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Alex V

Visiting NJ with an "OTHER"

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So here's a fun question:

Since I moved out of NJ a year ago, none of my ARs are compliant any longer.  I never leave the house unarmed now, and would like to continue that when I come to see family in NJ. 

Here's the question: I have a pistol lower, I take the 11.5" upper of my registered SBR, slap it onto the pistol lower, add a VFG and I have an "other"  Still have a couple 10rd mags.  Following all NJ transportation laws, unleaded, in the trunk, blah blah blah.  Good to go?

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As I read the statutes you cannot just ride around with a non-NFA firearm - ironically because of the gap in the laws that enable non-NFA firearms to exist in the legal sense.

2C:39-5.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...

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.

As an non-NFA is neither a handgun nor a rifle the above does not apply. Therefore, you're now stuck with 

 

2C:39-5.d. Other weapons.  Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

Sadly NJ does not recognize self defense as a lawful use so I think you're SOL with a non-NFA firearm. Even with an FPIC, you can't be in possession outside the exemptions for to/from the range, FFL, home, etc.

PS. IANAL and did not sleep in a Holiday Inn Express last night.

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That's fair Ms.Stu.  I doubt I would ride around with it, let alone with out of state plates.  I would imagine it being left at the location where I am staying within the state.  The idea is to not be unarmed should SHTF so far away from (new)home.

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7 minutes ago, fishnut said:

Just don't go back to jersey. Problem solved.

It was 2 years I left NJ and ain't going back any time soon. I carry my shield or S&W 649 on me every along with an AR in my vehicle. 

I wish, but mom, dad and grandma are still in NJ. Other grandparents are still in NY.  Wife’s whole family is in NJ. We are going to be coming back there on a regular basis for some time to come. 

 

With all the craziness lately I’ve been rolling with my SBR in the truck with a 60rd drum. Usually a full size M&P or Shield as backup. 

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The statutes above are for the unlawful possession of weapons and does not cover the exemptions that allow for transporting weapons in this state for a LEGAL reason. 

AFAIK, the only weapons in this state that are not limited in where they may be transported is rifles and shotguns with an FPID.. everything else is restricted.

 

This is what you have to work with to transport an "other" legally in state.

"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 the 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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Do you really have an "other"? Lower was transferred as an other and not as part of a complete pistol or rifle that you are now  putting together to make a claimed other

If so,  you can legally bring it in to NJ and once you cross into the State you are controlled by what is quoted by the prior poster and also:

f.Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:

(1)A member of any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from a place of target practice, carrying such firearms as are necessary for said target practice, provided that the club has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent and provided further that the firearms are carried in the manner specified in subsection g. of this section;

(2)A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;

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

(a)Directly to or from any place for the purpose of hunting or fishing, provided the person has in his possession a valid hunting or fishing license; or

(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; 

So, you can take it to the range here and keep here if you also have a residence here. Probably a good idea to get a non resident FID here anyway. 

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1 hour ago, SJG said:

Do you really have an "other"? Lower was transferred as an other and not as part of a complete pistol or rifle that you are now  putting together to make a claimed other

If so,  you can legally bring it in to NJ and once you cross into the State you are controlled by what is quoted by the prior poster and also:

f.Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:

(1)A member of any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from a place of target practice, carrying such firearms as are necessary for said target practice, provided that the club has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent and provided further that the firearms are carried in the manner specified in subsection g. of this section;

(2)A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;

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

(a)Directly to or from any place for the purpose of hunting or fishing, provided the person has in his possession a valid hunting or fishing license; or

(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; 

So, you can take it to the range here and keep here if you also have a residence here. Probably a good idea to get a non resident FID here anyway. 

Lower was purchases as as a complete lower with brace. Not as a complete pistol or rifle. 

I doubt they are gonna go looking for that 4473 and there is no NICS record since you don’t need NICS if you have a CCW here. 

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18 hours ago, Alex V said:

I wish, but mom, dad and grandma are still in NJ. Other grandparents are still in NY.  Wife’s whole family is in NJ. We are going to be coming back there on a regular basis for some time to come. 

 

With all the craziness lately I’ve been rolling with my SBR in the truck with a 60rd drum. Usually a full size M&P or Shield as backup. 

My parents and brother are in jersey along with my wife's parents, they all love to have a free place to stay in the white mountains.  All our grandparents are have died though, thats when we left NJ. 

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