ianargent

Because the NJ SC sucks. And since it'd have to be an appeal under the NJ Constitution, you couldn't appeal a negative ruling outside the state. Remember, this is the same court that won't enforce the CLEAR legislative time limit of 30-day shall-issue for FID and pistol purchase permit, and allowed Lautenberg to be swapped in after the deadline.

2C:39-6 e, f, and g exist to allow possession of a firearm without the proper paperwork (LTC for handgun, FID for unloaded longarm). So, legally a FID is not necessary for possession of a longarm as long as you conform to the exceptions in 2C:39-6 e, f, or g. Practically, you're at the mercy of the justice system (maybe I should make that my .sig?)

2C:39 includes language to the effect of "if you are in one of these legal safe zones, the requirements to have a FID/License to carry no longer apply." Which is good, because otherwise you cannot posess a handgun without the License to carry. Too much work to pull the references right now from the state legislature site

Found a couple of stores that carry gas-driven airsoft, so I presume that they're considered lacking "sufficient force to injure." (Duh).

Which is why I'm waiting for Alan Gura and his team. We know from the Chicago case that they had a lawsuit fueled and on the pad waiting for the verdict in Heller I. (From the timing, the lawyer in that case got the news of the Heller verdict on his blackberry, stood up, and filed the case that is now NRA vs Chicago). In fact they had several, many of which the towns chose to capitulate to rather than fight. Assuming incorporation, there's several different state-level targets. There's already a case in CA filed by the SAF concerning their "permitted handguns" list. There's another in DC concerning denail of CCW. For a variety of reasons I don't expect NJ to be the staging ground for the primary suits - there are worse places for each aspect of gun control. NJ, for example, doesn't have ownership permits (outside of the AWB), the way MA or NY have. CA has a more onerous AWB, etc. It's jsut that NJ is second-worse in so many ways...

Unfortunately, it seems many retails view the gas-powered airsoft as airguns within the meaning of the act (depends on your view of "sufficient force to injure a person" I suppose - 2C:39-1 f defines a firearm as, among other things " any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.") I figure as long as the FPS is in the sub-400 range (which is what the spring guns at Dick's et al are), it should be legal to purchase w/o a permit. I'm not the one selling it though. Anyway - barring the assault weapons clause, and as long as you stay within the requirements of posessing without a license, it shouldn't matter if it did count. Alas, we live in NJ. Don't get pulled over bringing it back from an outside state, and don't take it out of the house. If that G23 is considered a firearm; the magazine is a high-cap magazine... If it's not, it doesn't matter. (I'd be careful anyway, in case they considered it a high-cap magazine because it *could* be put in a firearm even if the G23 replica wasn't considered a firearm.) Follow the 11th commandment and Don't Get Caught

I had to turn in mine when I did my address change. OTOH, it may not have been valid the entire time! My wife and I filed at the same time, and they had us fingerprint and sign the blanks at that time. When we got them back, her info was on the card I signed and vice versa... Slightly more worrisome, though, was that both our FIDs and both our PP paperwork had the same single SBI # on them. AND we executed the PP without problems (at the store 2 different clerks did our paperwork, so I can't blame them for not noticing, but the background check went through with no problems!) Anyway, the town is going to sort that out.

"Incorporation (of the Bill of Rights) is the American legal doctrine by which portions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment, although some have suggested that the Privileges or Immunities Clause would be a more appropriate textual basis. Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, in 1833 the Supreme Court held in Barron v. Baltimore that the Bill of Rights applied only to the Federal, but not any State, government. Even years after the ratification of the Fourteenth Amendment the Supreme Court in United States v. Cruikshank, still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1890s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to "incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments." (http://en.wikipedia.org/wiki/Incorporat ... _of_Rights) - since I would have spent all day coming up with that) There are essentially 2 ways for a consitutional "right" to be incorporated against the states. One of them has been precluded by previous suits (Cruikshank and the Slaughterhouse cases, primarily - which have neutered the "privileges and immunities" clause). The third way is the one the the 9th circuit (amazingly enough) chose to use when they held the 2A is incorporated against the states (and the argument SAF etc is using in the Chicago cases); that is to say that the right guaranteed by the 2A is a right guaranteed by "Due Process"; which requires that the right be "fundamental". (http://www.rightpundits.com/?p=3778 for a link to the news about the 9th circuit - but note that decision is in abeyance until it is reviewed by an en banc panel).

For a while there the 9th circuit had incorporated the 2A against the states in it's juristiction - that rulign is pending an en banc review right now. So it doesn't directly help NJ until SCOTUS rules 2A incorporated. SCOTUS votes to take it up or not late sept or early oct, and if they do, action in 2010.

Also, it would appear from poking around that 2C:39-5 c (2) "Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree" either has some additional places that I cannot find that permits carriage of a loaded rifle or shotgun by law, or the law has recently changed from merely prohibiting carrying a loaded shotgun or rifle in any vehicle, or to shoot from any vehicle or across any road. (references for laws cited earlier obtained at http://www.state.nj.us/njsp/about/fire_ag2.html ) Finally - nothing in this will help you from being charged with what amounts to Contempt of Cop, Being a Bloody Idiot, etc. I certainly WOULDN'T advise anyone to randomly open-carry a longarm - there's plenty of ways short of charging you under 2C:39 to make you regret having done so.

Do you disagree with my interpretation, based on the cited statute law? The only major grey area would be that of what constitutes a "loaded" longarm. Otherwise, statutorily, an unloaded longarm with a valid FID is exactly the same as a handgun with a valid permit to carry. I referenced the relevant statutory law - it isn't complicated. If you disagree; why? I am genuinely curious - I did miss the bit on "loaded", I would like to know what else I have missed? Practically, of course, you're at the whim of the justice system.

2C:39-5 b is the relevant section for handguns and requires a permit to carry the same as provided in N.J.S.2C:58-4. 2C:39-5 C (1) uses the exact same language as the previous para for handgun, replacing handguns with "rifles and shotguns" and the code reference being changed to that for a fid. (2) of that section prohibits posession of a loaded longarm unless permitted by law, so I will admit error there. 2C:39-5 E prohibits posession in educational institutions, irrespective of valid permits. So, if you have a valid FID, you don't have to look to 2C:39-6 e, f, or g to possess an UNLOADED rifle or shotgun when not on the grounds of an educational institution. This is based on a reading of the statutes quoted above and does not take into account relevant caselaw (as I don't have access). I am NOT a lawyer; but the statutes would appear to use language as the layman would understand it. If 2C:39-5 c does *not* allow for unloaded open carry by a holder of a valid FID, then 2C:39-5 b would not allow a holder of a mythical permit to carry to actually do so. I admit error (as I said) on loaded carry - I was mislead by a secondary source.(not the nra) Now, the kicker here is that I can't find a definition of "loaded". It might be that posession of ammunition on your person could mean you are in posession of a loaded firearm (even if the ammo is not in the weapon). Thus open carry would be completely pointless - I could carry a metal cane if I wanted a club. But it would still mean that the NRAs interpretation of NJ law is substantially correct; handguns require a permit to carry, longarms require a fid; otherwise see the listed exemptions and caveats.

I think you better not only re-read the statutes under 2C but the case law. none of those DP or criminal offenses would come close to the simple possession of a firearm. Your liberal interpretation has some glaring flaws in it. Any attempt to interpret the statute without review of the case law is useless. The exception to the possession of firearms without the FID card are few and apply in so few instances that they are useless to the average owner as the limit their use. I am not claiming to be an expert on the law. But not: I was talking of open carry *with* an FID; and that every civilian owner of a handgun *must* live within those restrictions...

Neither would I. But I might stop off for a breakfast date at a friend's house with my rifle secured in my trunk - an act that would possibly be illegal (not a "reasonable" diversion) without the FID. And a literal wording of the law allows loaded open carry of rifle or shotgun. You'd probably get nailed for disturbing the peace, simple assault, possibly terrorist threats, etc. But not illegal possession.

It also allows you to possess a rifle without restriction; apparently. I know I have seen that wording looking through the NJ Code. Remeber, you *don't* need an ID card to posses within the exceptions. All it allows you to do is ignore the restrictions on possession. Call it a fringe benefit of having an ID card. It also functions as a license to carry for rifles and shotguns. It is not required to possess a longarm within the exception list.

Alcoholism is a downcheck on ownership in NJ, it would appear. At least per STS-33.(And I think the 4473 has a space for it as well). So he is turning in a firearm he is no longer permitted to own now that he has been diagnosed with alcoholism. Presumably that is easier than transferring it to a legal owner (I certainly wouldn't waste a permit on it).

Should be OK. Posession at the home requires no paperwork. (Nor does transport to range, at the range, or the rest). I'm glad you brought it up - my lease at my last place was up July 31...

Near as I can tell; you can buy one legally out of state; since there is not a federal law regulating purchase of airguns. The grey area is if the NJ law preventing aquisition of a handgun w/o the permit is applicable out of state. It shouldn't be - GCA '68 is a federal law that requires the buyer to comply with both their own state and the local state law for purchasing firearms; but only covers firearms. It was perfectly legal for 18-year-olds to buy alcohol in states where that was the drinking age back in the day. So presumably a ban on purchase in-state is not effective out of state. NJ bans posession in general, but there are specific exceptions. It is not illegal AFAIK to import a firearm you posessed out of state as long as ownership is not banned - see NJ AWB and note that many BB guns will hit the magazine capacity limit o.O . Of course, all this means is that you have the ability to hire a lawyer to defend you in court. Best advice - son't get pulled over bringing it into NJ. BTW - Harry's in Hamilton appears to carry CO2 airsoft; unless your son NEEDS the fps of a real BB gun a gas-driven airsoft could fill the role.

NJ is not a community property state. So, no, I would not presume it is legal for me to "otherwise acquire" her handgun without complying with the law - either exhibiting a purchase permit, or using it under her supervision.

a form of switchblade where the action of gravity extends the blade when you press a button; I believe. http://en.wikipedia.org/wiki/Gravity_knife - "A gravity knife is a knife that opens by the force of inertia or gravity." Note that the ban on various funky equipment is only if posessed "without any explainable lawful purpose". I love the weasel-words in the NJ weapon statutes, don't you? (NJ code 2C:39-3 e). Illegal to make or sell under any circumstanced, though Incidentally - NJ definition e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree. - 2C:39-1 h. "Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force... p. "Switchblade knife" means any knife or similar device which has blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife... u. "Ballistic knife" means any weapon or other device capable of lethal use and which can propel a knife blade. (Found via google and Wikipedia)

I sat on a jury for an assault case a few years back and the defendant claimed self-defense. The judge instructed us that non-deadly force neither required proportionality nor incurred a duty to retreat; but that use of deadly force required both proportionality and incurred a duty to retreat. Now, this case was not in a home, so he may not have bothered to include any in-home exceptions. (Knifing in a brawl in a bar parking lot, if it matters). Wikipedia says "New Jersey ("Statutes" link in sidebar, see New Jersey Statutes 2C:3-4, retreat required outside home if actor knows he can avoid necessity of deadly force in complete safety, etc.)" (http://en.wikipedia.org/wiki/Castle_Doc ... ted_States) I'm waiting for the njleg site to load the Statutes search engine so I can confirm - it seems to be down

Well, sure.

In NJ all firearms are illegal - but for longarms the exception is if you have an FPID on you. (For handguns it's a license to carry). If neither apply then you get the laundry list of exceptions. From the NRA-ILA summary sheet for NJ law (http://www.nraila.org/statelawpdfs/NJSL.pdf and standard disclaimers apply - I am not a lawyer, NRAILA may be wrong in reading the law, etc) POSSESSION It is unlawful to knowingly possess any handgun, including any antique handgun, without first having obtained a Permit to Carry, and it is unlawful to knowingly possess any rifle or shotgun without having first obtained a Firearms Purchaser Identification Card (FID), however, no Permit to Carry or FID is required: (and then come the list) So if you have an FPID, you may possess a rifle or shotgun legally. Better carry the FPID, though, since it can be legally assumed you don't have one if it's not on your person.

Never mind N.J.A.C. 13:54-1.11 Duplicate firearms purchaser identification card (a) Persons shall apply for a duplicate firearms purchaser identification card to replace a lost, stolen or mutilated card, or in the case of a change of residence by the holder, within 30 days of such loss, theft, mutilation, or change of residence.

Got a cite for that? I don't recall seeing any such limitation in the permit section of the NJ Code when I was looking at it. Nor did my local merchant o' death mention it when I said I moved and asked if it would cause problems in buying ammo. (Not that I wouldn't believe a cop shop in NJ trying to pull that, but what's the point, really?) Now I have been given to understand that if you change towns the new town will often run the whole process again to issue you your new FPID - but that an in-town move the cops are usually OK on.