GRIZ

There are thousands of other cops that know the law and never make You Tube.

I don't think he will prevail in an appeal. He was asked if he had any guns. He said no. The cops see gun cases. Now what would a reasonable person believe is in a gun case? A gun perhaps? Does this guy deserve any jail time? I don't think so but the assinine NJ law says so. On the other hand I'm sure this guy could have copped a plea but insisted on going to trial but didn't show up for it. That didn't help him.

I'm a retired LEO. What I discussed is the system which I don't agree with 100% but it is the system. Believe it or not the system works two ways. How did they know you have a safe? There has been way too much speculation on this thread. Will they take the gun you used? Yes. But to take all your guns there has to be some basis in law for them to do so. If you are not arrested I cannot see any way they can take all your guns. If anyone can come up with a reason let us know. Don't give us that "they'll do what they want" as that is not true.

If he doesn't give his address he will continue to be held withou bail. This is how he's creating the situation so he looks like a martyr. All showmanship on his part.

It was "regular" commercial ammo. Not sure of the make or bullet weight. Even though I have adequate supply of M2 ball and equivalent reloads, I keep a couple of adj plugs around just in case.

I have seen oprods damaged in a couple of hundred rds. if you want to shoot that ammo get an adj gas plug.

That will work too but you may need to adjust it when you switch ammo.

I'm sure the guy in your old neighborhood copped a plea to a lesser or reduced charges. Shawn, I'm sure this guy from TX could have done the same thing but he didn't even show up for his trial. Actually, NJ State Law allows on or off duty NJ LEOs to carry hollowpoints and I believe out of state LEOs can too if on official business. There is a NJ AG letter that says anyone carrying under LEOSA can not carry hollowpoints. This letter also states that if you are a retired LEO living in NJ LEOSA doesn't apply to you and you must get a NJ RPO Carry Permit. LEOSA with the 2013 Amendments allows anyone covered under the act to carry hollowpoints. The NJ AG also has no standing to negate Federal law and say you must have the RPO permit even if you meet the requirements of LEOSA.

Thanks for bringing this to my attention. Carrying a handgun in an unlocked case where the driver has access to it is only illegal in 17 states, maybe a few more, according to the NRA website. This includes states like PA which require you to have a carry permit to carry it accessible. It was not only the gun case but the guy's lying that provided the PC. Sounds like Nappen was grasping at straws in the defense. He didn't have an iD card and he wasn't in compliance with FOPA or NJ laws. Although i'm sure they were advised not to hold it against him, I'm sure the jury didn't look favorably on him not showing up for his own trial.

You may still be speechless when you hear my response. Just to be sure you understand what I'm saying let me expand a bit on what I said. If you are the victim of a home invasion which you fought off using a firearm, you are not not being arrested, and the police are taking the firearm you used I understand that. If they want the other 99 guns you have in your safe I am not alright with that unless they have a warrant to do so but more on that later. You are like so many so called 2A activists Constitutional scholars which only see the 2A and just want the rest to apply to you. The Constitution is not just the 2A and bitch as much as you want the Constitutional protections you enjoy apply to the criminals as well. The same protections that prevent the Obama Thought Police from knocking down your door and charging and finding you guilty of ficticious crimes are enjoyed by everyone. The Constitution, as much as you might not like it to, applies to evryone in this country. Over the years, in response to court rulings and demands by people (many like you), a system of Rules of Criminal Procedure, Rules of Evidence, Court Rules, etc has been developed to ensure a defendant's rights are preserved in proceedings. Seizing the firearm you used in defending your home is not about denying you 2A rights but preserving evidence. Now as much as you argue it doesn't, there is evidence that proves you're innocent not only evidence that proves your guilt. That firearm is part of the proof you were shooting in self defense. If the bad guys are not convicted of invading your home and putting you in jepoardy you could be charged (highly unlikely in a home invasion scenario). Your claim of self defense is based on the actions of the defendants so your gun becomes part of the incident. Keep in mind if you are claiming self defense you must, at some point, admit that you shot at them. I'm sure in your mind its never talk to the police and if you don't know what to say saying nothing is good advice although in some circumstances it can result in you going to prison for no reason. That's a topic for a different thread though. You ask if they can seize your home or other assets as evidence. Well they can if that's what's required to avoid the evidence from being tainted and the defense doesn't stipulate to the lab reports. They can take your door or cut out parts of the windowsill if that's what it takes. If your car is stolen and someone uses it to purposely kill someone else it will be seized as evidence. If it is crucial to the case you may not get your car back until all appeals are exhausted and that may take years. If its your only way to get to work you need to find an alternative. Police seize fruits of crime and private property as evidence all the time and are required often to maintain them as until all proceedings are over. Why have many been okay with the police seizing evidence and hanging on to it? For evidentiary purposes as explained. Have you ever seen a criminal complaint? It names the State (or the United States of America) as the complainant not the person the crime was commited against. That's as it should be and very Constitutional. A crime against you is seen as a crime against all people (that's the state isn't it). You don't have to spend thousands, in many cases millions of dollars to investigate, apprehend, convict, and punish those that commited the crime. The police are required to investigate the entire incident. As I stated your claim of self defense is based on what the bad guys did. You are not being treated like a criminal if they take your gun as evidence. It is needed to determine who shot what or who. You are a part of the people and can't opt out of this. How long they keep the gun is dependent on a lot of things, all of them not under the prosecutor's control. You appear to have no knowledge of criminal investigation, criminal procedure, or rules or evidence. My goodness, you keep giving power over to the State and then complain when they act like Statists!! Really? I'm speechless... Please make me aware of how I gave power over to the State. I didn't know I was so influential. Maybe you'd feel better if the government issued you a gun? As I explained above they would be seizing the gun to preserve as evidence of the incident not to deprive you of you rights. Depending on the circumstances even an innocent cop can be on the rubber gun squad for some time. If they wanted my other guns I'd refuse. To get a warrant you need to explain why what you want to seize is illegal. If you are not being arrested after the shooting I can't see how they can get one.

okay

The only differences between a 308 Garand and a 30-06 Garand are the barrel and the size of the gas port (its a bit larger IIRC). The bloc in the magazine serves no functional purpose. Its just there to prevent you from trying to load 30-06. VERY IMPORTANT. The 308 Garand is designed to shoot 7.62 NATO. You need to load or shoot NATO spec ammo to prevent damage to the rifle. You can damage the rifle using SAAMI spec ammo. Usually a bent oprod as what happens when you use a lot of commercial 30-06. I have a 308 Garand Tanker. I use Accurate 2460 powder and a 147gr M80 bullet. You need to start at the lowest suggested load and work your way up to where your rifle functions. Accuracy is about the same as 30-06, I would expect 3" or less at 100 yd depending on how good a shooter you are.

Some would think this a straw purchase but its not as the transfer takes place between two qualified purchasers.He can buy the handgun but it must remain. In his possession until you get a P2P and then he can transfer the gun to you. No FFL required but you must have the P2P. This is not a straw purchase. A straw purchase is when you buy the gun for someone who is not qualified to purchase a firearm. If you buy your wife a firearm for her birthday you can check you are the actual purchaser of the firearm on the 4473 because you are. As long as you both have FIDs and complete COEs or she has a P2P when you give it to her its legal. I think ATF uses a "gift" as an example in their FAQ.

Ed The police have a duty to investigate a shooting. That duty would include taking your firearm whether its your only one or one of a hundred. If they did not take your gun they would be remiss in their duties.

If that's your concern never arm yourself and stay home. Can you cite an example of what you relate happening?

Most people walk around in Condition White totally oblivious to their surrondings. That being the case it usually takes a few seconds for them to understand what's going on. If the bystanders were a trained protection detail they failed miserably. Being bystanders their behavior is understandable. To resist all the time sounds macho but if you are confronted by a BG with his gun out already pointed at you compliance sounds like a good idea even if you are armed. Unless you have some master plan to divert his attention and the means to fight back you are willing to bet your life on compliance may not be a bad idea. You sure as hell don't want the BG to find out your armed while your gun is in your holster.

I'm sure there was more probable cause than a gun case to get a warrant. The title to this thread is misleading. A gun case itself doesn't constitute PC. Add lying and you may have something. This guy is no kind of poster child. Transporting firearms in unlocked or unsecured cases in an area you can reach in a vehicle will get you arrested in most states.

You are obviously new to guns, shooting, and 2A issues. Firstly, NJ already has a "smart gun" law on the books. When one becomes available on the market, only one and it doesn't have to work, 2 or 3 years later only "smart" handguns can be sold in NJ. Don't be so naive as to think this smart gun idea this will help the 2A cause. There are no gains to be made in allowing only smart guns. Only loss of more rights.

See earlier posts on this thread. If you read the entire thread you will see there was a transportation issue that was never made clear. When arrested, the police told him there was a transportation issue as the shotgun was in subject's reach. The "rest of the story" is a bit foggy.

This statement is incorrect and misleading. If you are charged with a crime the prosecution must prove the defendant the crime. To do so they must prove all elements of the crime. This is a critical job for the judge when he charges the jury. One element missing? There is no crime. If what I quoted here is true then show us how a judge or a jury can twist the definition of a firearm under NJ law given in #19 above.

There is no blanket answer to this. It all depends on the totality of the situation on a case by case basis. If you use a firearm to defend yourself you should expect to have the firearm you used seized by the police at least until you are cleared. Cops take other cops guns if they are used in a shooting. At the other extreme all your firearms will be seized and you will held without bail. Or it might be something in between.

I wouldn't overlook a Taurus PT1911. I have one for 6-7 years now and it has been 100% reliable and trobule free. It is the 1911 I choose when I carry a 1911 and all my other 1911s are Colt.

There is no statutory or case law in NJ that makes it illegal to transport loaded magazines. Can you give us an example of what a cop may jam you up for? Cops do not routinely jam people up over some twisted interpretation of the law. Why? That's called false arrest and is not conducive to career advancement or job security. Yes, Nappen is a lawyer and I'm not. If you ask a lawyer how to be 100% sure you won't be arrested transporting firearms they will all tell you to never transport firearms. Lawyers will rarely ever say they don't know the answer or really don't know. They will caution against it". Please explain why you think transporting loaded magazines out of state is a more legal reason than transporting them to the range.

The fact that the NJ permit system has been required to incorporate a NICS check into the permit system means you should be exempt.From the NICS at the FFL. However, if they did this NJ wouldn't be able to collect their fee.

Interesting. I retired in 2005 and then in the Federal system there was no parole. If you got 70 months you did 70 months. Maybe the last 6 in a halfway house but you were still "in".