ianargent

Difference between legal and moral duty, I suppose. I have no legal duty to jump in after you if you can't swim - but I have a moral duty...

I traveled directly out of the state, with no diversions, while I was in NJ. My return was direct and undiverted, while I was in NJ. My destination was a range. You seem to be laboring under the misapprehension that I like the situation, think it's morally defensible, &c. It's terrible. It's unconstitutional to boot. And with any luck that will be recognized and NJ's regulation regime will be struck down. Also, to be honest, I think someone complying with FOPA will end not being tried; the guy in Newark ended up having charges dropped with a much less clear example of FOPA protection. But I wouldn't have expected some idiot prosecutor to try Brian Aitken either... In the end, I don't want to be Aitken'd. I wish him every measure of success in his appeal, because it will benefit ME. But I don't want to be in that role, either.

PA is not a permitted destination for the purposes of NJ law; though Ready Aim Fire in Bristol (for example) is. (And, for that matter, the NRA range in VA was the last couple of times I traveled with firearms). In NJ, you are subject to NJ law, in PA you're subject to PA law (which, incidentally, isn't a whole lot more permissive than NJ law if you don't have a PA LTCF or a permit from a state with reciprocity save for the "open carry" thing - read up on PA transport law sometime). FOPA doesn't help you in NJ because, unless you're travelling (directly, &c) to a legitimate destination you possess the firearm illegally in the state of origin. Morally, you're in the right; that, a Sierra Hotel lawyer, and a couple hundred $K will get you to the SCOTUS after a long stay in prison. If you're lucky.

Federal government doesn't have juristiction intrastate. And the firearm must be legally possesd in the origination and destination state. That makes FOPA dubious protection in the origination and destination state, only during the intermediate states. For example, FOPA would not protect you if you left NJ with a firearm illegal to possess in NJ, no matter your final destination; say a semi-auto rifle with a folding stock. Since, by NJ law, *all* handguns are illegal to possess unless you're in one of the exemptions, FOPA does not protect you in NJ if you originate in NJ wihtout complying with the transport exemptions (which require a specific destination). It's a crappy interpretation, but as the man in the black robes said - "The citizen in New Jersey possesses firearms at their peril", or words to that effect. What I'm trying to say is; that since the firearm is not legal to possess in the originating state of NJ if you are not proceeding directly to one of the premitted destinations, FOPA may or may not protect you, and given that, NJ legal system will try and grind you into the dirt. Practically? Don't get caught.

Hollowpoints are just abotu as illegal as handguns - except you can't get a permit to carry, and don't neeed a permit to purchase. So, not really illegal at home, range, fixed place of business, point of purchase, or points between.

Remember what this case was about - it wasn't Mr. Revell defending himself against a charge of possessing a firearm illegally (those charges were dropped before trial). Mr. Revell was (essentially) suing the cops because it should have been obvious that he was not possessing illegally; which it isn't because FOPA doesnt' clearly cover his situation. I hate to say it, but allowing the suit to proceed would be legislating from the bench. This needed to have been fixed legislatively, and still needs to.

Well, I sort of suspect that NJ would appeal if they lose at this stage. Unless Christie surprises the heck out of me and says something to the effect of "we can't afford to appeal a case that would lose at SCOTUS anyway." Given that the decision to appeal is (I believe) in the NJAG's hands, and those hands are attached to Paula Dowd's intense hatred for freedom...

Inside the state, you're illegal to possess unless you're on your way to a permitted destination "with only reasonable diversions". "PA" is not a permitted destination by itself, you "have" to be on the way to a range, &c. FOPA does not help - since FOPA only covers the "intermediate" states, the origin and destination states aren't covered. In NJ, you have to hold to NJ's laws. IANAL, particularly not a firearms lawyer. But since that's the pessimistice view, I figure it's the safest view to take.

Which was the meat of the problem. This wasn't a criminal case with Revell as the defendant - the charges were dropped and he never saw court on them. This was Revell suing the police officers and PANYNJ for violation of his civil rights, and damages for doing so. FOPA kept him out of jail, very likely. Which sucks - but until Congress clarifies the law, the behavior of the PA police and Newark prosecutor is not clearly illegal - which was the threshold for damages.

Judge can put what restrictions he likes on the permit, by law. I've been given to understand the time an dplace is routinely restricted; and the manner can be as well by law.

Don't the permits for Armed Security get issued with "valid on-duty only"?

Hunh. When I did my change of address (had to redo the fingerprints due to a monumental, multifaceted, screwup, despite not changing towns), I suspect that was the delay. They claimed the County was backlogged? Does that make sense. (Union County, if it matters)

It's a gap in the law. It is legal to buy a BB gun or a black powder weapon out of state, since these are not considereded firearms. So you can buy them in PA - NJ law does not have any effect in PA normally and the federal law that requires you follow both states' laws concerning acquisition of firearms doesn't apply since, federally speaking, they aren't firearms. They magically become firearms once you cross the Delaware River. You must follow the law concerning possession of firearms in NJ. It is legal to possess firearms under one of the exemptions in NJ law, even if you obtained them out of state (assuming they aren't banned assault weapons). Just don't transfer them in-state without the relevant paperwork. Again, the federal law doesn't apply since, federally, they aren't firearms.

Hell, if he came out for 2A rights, the Dem's would oppose it because Christie was for it. He's got limited political capital and lots of things to do. Push Sweeny, Support Carrol, and explain the facts to Van Drew. Get them to put a (good) bill on the Governor's desk and see what happens.

I was talking about the mechtech, not the OP gizmo.

Can't see what would be illegal about it. It has a 16" bbl already or it would be "manufacturing an SBR" federally, and if having the capability to change the stock makes it adjustable, almost any shoulder arm has an adjusyable stock. The barrel is not threaded, the front attachment is crimped on at the factory.

Good to know. My irrational fascination with pistol caliber carbines may lead to me getting one, then

That MechTech system looks like it's federally legal, since you can never be in a SBR config as it's just one unit for the barrel and stock; assuming that the whole config is 16" bbl and the overall length is 26" without anything else attached (I can't tell from the pictures given). Otherwise if you ever put the upper on the Glock without a stock attached you've built an SBR, and since the stock is detachable, an ATF agent could write you up for constructive possession... For NJ legality, get the fixed stock; obviously.

My thoughts are below. In summary, shall issue nondiscretionary permit to carry, to allow possession of an unsecured, loaded firearm outside of current exemptions. Possession of a secured, unloaded, firearm allowed to anyone not a prohibited person outside of current exemptions. FID and PPP to be replaced by a single firearms purchasing permit, shall-issue, lifetime unless revoked. (This is a concession to hoplophobes). All paperwork required to be processed and returned to requester, within 5 business days of submission by requester, approved, unless background check fails. I would prefer immediate issuance, but I doubt we will get it.

Note that, per N.J.S.2C:39-5 c, if you have "first obtained a firearms purchaser identification card ..." you are not committing a crime by possessing an unloaded firearm. So if you're just transporting a longarm, hells yes, carry your FID to avoid being Aitkened. OTher than that, it's merely a good idea, not the law.

I'd have to double-check, but I believe that sales of firearms and ammo may be suspended during a declared SoE. Other than that, bupkis. NJ's gun laws consist of a glacis of "verboten" with nothing really behind it. Maginot Line of legal language, and if the "forbidden, but for..." language is struck down, it'll be interesting to say the least.

AFAIK you don't hae to wait to establish residency - the 6 months is more of a "if you stay in NJ for 6 months, you *must* establish residency if you don't have an exception"

FOPA only covers you outside your start and destination states - that's when you're travelling interstate. When I drive to VA to visit my folks and shoot athte NRA range, I get into PA ASAP

Try living an hour from the range in the same circs. Plus I have friends nearby etc. I'm still trying to figure out how I can legally visit with my friends up by Cherry Ridge, be guested in by them, and spend any time with them except at the range (answer, AFAIK, not with my handguns - which is annoying as hell).

Or "freedom advocates". "human-rights advocates" for pro-carry folks.