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10 worst states for gun rights... guess who is #10

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Jeez, they cant even get the one sentence summery correct. Says we need a carry permit to possess a hg.

It's actually a correct statement! Go to this link http://njgunforums.com/forum/index.php/topic/66145-gfh-radio-141-nappen-talks-pantano-and-panteleon-is-ccw-coming-to-nj/ click on the player and listen to the program.Evan Nappen explains how NJ gun laws work and how we are allowed thru exemptions to possess our firearms.

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#2 New Jersey

Brady Campaign score: 72

 

New Jersey states that it is unlawful to knowingly possess any handgun, including any antique handgun, without first having obtained a Permit to Carry, and it is unlawful to knowingly possess any rifle or shotgun without having first obtained a Firearms Purchaser Identification Card (FID).

 

This is inaccurate 

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As noted several times, people who write these articles are usually ignorant of gun issues. Gun rights advocates stoke the flames of ignorance as well.

 

For example, CT is essentially a shall-issue CC state but they have magazine capacity restrictions. Would you take that bargain?

 

Upstate CA, NY, and (I believe) western MA counties regularly issue carry permits as well. Would you accept SAFE-like legislation in return for being able to carry a handgun while hunting, or having an unrestricted carry license, which you can get in these states?

 

But I'll admit that the Pennsylvania entry baffles me. 

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#2 New Jersey

Brady Campaign score: 72

 

New Jersey states that it is unlawful to knowingly possess any handgun, including any antique handgun, without first having obtained a Permit to Carry, and it is unlawful to knowingly possess any rifle or shotgun without having first obtained a Firearms Purchaser Identification Card (FID).

 

This is inaccurate 

 

 

Why is it inaccurate? 

 

2C:39-5. Unlawful possession of weapons.

 

     2C:39-5. Unlawful possession of weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.

 

     b.     Handguns. (1) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree. (2) If the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person it is a crime of the third degree.

 

     c.     Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

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The detractors in the comments to this type of article love to cite how stricter gun laws equate to lower violent crime rates but no one ever points out how many "gun crimes" are committed with firearms that are legally owned by the shooter.  Not by the shooter's parents, spouse, children, siblings, baby momma's ex-boyfriend's cousin Tanisha's Uncle Ray-Ray...but by the shooter himself/herself.

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Wait a minute:

 

     c.     Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

 

This is practically unenforceable. Think about it. Unless they catch you in the act of buying a gun without the card. 

 

Anyone ever hear of anyone in NJ getting busted for having a shotgun on his dining room table? How would this play out? Cop is in your house for something unrelated. Sees the gun. Asks for your card. You show him. Does he then ask for the receipt, to make sure you purchased the shotgun AFTER you received the card?

 

Or, as so often happens, am I missing something??

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Why is it inaccurate? 

 

2C:39-5. Unlawful possession of weapons.

 

     2C:39-5. Unlawful possession of weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.

 

     b.     Handguns. (1) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree. (2) If the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person it is a crime of the third degree.

 

     c.     Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

 

 

That's BS   It refers to CC.   You don't need a FID Card to possess a long gun. Both Handguns and long guns purchased in the PRNJ require a necessary permit or ID card to purchase. Not to possess provided you are not ineligible.

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2c:39-6

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.

I think possession of firearms is de facto illegal in PRNJ, but the law carves out exceptions--exempted places and exempted transport.

BTW: I would argue that since this exemption says "any firearm," therefore if I transport my wife's HG to the range (without my wife) I would be within the exemption and would not constitue an illegal transfer.  But that is another (30 page) thread ;-)

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2c:39-6

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.

 

I think possession of firearms is de facto illegal in PRNJ, but the law carves out exceptions--exempted places and exempted transport.

BTW: I would argue that since this exemption says "any firearm," therefore if I transport my wife's HG to the range (without my wife) I would be within the exemption and would not constitue an illegal transfer.  But that is another (30 page) thread ;-)

Thank you for bringing sanity to this thread.

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Thank you for bringing sanity to this thread.

 

Evan Nappen covered this in his #141 podcast yesterday. In essence, he states that, given how the law is written, the "burden of proof" is on you that you are possessing/carrying "legally" instead of the State having to prove that you are possessing/carrying "illegally."

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Evan Nappen covered this in his #141 podcast yesterday. In essence, he states that, given how the law is written, the "burden of proof" is on you that you are possessing/carrying "legally" instead of the State having to prove that you are possessing/carrying "illegally."

 

No pissing contest here....  But what is your point?

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BTW: I would argue that since this exemption says "any firearm," therefore if I transport my wife's HG to the range (without my wife) I would be within the exemption and would not constitue an illegal transfer.  But that is another (30 page) thread ;-)

Shouldn't require a 30 pg thread, look up 2C:58-3.1

It's annoying, but pretty clear that the owner of the firearm needs to be present during a temporary transfer.

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Shouldn't require a 30 pg thread, look up 2C:58-3.1

It's annoying, but pretty clear that the owner of the firearm needs to be present during a temporary transfer.

 

30 was an exageration--there are several threads, longest was only 3 pages  http://njgunforums.com/forum/index.php/topic/60091-hypothetical-home-defense-question/?hl=%2Btemporary+%2Btransfer#entry768642

 

I know, but it seems to conflict with the exemptions.  Of course, this exception does not specifically apply to 2C:58-3.1, thus the importance of looking at everything in the law.:

  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.

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