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MosinRob

Actual law for transporting long gun

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Unloaded? Walk down the road to your local Walmart, then detour to the deli and pick up a sub, then off to the 7-11 for a big gulp, then to the range if you like.

 

EDIT: Misread, you know it's legal but are looking for actual law that says it is. My bad :)

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So what's the deal.. I now live in PA.. if I want to come to NJ to one of the shotgun shootouts am I within the law to bring a shotgun across state lines even though I do not have an FID card anymore?

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can someone post the actual law on how it's legal if you have a FID to transport a long gun and make a deviation? Thank you.

NJS 2C:39-5c

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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Actual law (non-applicable sections removed):

 

2C-39-5: 

 

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.

(2)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.

 

 

If you have an FID and the long gun is unloaded, that's the end of it.  No exemptions needed, no deviation limitations, no storage/lock requirements, etc. (However, you must also comply with the gun free locations detailed elsewhere in the law).

 

 

If you DON'T have an FID, you must meet one of the exemptions in 2C:39-6.   Typically section section "e" (home/business) or "f" (to the range) as detailed below:

 

(3)     A person transporting any firearm or knife while traveling:

...

(b)     Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder

 

While relying on this exemption, you must transport as follows:

 

 g.     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.

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So what's the deal.. I now live in PA.. if I want to come to NJ to one of the shotgun shootouts am I within the law to bring a shotgun across state lines even though I do not have an FID card anymore?

 

Provided you transport per section g of 2C:39-6, yes.     The unloaded gun must be in a fastened/tied case or in the locked trunk and you cannot deviate to any other location.

 

The gun must also be NJ legal.   Anything goes on pump shotguns, but semi-autos have some restrictions.

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If you have an FID and the long gun is unloaded, that's the end of it. No exemptions needed, no deviation limitations, no storage/lock requirements, etc. (However, you must also comply with the gun free locations detailed elsewhere in the law).

 

Are you saying that if you have a FID you can drive around with an unloaded otherwise legal rifle on the front passenger seat of your car?

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If you have an FID and the long gun is unloaded, that's the end of it. No exemptions needed, no deviation limitations, no storage/lock requirements, etc. (However, you must also comply with the gun free locations detailed elsewhere in the law).

 

Are you saying that if you have a FID you can drive around with an unloaded otherwise legal rifle on the front passenger seat of your car?

YES!   Or show a NJ 2C (or other) code that prohibits such possession / carry.

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Are you saying that if you have a FID you can drive around with an unloaded otherwise legal rifle on the front passenger seat of your car?

 

Yes, that's what he's saying and it is correct.

 

A FPID is a carry permit for long guns.  In fact, older FPID cards did indeed say Purchase and Carry on them.

 

 

 

.

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We should test this out and all meet up for a unloaded long gun open carry meet.... Like Nappen says keep his card on you if you plan on driving down the road hanging it out the window. With the fid I feel comfortable making deviations or taking them to a friends house but not sure I'd leave it on my passenger seat or walk down the road with it. NJ laws are hard enough to understand and you know a cop will arrest you anyway.

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We should test this out and all meet up for a unloaded long gun open carry meet.... Like Nappen says keep his card on you if you plan on driving down the road hanging it out the window. With the fid I feel comfortable making deviations or taking them to a friends house but not sure I'd leave it on my passenger seat or walk down the road with it. NJ laws are hard enough to understand and you know a cop will arrest you anyway.

I've walked down the street with an Uncased unloaded long gun 100 times. During hunting season. Cops have driven by and didn't even slow down. I guess in Sussex County it's kind of a normal thing to see between November and February.

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So with FPID, loaded mags ok? But without, that constitutes a loaded gun?

 

I was pretty sure loaded mags are -not- ok. Thought I read that here..... Searching.......

 

Edit: ok. That was Nappen's advice. But I see elsewhere that it's not the law. Nothing to do with FPID.

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So theoretically you could have an unloaded long gun and loaded magazines in the car and be OK with a FID?

 

You are definitely OK with an unloaded long gun.  I believe there could be some discussion about the legality of the unloaded mags, as that appears

to be a bit of a gray area.

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You are definitely OK with an unloaded long gun.  I believe there could be some discussion about the legality of the unloaded mags, as that appears

to be a bit of a gray area.

 

it doesn't seem to be grey area to me looking at the exemptions.  but there is enough discussion on the topic that i'd recommend people that do decide loaded mags are ok to be cautious

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You would be within the law.

PK90, you have been around here for longer than I am. Wondering if you ever had chance to talk to NJSP FIU about transportation of unloaded long guns with FPID ?  To an inquiry, I got an email from NJSP FIU Head (Lt), insisting that one must follow 2C:39-6(g) even after having obtained FPID.

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Yes, that's what he's saying and it is correct.

 

A FPID is a carry permit for long guns.  In fact, older FPID cards did indeed say Purchase and Carry on them.

 

 

 

.

 

 

I live in PA, but still have my FID card, is that still valid or does it need my current address?

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PK90, you have been around here for longer than I am. Wondering if you ever had chance to talk to NJSP FIU about transportation of unloaded long guns with FPID ?  To an inquiry, I got an email from NJSP FIU Head (Lt), insisting that one must follow 2C:39-6(g) even after having obtained FPID.

 

I've talk to Prosecuting Attorneys and Investigators. All have said once you have obtained your FPID, you may transport a long gun with deviations. YMMV.

 

I live in PA, but still have my FID card, is that still valid or does it need my current address?

 

By the letter of the law, it is still valid, as only becoming a prohibited person makes it invalid. YMMV.

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PK90, you have been around here for longer than I am. Wondering if you ever had chance to talk to NJSP FIU about transportation of unloaded long guns with FPID ? To an inquiry, I got an email from NJSP FIU Head (Lt), insisting that one must follow 2C:39-6(g) even after having obtained FPID.

Well my best friend (he was in my wedding) is the COUNTY PROSECUTOR (for a very urban county let's leave it that no need to out him) and he exactly tells me "have FID carry long gun anywhere unloaded, expect to get arrested though if you're driving around in a car with it hanging out, but you have not broken the law"

 

So I put it out there again. Do you believe the info coming from the guys who don't want guns in the streets? (The police) C'mon.

 

And with this I am officially retiring from trying to defend the law correctly on this board. The point just never gets believed.

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