Any authority that says it is legal to have unloaded long gun as long as you have the FID card?

[Newtonian 453]

Here's what Nappen has to say about it.

 

He actually does not distinguish between long guns and handguns. He just said "guns."

[Princetonian58 53]

"at least one New Jersey Appellate Court has held that it must be a business owned by you and not merely the place that you work. Get nabbed with a handgun at work and it's bad day at the office."

 

Does anyone have the name or citation for this case?

[InFamous 311]

I can roll around all day long with a rifle in my trunk unloaded, legally...but honestly, what good does it do me? I think this topic is a moot point, because whether you can or not doesn't make a difference if you're looking for an option for defense.

[68chris 20]

How about your rifle on or by your front seat? or even better, how about on one of those dashboard type locks you see for rifles in police cars? They are activated electronically somehow.

While not as good as a concealled carry pistol license, I think a marlin or winchester lever action 1894 type with ten rounds of 30 30 on your belt pouch or pocket is a good use of our fpid cards

 

I think the 1894 lever action is better than an AR type platform or shotgun for our NJ damned situation.

The lever action loads bullets one at a time on the side, so we can load it fairly easily if lives are on the line. You can also leave your vehicle with the gun locked in it, and your loose bullets on your person, thus keeping the ammo away from the gun.

 

An AR type can only be loaded by inserting a full magazine. Keeping a full magazine on your person is not as practical as keeping loose 30 30 ammo.

 

Shotgun shells are too large to keep on your person compared to a carbine caliber like 30 30

 

 

So I take it this is allowed for fpid card holders?

 

I can keep my Marlin 336 lever action, unloaded, butt on my floorboard, barrell locked to my dashboard in upright position using the electronic police dashboard lock, and keep 10 rounds of 30 30 ammo on my belt pouch at the ready if the need should arise????

 

This is a very good thread.

[kwadz 11]

Guys, one thing to consider with being allowed possession of a long gun with an FPID card is a court's interpretation definition of possession.  If one was to drive around with a shotgun in the trunk and then park the car at the mall and go shopping, how would the courts interpret possession while the gun is physically in the car while you're in the mall?  Would this be considered storing the gun, unattended, at a location other than one's house?  Correct me if I'm wrong, but isn't storage of firearms limited to one's own property (if not in current possession)? 

[Shawnmoore81 623]

I've walked down the road carrying a hunting gun a lot and have never been bothered. Not saying the same reaction would happen if it was an ar though

[jackandjill 683]

There are lot of practical purposes for having a long gun, on person, without having to "tie" it in a bag or trunk. I know what nappen said in that video and I respect him.

 

Also carrying a hunting gun down the road to woods may be argued in the context of hunting.

 

Long timers here always say "follow the letter of the law". So i am looking for that letter , code of the law that says , effectively, that I can carry, transport and otherwise possess any long gun, with fpid, in open without it being tied in a bag at the least. Unloaded, ofcourse.

[PK90 3,573]

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. Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

 

DONE. Nothing further to read. As stated prior, the exemptions are for those that do not have a FPID.

[jackandjill 683]

Thanks. I copy pasted all relevant codes into one page and went through this..

 

2C:39-5(b) - Handguns

 

2C:39-5© - Makes illegal to possess rifle / shotgun without FPID. Loaded is illegal regardless. Conclusion is, possess rifles / shotguns whichever way one pleases with FPID

2C:39-5(d) - Other weapons.

 

2C:39-6(b) - Dealer related stuff

 

2C:39-6(e) - Exempts 39-5(b,c,d)  for certain locations, certain types of carrying and certain types of transportation

 

2C:39-6(f) - Exempts 39-5(b,c,d)  for certain types of transportation - hunting, range etc, directly to, from etc.

 

2C:39-6(g) - Imposes restrictions on  "manner" in which said rifles / shotguns / handguns shall be carried, transported, no deviation etc, but only for section 2C:39-6-b(2), 2C:39-6-e, 2C:39-6-f(1,3)

 

------------------------

 

So  2C:39-5© allows rifles and shotguns possession, unloaded, with FPID and everything else written DOES NOT impose any further restrictions on it

 

So essentially, NJ is (open) carry for rifles / shotguns with FPID but people just dont exercise it, often ?  From a Judge perspective, that looks like NJ is compliant with 2A for rifles / shotguns atleast.

 

 

Thanks everyone for your patience.

[The brew guy 22]

So essentially, NJ is (open) carry for rifles / shotguns with FPID but people just dont exercise it, often ?  From a Judge perspective, that looks like NJ is compliant with 2A for rifles / shotguns atleast.

 

 

Thanks everyone for your patience.

As long as it's not loaded.

[Newtonian 453]

This is as good a time as any to write my thread-killing post as I've done several other times on this subject. 

 

What is the point of carrying around an unloaded gun? What is the point of hauling around a gun you're not permitted legally to use? 

 

The first person who comes up with a scenario where it would be legal for you to reach around to the back seat, drop in a few rounds, and begin shooting gets an expired $10 coupon for Dick's Sporting Goods. 

 

You can't just stop somewhere and plink unless you have a .22 and are near a couple of WMAs that allow it. You can't hunt with a rifle except for varmints. 

 

You'll have to prove to an anti-gun jury that your life was in danger and you had no time, behind the wheel with the motor running, to get away without firing. A lot of you guys are really good with guns, but I can throw my car into gear and be out of there while you're still loading the danged thing, or figuring out how to get three-plus feet of gun between your position in the driver's seat and the windshield. Hope you didn't decide to deploy your bayonet for added thrills.

 

A couple of months ago I went straight from the range to home to pick up wifey and then to ShopRite. When I popped the trunk open to put in the bags my beloved nearly passed a kidney stone: "Oh no why did you bring those!" Hee hee. Fellas, that's all the fun we get to have schlepping long guns around in this state. 

[Barms 98]

I want that coupon.

 

Here's a guess. The rack isn't so much about driving around with it every day for no reason. But what if you were driving to the range. Why not put it in the rack? Why do fisherman put their rods in those white cups in the front grill of the truck when there is room in the back?

 

I dunno maybe they will say "because it is made for here". Maybe some NJ guys want to express their freedom for the limited amount of minutes driving to or from the range? Or to from a hunt?

 

Now this whole notion goes down the toilet because as soon as you get to the range you have to put it back into the case. "No uncased guns at this point"

 

Just a couple of guesses. It's not about "need" it's about "can"

 

Do I get the coupon?

[Newtonian 453]

I want that coupon.

 

Here's a guess. The rack isn't so much about driving around with it every day for no reason. But what if you were driving to the range. Why not put it in the rack? Why do fisherman put their rods in those white cups in the front grill of the truck when there is room in the back?

 

I dunno maybe they will say "because it is made for here". Maybe some NJ guys want to express their freedom for the limited amount of minutes driving to or from the range? Or to from a hunt?

 

Now this whole notion goes down the toilet because as soon as you get to the range you have to put it back into the case. "No uncased guns at this point"

 

Just a couple of guesses. It's not about "need" it's about "can"

 

Do I get the coupon?

Dang we just tossed it. How about a 20% off Bed Bath & Beyond ticket? Message me your details and I'll send you the next one we get in the mail. I'll meet you in the Dunkin Donuts parking lot across from STS and ShopRite.

 

With all due respect, out of staters who read this thread have got to pity us for being such pathetic pussies. Our masters let us drive around with what are essentially unwieldy clubs and we pretend we're Clint Eastwood in Pale Rider. We can't load 'em and we can't get out of our car with 'em except to strut about. Yeah I've walked down roads with my 12-gauge open, unloaded. I'm camo'd etc., license dangling from my orange vest, FPID in my wallet which I would dutifully hand over as I crap myself. Yawn. Look out world for this mean, bad, 2nd Amendment-loving killer of semi-stunned birds!

 

Allahu akhbar! Death to pheasants!

[jackandjill 683]

There is some good, NJ law related stuff in this thread. I request not to post things here that would send this over to 1A pit. Appreciate it.

[Bushmaster1313 61]

"at least one New Jersey Appellate Court has held that it must be a business owned by you and not merely the place that you work. Get nabbed with a handgun at work and it's bad day at the office."

 

Does anyone have the name or citation for this case?

 

From 1973:

 

The Superior Court of New Jersey, Appellate Division . . . held in State of New Jersey v. Valentine(124 N.J.Super. 425) that a statutory exception permitting one to keep or carry about a firearm at his place of business or dwelling would not be extended to include the manager of a bar owned by another. In Valentine, the defendant was convicted of possession of a revolver — carrying a weapon on his person in a public place without a permit in violation of section 2A:151-41 of the New Jersey Statutes.

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