergncy situation (where you have the extra few seconds), this seems like a no brainer.

Share this post


Link to post
Share on other sites

Just an FYI on the stolen firearms:
 

2C:58-19 Report of loss, theft of firearm within 36 hours; violations, penalties.

1. The legal owner of a firearm, upon discovering that the firearm is lost or stolen, shall report the loss or theft within 36 hours to the chief law enforcement officer of the municipality in which the loss or theft occurred or, if the municipality does not have a local police force, to the Superintendent of State Police. A person who violates the provisions of this section shall be liable to a civil penalty of not less than $500 for a first offense, and not less than $1,000 for any second or subsequent offense. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

Share this post


Link to post
Share on other sites

All of the above is true, for handguns.  Possession of a handgun requires a Carry Permit, or else it must be an exempted location.  That's what you are referring to, only home / business / range / gun shop.  These EXACT same rules apply, for long guns with NO FPID. 

 

Possession of a long gun requires an FPID.  So if you have that on your person, you may transport a long gun anywhere in NJ (regular transport rules apply).  Technically you should be allowed to walk down Newark MLK Blvd with it unloaded in your hands.  This is exactly what I do when hunting, across streets, on other people's property, and on public roadways.  It's not illegal, but not recommended in a city. 

 

Leaving firearms in the trunk unattended is not illegal.  Actually it's safer to leave them in the trunk and have them stolen, than to make sense of the possession laws and carry (even a long gun) into a business / public environment.  Stolen is stolen, it's no longer your problem.  Possession is possession, now you are guilty and have to prove yourself innocent. 

Not trying to bust yer Balls, but you're wrong.  An out of State NJ-legal firearms owner can transport his long gun(s) to a range in NJ he is a member of, competes at, was guested into by a friend, etc.  And same for a NJ resident who was willed a shotgun or rifle while living in NJ, or otherwise acquired the long gun legally while a resident of any other State.  So my friend from Cali who moves to NJ, who has an arsenal of weapons (some of which were willed to him), can bring any of his long guns to "come out and play", SO LONG AS HE OR SHE COMPLIES WITH THE FAMOUS "DIRECTLY TO AND FROM" current statute.  

 

In addition, IF you have received your NJFID, you need NOT bring it with you while transporting, so long as you're SBI number is "in the system".  NO WHERE in the Statutes does it state that you MUST BE IN POSSESSION of your NJFID to be allowed to transport.  IF this were the case, then out-of-state folks transporting firearms into NJ for completely legal purposes would be instant Felons........   That being said, it does however make sense to have it with you, so if you're T-boned at an intersection and your 100 loose, unloaded, uncased rifles and shotguns roll out of the trunk, you can use your ID card to wipe-away the tears of loss.....

 

Not to be snarky, but if more of you attended League Matches at private clubs you'd see for yourselves all of the out-of-state plates in the parking lots.......

Share this post


Link to post
Share on other sites

It's best to read the law for yourself instead of trusting a lot of conflicting information on the internet.

 

Google NJSA 2C:39-5

 

It basically says

1) "here's the long list of things you can't tranport"

2) unless you have an FID - then you can transport long guns

 

Then NJSA 2C:39-5 tells you how you must transport.

 

It's a little more complicated but that's basically it.

 

Lots of farmers I know keep a shotgun in a sock behind the seat of their truck all the time with a box of shells in the cab of the truck somewhere else.   Never know when you'll need to dispatch some nuisance animal.  By the way, the gun needs to be "carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, OR locked in the trunk of the automobile."  So if it's in a case it can be in the vehicle's compartment - the farmers I know keep them in reach.  I'm not suggesting you do the same.

Share this post


Link to post
Share on other sites

Just an FYI on the stolen firearms:

 

2C:58-19 Report of loss, theft of firearm within 36 hours; violations, penalties.

 

1. The legal owner of a firearm, upon discovering that the firearm is lost or stolen, shall report the loss or theft within 36 hours to the chief law enforcement officer of the municipality in which the loss or theft occurred or, if the municipality does not have a local police force, to the Superintendent of State Police. A person who violates the provisions of this section shall be liable to a civil penalty of not less than $500 for a first offense, and not less than $1,000 for any second or subsequent offense. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

 

Not sure how I missed that one...I guess I was asleep at the switch.  I updated my original post to remove the statement that reporting was not required.  Apparently it is.  Although it's just a fine, there is no criminality associated with it.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...