Its a catch 22 really. FID's P2P's and COE's only give you the right to obtain a firearms. However, LE ask for them becuase it's one of the only way they can check if the firearm is legal(on the spot), what makes it legal is the way you obtain it, not the way you own. SO, a good way to show the firearm is legal, is to be able to prive the info in which it was purchased. SO while an FID doesnt mean diddly squat, an P2P or COE, can be used to show a gun is legal.

There is no requirement or advantage to present an FID card to the police.

 

If the gun(s) in your possession are illegal to own in NJ, but you're following transportation laws (to/from range, smith, etc.), having an FID card won't make any difference. You're screwed.

 

If the gun(s) in your possession are legal to own in NJ, but you're transporting them illegally, having an FID card won't make any difference. You're screwed.

 

If the gun(s) in your possession are legal to own in NJ, and you're transporting them legally, and the cop isn't aware of the applicable laws, having an FID card likely won't make any difference. You're less screwed.

 

If the gun(s) in your possession are legal to own in NJ, and you're transporting them legally, and the cop is aware of the applicable laws, having an FID card likely won't make any difference. You're not the droid they're looking for.

do you have to be a resident for 6 months at the same address before you can get a fid or pp's ?

 

Should he have left these with an FFL before moving to NJ ?

 

 

I would say no since you are supposed to do a change of address within 30 days of moving to a new address.

do you have to be a resident for 6 months at the same address before you can get a fid or pp's ?

 

Should he have left these with an FFL before moving to NJ ?

 

1.) I don't see why he couldn't have applied for a FPID card at the same time as he was moving boxes in through his front door. But either way it's not required to own a firearm, just to purchase a long gun or pistol ammo. (It also works as a form of ID for renewing a NJ driver's license!)

 

2.) If he had high capacity magazines, he should have destroyed or disposed of them before setting foot in the state.

If I was Brian, I would not be complaining at this point... I would want all of this to goooo away, and hope to win on appeal. Yes, the laws are stupid, yes they should be changed, but ignorance is not a defense. Fact is, he broke the law, got convicted, and thankfully due to the support of everyone, including those 2a groups, he is getting out with a greatly reduced sentence.

Oh I agree with this 100%. I would not be complaining either......I would be extremely happy that I was able to get home to spend Christmas with my family.

It is not "required", but the FID permits possession of an unloaded firearm. If you dont have it and possess a firearm, the LEO has the reason to pry/search farther.

It is not "required", but the FID permits possession of an unloaded firearm. If you dont have it and possess a firearm, the LEO has the reason to pry/search farther.

 

I am curious. If your handgun is unloaded, and locked in the trunk of your car, why in THEE hell would you even consent to a search. First rule of thumb - there is never a good reason to speak with a LEO without an attorney present. Never consent to a search. If they have probable cause, let them produce it. Otherwise, a warrant is needed. In either case, you have a right to have an attorney present. If a LEO wants to search you or your car, ASSUME you need an attorney, and demand one. Your rights are SACROSANCT! PERIOD! This is AMERICA!

I am curious. If your handgun is unloaded, and locked in the trunk of your car, why in THEE hell would you even consent to a search.

 

I don't understand this either.

Frank... I agree. Just putting out there what will be tried.

 

Once again... no gun owner in NJ should ever say yes to a search without a warrant.

Frank... I agree. Just putting out there what will be tried.

 

Once again... no gun owner in NJ should ever say yes to a search without a warrant.

 

And, BTW - this has NOTHING to do with LEOs *OR* their methods. This is simply "rights 101". They are looking for "bad guys". That is their job. It is nothing personal. In most cases, they have *NO* idea who YOU are, and *YOU* have no idea who *THEY* are. Their job is to catch bad guys, your job is to protect your rights at all costs. It doesn't MATTER that you have nothing to hide. The rule of thumb is be polite, "SHUT YOUR MOUTH", and if in doubt - ask for a lawyer to be present to protect your rights. I don't know about *YOU*, but I am not confident enough about MY knowledge of NJ's convoluted, draconian, firearms statutes to defend myself. It takes a professional. And most of THEM don't know either - but at least they will keep you quiet until they can figure it out.

 

The police are NOT our enemies, but the "law" *CAN* be. They are two *VERY* different things. The statement that "Anything you say CAN and WILL be held against you" is NOT an idle threat. It is standard procedure. Add to the mix a politically motivated prosecutor, and who do you think will fry? You have *NO* obligation to submit to a search. so DON'T! Shut up, sit down and wait! Nothing is more important than your freedom. Ask Brian.

I just read the Trentonian article. I have never read the Trentonian before and after that I never will again. Newspapers wonder why they are losing money, maybe it is because they pay people on their staff to write excrement like that.

 

Once again, congrats to Brian and his family. Congrats to all the people that wrote, called, texted or contacted the powers that be about this case.

 

Now we hope that Brian and Evan Lappen will appeal this case to get it removed from his record. But will they?????????

 

The Trentonian is utter trash. They printed this a while back after a fire at Trenton Psych (in a building with no patients, BTW):

 

The Trentonian is utter trash. They printed this a while back after a fire at Trenton Psych (in a building with no patients, BTW):

 

 

I'm sorry you're offended, but (since no one perished in the fire) that is a GREAT headline. The editors must've been high fiving each other over that one.

It is not "required", but the FID permits possession of an unloaded firearm. If you dont have it and possess a firearm, the LEO has the reason to pry/search farther.

Unloaded longarm only (unless otherwise permitted by law to be loaded). Not unloaded handgun - you have to have a carry permit or be in the exceptions for that.

 

2C:39-5 c Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

 

(2C:39-5B is the handgun permit clause)

 

Honestly, if you don't have it, you're busted. If you do have it, no reasonable probable cause. And it doesn't help with handguns - stay inside 2C:39-6 e (home, fixed place of business, gunsmith, or while traveling between such), f (range, hunting, exhibition, etc and between), and g (how to legally transport between) if you have a handgun or a longarm w/o FID (unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances

 

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=22760531&Depth=4&TD=WRAP&advquery=2C%3a39-1%20%20Definitions&headingswithhits=on&infobase=statutes.nfo&rank=&record={1A38}&softpage=Doc_Frame_Pg42&wordsaroundhits=2&x=34&y=12&zz=

do you have to be a resident for 6 months at the same address before you can get a fid or pp's ?

 

Should he have left these with an FFL before moving to NJ ?

 

 

I, as a PA resident, could get a NJ FID...don't see how someone moving in would have to wait 6 months to "establish residency"...

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"