Everything posted by Dewhitewolf
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Legal ownership tranfer
Rifles and shotguns must be NJ compliant. If they're not, leave them in PA. Any handguns must be transferred through a FFL, and you will need a purchase permit for each one (even though you are not buying them).
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question about a lawyer
Evan Nappen still maintains a practice in NJ, along with two like-minded partners. He resides in New Hampshire but still travels to NJ for cases.
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Selling handgun to someone out of state?
I suggest getting something from the dealer acknowledging that you transferred it to him. In several cases, individuals arrested in NJ, and were ordered to surrender all firearms, were held on contempt charges because they could not prove that they traded a gun in to a dealer. The state still had on file the purchase permits, which were prima fascia evidence that the defendants still had them. State law does not currently require that dealers notify your local or state police if you trade a handgun in or otherwise transfer it.
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PA Non Res CCW - Requires NJ CCW (Booooo)
Why does a FL license not allow you to carry while passing through a school district?
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Another blow for justice, law, and order in the US of A.
At least the town residents, and a few town council members, are reacting to it and condemning the mayor's actions and defending the officer.
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Carrying on person at business
The statutes do not specify open or concealed carry when at one's business or residence. I always recommend to those wishing to carry at their place of business to consult an attorney about legal liabilities. It's better to know up front about the potential criminal and civil liabilities than to experience them after the fact.
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New Evan Nappan Book on NJ Gun Laws
I bought a copy and have been looking through it the past few days. It is definitely worth the investment. It's in a simple to read, question and answer format, listed by topic. It is the best advice you can get without paying an attorney by the hour. The courts expect you to be fully compliant with the gun laws of the state. The state attorney general is forbidden by statute from answering legal questions to private citizens, so we cannot get help there. Since none of us are really experts, and since the state does not make gun owners aware of the peril they are in, it is important to have a resource to keep us from inadvertently breaking the law and going to prison. This book is a lot cheaper than the legals costs of a criminal defense to a charge that would not even qualify as a misdemeanor in other states.
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N.J. concealed weapons carry permit
LEOSA cards are not issued by the federal government; they are issued by whatever entity each state authorizes. For retired LEO's in NJ, the process is still the same as it was before; the only difference now is that Corzine made the process a little easier (probably to win the support of the police unions). Retired LEO's living in NJ who wish to get a card for LEOSA purposes still have to qualify semi-annually, under an instructor who meets the standards established by the attorney general. To answer the question as to why a private citizen with a NJ carry permit must only qualify once a year, whereas a retired LEO must qualify twice a year, is because the laws were written at different times by different legislatures. Furthermore, I have a theory that the legislature wanted to discourage retired LEO's from carrying, by imposing restrictions: must apply within six months of retiring (repealed this year); maximum age of 70 (changed this year to 75); right lost permanently if not renewed for two years; and the whole thing was at the expense of the individual.
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New Evan Nappan Book on NJ Gun Laws
Does anyone have an idea where this book can be purchased besides online? I went to the Friends of NRA dinner, hoping to buy one, but I only had a credit card, and they only took cash or checks.
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CCW permits - why not Texas?
Perhaps not as many people know that Texas will issue to non-residents. Florida's license can be applied for through the mail. Can a Texas license be ordered by mail, or does it have to be done in person like some other states?
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NJ Gun Law from ICLE
Thanks for posting. I'd be interested in this.
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Hi all, new with some question.
There is no law against owning firearms on rented property. Unless there is a prohibition in the lease, it is your home just the same as a house, under the common law rule of right to exclusive possession. However, continue living off campus, as Rutgers University no doubt has rules against having firearms in any of its dorms. You also cannot purchase or be given a handgun until you are 21. It used to be that you could purchase at 18, just not from a dealer. NJ closed that loophole, I believe back in the Whitman administration. If you do purchase a rifle or shotgun, make sure you take precautions so that your roommates can't have access to it.
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Gun Show Video and Poll Today, 10-7
A hidden camera video reveals private investigators hired by NYC to detect how easy it is to purchase a gun illegally. Be sure to vote in the poll what you think about whether you think the city overstepped it's boundaries. http://www.nydailynews.com/ny_local/200 ... _gun_.html
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Hypthetical question for our LEO's on the board
I don't know of any precedent allowing for defense of a pet animal. However, a few things to consider regarding NJ: --If you are charged with an offense after doing this, it is ultimately the police dept's discretion whether they want to pursue it. I would not bet on being let off the hook; cops these days don't seem to approve of gun ownership since we civilians are not skilled or responsible enough. --Claiming self-defense, or defense of another, falls under a category of affirmatie defenses. When you claim an affirmative defense, you are not contesting the prosecution's accusation that you committed an act, you are simply trying to justify it. Therefore, the burden of proof (beyond a reasonable doubt) shifts from the prosecution onto the defense. --Self defense and defense of others is clearly defined by statute, not by court precedent. The jury will be instructed to determine whether your self defense claim neatly fits the self defense statute (this leaves very little room for interpretation). If it does not, then the jury will return a guilty verdict. --If you are caught, my advice is to listen to Nappen: 1. remain Silent, 2. request to speak to an Attorney, 3. don't Consent to anything! Doing these will preserve your rights before trial, and weaken the prosecution's case (hopefully to be dropped or dismissed with prejudice). It can never be used against you that you invoked your rights!
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News 12 Poll: NJ Gun Laws Unconstitutional?
News 12 NJ has a poll out today asking about NJ's Gun Laws: Do you think the state's gun laws are unconstitutional? --Right to bear arms, enough said --No, as long as they keep us safe Be sure to click here today and cast your vote! http://www.news12.com/index.jsp
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Fun Targets
Hahaha, that's awesome! I love those targets!
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PEDIATRIC DOCTOR VISIT
Why not do this--create a "blacklist" of doctors who insist on knowing this information, so we know not to go to them!
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Mayors Against Illegal Guns
The mayor of my town (Mt. Olive Township) wasa menber of this. I wrote a letter to him, asking him to withdraw. At least two other gun owners in town that I know of also wrote him a letter. He eventually withdrew his membership in that organization. From one of the other folks that wrote to him, I heard that he regarded the incident as a misunderstanding as to the organization's mission and goals.
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PA and Upstate NY Camping with Firearms?
It is perfectly OK and legal for you to apply for non-resident hunting licenses. In fact, it is required if you plan on hunting in another state (hunting licenses, as well as fishing licenses, are not reciprocated between states). The purpose of a hunting license is to collect a fee to pay for the state's department of wildlife (or fish and game, whatever the state calls it).
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UNLAWFUL POSSESSION N.J.S.A. 2C:39-5c(1)
I sent emails to my district's representatives about this incident. I have also emailed it to the ANJRPC. I have received responses that they will look into this incident. Does anyone else have suggestions as to where else I can send this story where someone might listen?
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Maximum # of handguns???
And remember, you can't own any assault shoes in NJ.
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Front Sight's 2 day course special
I took advantage of a Front Sight deal a few years ago--lifetime membership plus a glock pistol and gear for $2000! I took the four day defensive handgun course. The only reason I haven't gone back is because I could not afford to (airfare, hotel room, car rental, etc. all add up). As soon as I get over my current medical issue, I'm going to get a second job to save up for another trip out there, hopefully by spring.
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HAS ANYONE EVER APPLIED FOR A CCW?
Smity, next time you come across these cases, post the citations--I'd be interested in reviewing some of them.
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UNLAWFUL POSSESSION N.J.S.A. 2C:39-5c(1)
I just read that link about Aitkin. Anyone know any further details? This is the first I'm hearing about it. I have a few problems with the article, though. The author must have been misinformed or something, because the article states, "He was also informed that he could apply for a Concealed Carry Permit." Since when does the state police inform citizens that they can apply for a carry permit, considering NJ's strict regulations preventing citizens from being approved? Another problem I have is how did the police get consent to search his vehicle? NJ's Supreme Court ruled in 2002 (State v. Carty 170 N.J. 632) that police cannot even ask for consent to search a vehicle incident to a traffic stop; consent through intimidation is not consent at all. Anyone know who's representing this man?
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UNLAWFUL POSSESSION N.J.S.A. 2C:39-5c(1)
You don't need a NJ Carry Permit to purchase or possess handguns. A carry permit is only required to carry a handgun out in public for protection purposes. It is not required for possession at home or transporting to or from a range or other legitimate activity (provided it is unloaded and secured in the trunk or locked case). Additionally, you only need a permit to purchase when buying a handgun in NJ; if you move here from another state and you bring firearms (which you legally owned in your former state), you are allowed to continue owning them without documentation or registration.