Was just thinking this, if you travel in New Jersey, and take your gun with you to your hotel or motel room. Is that legal? In other words, can you travel from your home to the place you stay on business or pleasure and leave your gun in your room?

no.

I THINK if you are traveling you are covered by the GOA of 86 and can bring your guns in the room without a problem. I THINK

Under case law, a motel/hotel room is considered a "home" for use in certain cases under Constitutional law. It is a subject that cannot be answered in a few sentences of a few years. Simply, there are no simple answers to the question.

 

As far as the transport of firearm's is concerned it depends. If the room is a stop during extended travel over a large distance, I don't see a problem. But a stay, say a three week vacation in the state and bringing firearms.....doubt it.

 

So the answer in a large way depends on the context of the question of itself.

When I moved from Jersey to Florida, can't remember if it was South or North Carolina that you can not stay over night in a hotel with guns, only passing through.

In my jurisdiction, , more than one family "lives" in a motel and it is officially their home. It is the address listed on their dl and their children are enrolled in the school system legally. They are placed their through the welfare system for various reasons. some had been forced from their home due to fire, floor or other reasons. Due to the fact that they stay is extensive, they are considered residents for all purposes.

 

So in their case, yes it is a home which changes some of the 4th. amendment issues for them. In the case of a traveler, it varies and is way too complicated for a yes or no answer.

During hunting trips to NY we always bring our unloaded firearms into the hotel rooms with us but leave the ammo stashed somewhere in the vehicle.

 

I refuse to leave it all in the vehicle overnight. You never know who's watching you check in.

During hunting trips to NY we always bring our unloaded firearms into the hotel rooms with us but leave the ammo stashed somewhere in the vehicle.

 

I refuse to leave it all in the vehicle overnight. You never know who's watching you check in.

 

This isn't an issue in NY for long guns.

 

Remember, every gun in NJ is illegal. It's only through the exceptions that you can have them.

 

In NY, only every PISTOL is illegal, allowable through exceptions. Therefore, having a gun in a hotel room in NY(not NYC) isn't a problem.

One thing I used to tell the Cowboy Action shooters i knew was to pick up a hardcase for a golf bag. you can fit 5-6 long guns in soft cases in it, and it doent LOOK like a gun case when you walk it into your room.

One thing I used to tell the Cowboy Action shooters i knew was to pick up a hardcase for a golf bag. you can fit 5-6 long guns in soft cases in it, and it doent LOOK like a gun case when you walk it into your room.

Excellent idea.

One thing I used to tell the Cowboy Action shooters i knew was to pick up a hardcase for a golf bag. you can fit 5-6 long guns in soft cases in it, and it doent LOOK like a gun case when you walk it into your room.

Excellent idea.

 

 

Even the blind squirrel finds an acorn now and then Paul. :mrgreen:

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.

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.

 

That's wrong.

 

It's a Firearms Purchaser Identification Card.

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.

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.

 

I'll refrain from this until one of our "experts" comments on it.. but I wouldn't go about town carrying my AK slung over my shoulder just yet.

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.

 

I'll refrain from this until one of our "experts" comments on it.. but I wouldn't go about town carrying my AK slung over my shoulder just yet.

 

What he's saying is accurate. That said, because of the confusion and conflicting laws, chances are some time in jail, months of wasted time and thousands of dollars in lawyer fees later, you'll get to be proven correct.

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.

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

 

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.

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

 

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...

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

 

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...

 

There is no open carry FID or not. The wording does NOT allow for open carry of a rifle or shotgun. About the closest i could find covered Hunting, and even then you're bound by the "Directly to and from with no unreasonable stops or diversions" language. That said if You think you found it, Please post the section of the statute you're working off of, because in 22 years of Police Work in this state, and an exhaustive study of 2c:39 and 2C:58 I havent found it.

because in 22 years of Police Work

 

As long as after 25 years of work you can find the retirement forms.

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.

But it would still mean that the NRAs interpretation of NJ law is substantially correct;

 

The NRA can't even get my order for training materials correct. I wouldn't trust them to interpret NJ law.

 

As far as case law, it's available, you just have to look for it.

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.

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.