Everything posted by Dewhitewolf
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Could Someone Lead me to the Federal Statute
I have heard horror stories about NY airport police ignoring the federal laws on interstate transport and prosecuting people. My recommendation--find another airport to fly from. I flew to Nevada with a declared handgun out of Newark. Fortunately, I had no problems. Even so, I'm tempted to consider flying out of Lehigh Valley, PA next time. To look up the law itself, the citation is 18 USC
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transport question
During your stay, the law of the state you are in applies. Unless you are in a gun hostile state, you are okay as long as you exercise common sense.
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transport question
The Firearm Owners Protection Act shields you from state law when transporting firearms across state lines, as long as you follow the law's guidelines: --the firearms are legal in the state of origin; --the firearms are legal in the state of destination; --the firearms are unloaded; --the firearms are secured in a trunk or otherwise inaccessible to the passenger compartment --you make no stops (except for emergencies or fuel). You can read the provision here: http://www.law.cornell.edu/uscode/html/ ... A000-.html
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Any difference in LEO and CO CCW
Many areas are still not totally understood because it is relatively recent legislation and mostly untested in the courts. Recent attempts have been made to clarify some of those areas. It has been tested in courts in NY, NJ, as well as the federal courts. The attorney who has argued this law in court (successfully) more than anyone else is Steve Mannion. He hosts a seminar on this law which I attended. As of November, he was waiting for the first test case of an active LEO being fired for carrying off duty. Information about his seminar can be found here: http://hr218leosa.com/
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Any difference in LEO and CO CCW
Departments can prohibit officers from carrying department owned weapons, but not their own, under LEOSA. NJ's carry permit for retired officers meets the requirements set forth under LEOSA, which include annual qualification and certification that the individual is eligible under the Act. So yes, under LEOSA it is still required.
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Any difference in LEO and CO CCW
CO's are covered under LEOSA if they are authorized (even if for limited purpose) to carry a firearm, AND they have statutory power of arrest. Example, if they can legally place a visitor under arrest for violations committed on facility grounds, then the CO's fall under the definition of qualified LEO under LEOSA.
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CCW Question
When you apply for either a Utah or Florida license, the background check that is performed only checks your background. The FBI does not know what the checks are for; they only know that state agencies are asking for checks on an individual (whether it is for a non-criminal purpose or for an arrest). Ask your friend why he thinks you'll receive a visit from a federal agent. Perhaps he's just trying to rouse you.
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Night Sights, Who's Got em?
I took advantage of a deal a few years ago when SigSauer installed night sights and did a performance check real cheap. I like having them. The only time I got to "use" them was when I was taking my tactical course a few years ago, which included a night shoot.
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Florida CCW
If I remember correctly, any active law enforcement agent can do the fingerprints. It does not need to be done by an officer of your town or even your home state. It just has to be done by an active (not retired) LEO. Notaries can be found in lots of places: the local library, stationery stores, UPS stores, funeral homes, and as Pete said, most banks. Just bring sufficient ID that matches the name and address on the application (the notary only needs to know that you are the person who is signing the application).
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Sig Sauer P226 NYPD
That's not the same as the Sig's with the DAK triggers, is it? I thought that the DAK models were supposed to be double action only, but with a lighter than usual trigger pull?
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Gun Permits
You don't have to be a member of ANJRPC to report this. They want to know about it either way.
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Law Clarification please
It sounds to me like the dealer wants to protect himself. In a situation like you described, those same actions could have been carried out by persons attempting a straw sale. In the current anti-gun climate, I don't blame him. The only thing I can suggest is don't do or say anything that could be misinterpreted. It's not worth the debate with the salesman (an argument you won't win, even if you're right). I was at a gun store once with a friend--they wouldn't let either of us look at a rifle because my friend didn't have his FID, though I had mine. Salesman said that because we were together, we both need to present FID's to look at a rifle.
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Transferring Handguns
You both live in NJ, correct? If so, then you should be all set with getting purchase permits for the pistols. For the shotgun, just use the certificate of eligibility.
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New Evan Nappen Books?
I have Nappen's new book. It's the first time I ever bought one of his books. I know previous editions were sellling for almost $400 on ebay (based on what a few people on here said). I recently lent it to a retired NYC cop who's now living here. He made it very clear that he's going to get his own copy; he knows that his retired status won't automatically protect him from prosecution, so he's going to use this book to help him be compliant. It is a great book, well worth the money. It will educate you enough about the law, so that if you ever need an attorney's advice, you'll understand that advice better.
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This guy earned the death penalty, make it happen Christie
Thanks to the Corzine administration, NJ has abolished the death penalty. I remember hearing about it on the news, that NJ was wasting money fighting the appeals, because the legislature created so many appeal processes for those sentences. Because of those appeals processes, it was unrealistic to expect anyone to be executed anyway. Personally, I'd like to see it brought back, and used only for cases of murder, terrorism, and kidnapping.
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Where to find laws regarding use of deadly force?
NJ's self defense law is very complex and cannot realistically be summarized in a few sentences. The statute for use of force in self defense is 2C:3-4. For defending another person, it is found in 2C:3-5. For use of force to protect premises or personal property, 2C:3-6. You can look these statutes up in the state legislative webpage. http://lis.njleg.state.nj.us/cgi-bin/om ... Frame_Pg42 After reviewing these statutes, you should also contact an attorney. The statutes do not include any provisions from the state administrative code, attorney general guidelines (either of which can expand or limit the meaning or scope of the laws), nor does it include any case law. NJ Firearms Academy offers a course in Use of Force and Force Options. www.njfirearms.com
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Clifton high schoolers charged in gun transaction
Quick question here: how do you fit 5 ziploc bags of marijuana in a back pants pocket?
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Know-It-Alls
funshop? Never heard it called that before. At first, I thought it was a typo, but now I think it was intentional. I like that term. Anyway, I too have had encounters with "self-righteous know-it-alls," like the local badgeheads who make up gun laws as they go along. Topping the list is their claim that transporting firearms across state lines is "interstate gun-running" and is a federal offense. I do agree with the comments about using this forum to educate people. As one person said to me a long time ago, "ignorance is cured by learning."
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Bringing guns to PA
PA is very gun friendly. Just exercise the same caution you would use when in NJ, and you'll be fine. PA has no laws against non-residents bringing in firearms. Keep in mind that if you do have a carry permit/license, you are limited to carrying handguns; FL's concealed license allows holders to carry anything that's a weapon under FL law, but that only applies in FL.
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I understand that transportation of hollow point ammo is
Here's a more practical question: do you want to become the test case? From a realistic point of view (and Nappen even says this), when charged with weapons offenses, you are guilty until proven innocent. All weapons possession is banned, and you are only legally doing so if you fall within an exemption (which the courts narrowly construe). It is up to you to prove in court that you were within those exemptions. Do you think you can convince a judge that it's perfectly legal to drive around with ammunition in your trunk? Police can arrest you if you have a hollow point bullet for a keychain (the statute does not specifically require it to be a live round or even an entire cartridge). Do you really want to take the chance with a few boxes of live ammo in your car?
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Are rifles registered in NJ? If not, does this mean
Not registered, per se. But they can check the records of FFL's to determine who purchased what. Same with handguns, really. They are only registered to NJ, if they are purchased in NJ. If you moved here from another state and brought handguns with you, there is no requirement to register them.
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Does anyone have experience with transporting through NY?
Just transport your firearm(s) unloaded and in the trunk. Drive through the state--don't stop for sight seeing. You may stop only for fuel or emergencies (i.e., flat tire). If you get pulled over, don't volunteer anything. IF they ask, don't consent to a search. IF they proceed with a search, say that the search is without your consent, then invoke your right to an attorney. At this point, they are not your friends, no matter what they tell you.
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NJ resident keeping guns in other states?
As long as it is legal to bring a firearm into Connecticut, I don't see any problem. It's legal for us to transport firearms into "free" states; I don't see why it would be illegal to leave them secured there. I know some gun clubs have lockers where members can leave their guns. I remember reading an interesting article about a similar phenomenon in Switzerland--a lot of British gun owners were storing their guns in Switzerland to prevent them from being confiscated.
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contact employer while applying for permit?
I had this problem with my company as well. No one wanted to deal with the letter sent by the police, so they forwarded it to the legal department, who simply threw it out (they have no obligation to return it, nor do they obtain anything if they do). Last time this happened to me, I contacted the state police firearms division. They told me that it is not required by statute to get an employer's reference, and I cannot be denied simply based on my employer refusing to send it back. I then spoke to the local PD officer that handles these, and told him to contact the state police firearm division for that question. He refused, so I filed a complaint against the officer, then filed a complaint against the police with the mayor's office. Two days later, I got a phone call telling me my permits were approved.
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Recommended training facilities
I have taken courses through NJ Firearms Academy. I found the instructor very knowledgeable. www.njfirearms.com