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Lead_Nocturne

WTH is a "Residence" or "Dwelling"

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Here's the law:

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It is unlawful to knowingly have in your possession a:

1. Handgun, including any antique handgun, without first obtaining a Permit to Carry. No distinction is drawn between carrying openly or concealed.

2. Rifle or shotgun without first obtaining a FID card. It is Illegal to carry a loaded shotgun or rifle in any vehicle

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.

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I'm paying particular attention to: "residence, premises or other land owned or possessed by him" and "dwelling". What's the legal meaning of these terms? Can I define my grandma's house as a residence if I've been there before? What if my grandma moves to a new house and I've never been there before but I could stay there if I wanted to? What if I stay in a hotel? Is dwelling the same as residence?

 

Sorry but I've been reading about the Aitken story and this is making me cuckoo. We need shall issue permit to carry so badly it would make this BS disappear quickly. 

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1 hour ago, Lead_Nocturne said:

Here's the law:

--------

It is unlawful to knowingly have in your possession a:

1. Handgun, including any antique handgun, without first obtaining a Permit to Carry. No distinction is drawn between carrying openly or concealed.

2. Rifle or shotgun without first obtaining a FID card. It is Illegal to carry a loaded shotgun or rifle in any vehicle

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'm paying particular attention to: "residence, premises or other land owned or possessed by him" and "dwelling". What's the legal meaning of these terms? Can I define my grandma's house as a residence if I've been there before? NO, It's not your property, owned by you! What if my grandma moves to a new house and I've never been there before but I could stay there if I wanted to? NO, It's not your property, owned by you! What if I stay in a hotel? NO, It's not your property, owned by you! Is dwelling the same as residence? NO, It's not your property, owned by you!

 

Sorry but I've been reading about the Aitken story and this is making me cuckoo. We need shall issue permit to carry so badly it would make this BS disappear quickly. 

IANAL but unless you own or rent the property as your primary residence or a business owned by you, you cannot carry on that property!  If I am wrong, others more knowledgeable than me will correct my statements!

OH, and get a FID card...It has benefits!

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1 hour ago, Lead_Nocturne said:

2. Rifle or shotgun without first obtaining a FID card. It is Illegal to carry a loaded shotgun or rifle in any vehicle

Umm,  this looks wrong to me!  Where did you get this?  It is ALWAYS Illegal to carry a loaded shotgun or rifle in any vehicle!

With a NJFID you may carry an UNloaded rifle or shotgun but never loaded! Again, where did you copy this from? It's wrong and dangerous information!

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17 minutes ago, JohnnyB said:

Umm,  this looks wrong to me!  Where did you get this?  It is ALWAYS Illegal to carry a loaded shotgun or rifle in any vehicle!

With a NJFID you may carry an UNloaded rifle or shotgun but never loaded! Again, where did you copy this from? It's wrong and dangerous information!

You and the OP are saying exactly the same thing.  

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1 hour ago, Lead_Nocturne said:

It is unlawful to knowingly have in your possession a:

2. Rifle or shotgun without first obtaining a FID card. It is Illegal to carry a loaded shotgun or rifle in any vehicle

Just now, WP22 said:

You and the OP are saying exactly the same thing.  

No!  OP's post is saying without a NJFID it is illegal to carry a loaded long arm!

Even with a NJFID, it is illegal to carry a loaded long arm! Do you not see the problem with his post?

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41 minutes ago, JohnnyB said:

Umm,  this looks wrong to me!  Where did you get this?  It is ALWAYS Illegal to carry a loaded shotgun or rifle in any vehicle!

With a NJFID you may carry an UNloaded rifle or shotgun but never loaded! Again, where did you copy this from? It's wrong and dangerous information!

I just copied and pasted the law right from the FAQs on this forum. That sentence is not implying that you can have a loaded long gun if you have an FID. It's just written poorly like a non-sequitur. It is saying exactly what you are saying...that it is always illegal to have a loaded long gun (or any loaded gun) in a vehicle.

 

But in terms of residence or place of storage, for handguns specifically, what defines a residence? Ie where can a person legally keep a handgun and have it be considered an exemption. 

 

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I'm too tired at this time of night for my usual diatribe.  Can anyone copy & paste it for me so this OP (a Newbie) gets the right info?

We do literally need to have a post-it note for this.

Thx

Rosey

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14 hours ago, JohnnyB said:

No!  OP's post is saying without a NJFID it is illegal to carry a loaded long arm!

You're missing the period there, it's not what he said.

16 hours ago, Lead_Nocturne said:

2. Rifle or shotgun without first obtaining a FID card. It is Illegal to carry a loaded shotgun or rifle in any vehicle

... obtaining a FID card.  PERIOD (next sentence)  It is illegal to carry a loaded ...  :)

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16 hours ago, Lead_Nocturne said:

I'm paying particular attention to: "residence, premises or other land owned or possessed by him" and "dwelling". What's the legal meaning of these terms? Can I define my grandma's house as a residence if I've been there before? What if my grandma moves to a new house and I've never been there before but I could stay there if I wanted to? What if I stay in a hotel? Is dwelling the same as residence?

You're missing the key use of the possessive word "his" combined with "dwelling":

16 hours ago, Lead_Nocturne said:

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.

"His dwelling" meaning  he has a legal right to live there.  Do you get mail there?  Do you sleep there?  Are you on a lease or deed?  Does your ID have that as your address?  Do you live with mom and dad or relative?

15 hours ago, JohnnyB said:

IANAL but unless you own or rent the property as your primary residence or a business owned by you, you cannot carry on that property!  If I am wrong, others more knowledgeable than me will correct my statements!

"Primary residence" doesn't matter in this case.

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3 hours ago, tomk62 said:

You're missing the key use of the possessive word "his" combined with "dwelling":

"His dwelling" meaning  he has a legal right to live there.  Do you get mail there?  Do you sleep there?  Are you on a lease or deed?  Does your ID have that as your address?  Do you live with mom and dad or relative?

"Primary residence" doesn't matter in this case.

Thanks this is exactly what I was asking. So any place with a legal right to be there even if I don't own the property? 

I'm just theorizing different situations like if I could bring the handgun to a friend or relatives house to stay for a week. I would definitely avoid doing that I just wanted to know the legality. 

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14 minutes ago, Lead_Nocturne said:

Thanks this is exactly what I was asking. So any place with a legal right to be there even if I don't own the property? 

I'm just theorizing different situations like if I could bring the handgun to a friend or relatives house to stay for a week. I would definitely avoid doing that I just wanted to know the legality. 

I would say you would be on thin ice in that situation. A residence is somewhere that you live. Common usage does not equate that with somewhere you sleep while temporarily visiting.

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9 minutes ago, Mr.Stu said:

I would say you would be on thin ice in that situation. A residence is somewhere that you live. Common usage does not equate that with somewhere you sleep while temporarily visiting.

I agree. As tomk62 said it's better to have something like an ID, mail, lease, deed, etc. Also it's illegal anyway to take a handgun from a legal residence that one might have those things for directly to a friend or relatives house if not moving there. 

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56 minutes ago, Lead_Nocturne said:

Thanks this is exactly what I was asking. So any place with a legal right to be there even if I don't own the property? 

I'm just theorizing different situations like if I could bring the handgun to a friend or relatives house to stay for a week. I would definitely avoid doing that I just wanted to know the legality. 

I'm not an attorney , but it sounds like you're trying to slice and interpret the gun laws in a way that allow you a free pass if you got caught holding/carrying a gun somewhere other than YOUR property/business/home.

Don't do it.  It's not there.

If you're staying with a friend or relative for a week, don't bring your gun.

Think "point A to point B".

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19 hours ago, JohnnyB said:

No!  OP's post is saying without a NJFID it is illegal to carry a loaded long arm!

Even with a NJFID, it is illegal to carry a loaded long arm! Do you not see the problem with his post?

"It is Illegal to carry a loaded shotgun or rifle in any vehicle."

"It is ALWAYS Illegal to carry a loaded shotgun or rifle in any vehicle!"

 

The only difference between what OP posted and what you posted is the word "ALWAYS".

Nobody is arguing differently or making any contradictory statements.

  • Agree 1

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49 minutes ago, 124gr9mm said:

I'm not an attorney , but it sounds like you're trying to slice and interpret the gun laws in a way that allow you a free pass if you got caught holding/carrying a gun somewhere other than YOUR property/business/home.

Don't do it.  It's not there.

If you're staying with a friend or relative for a week, don't bring your gun.

Think "point A to point B".

Agreed. Never do this if staying only temporary.

 

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5 hours ago, 124gr9mm said:

I'm not an attorney , but...

If you're staying with a friend or relative for a week, don't bring your gun.

UNLESS

**You are a Certified Instructor and you are going to their house to conduct training.**

Dry fire is better than no trigger time at all

Speer plastic bullets (primer only, no powder) are great in revolvers where you can set up a 7 yd range and not have the 'primer dust' be a problem on the floor covering. (I like the bare concrete on a warehouse floor or loading dock)

Live fire when you take them to the range.

Places of training are exempted locations.

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