I am wondering what the laws are about people from out of state who might be visiting temporarily and want to bring a NJ legal longarm into the state.

 

From what I could understand from reading your State laws, one must get a FOID to buy a firearm. But there is no requirement for people who already own firearms to get FOIDs.

 

Thus, the consensus is that people who own firearms are exempt, but since it does not specifically mention this, I get the impression that some police officers believe that you must have a FOID to own any firearm. This could be a huge problem.

 

Also I am wondering if I might get in trouble being a nonresident if I choose to fly out from a NJ airport with a NJ legal longarm.

 

Gregg Revell got in trouble trying to fly out with a handgun in his checked luggage. I am wondering if it would be the same for a longarm or just handguns.

 

thanks

They must be operating under exemptions afforded to people without FID cards, or FOPA if just passing through.

 

Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

 

f.Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:

 

(1)A member of any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from a place of target practice, carrying such firearms as are necessary for said target practice, provided that the club has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent and provided further that the firearms are carried in the manner specified in subsection g. of this section;

 

(2)A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;

 

(3)A person transporting any firearm or knife while traveling:

 

(a)Directly to or from any place for the purpose of hunting or fishing, provided the person has in his possession a valid hunting or fishing license; or

 

(b)Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder; or

 

©In the case of a firearm, directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any rifle or pistol club, or any firearms collectors club, for the purpose of displaying the firearms to the public or to the members of the organization or club, provided, however, that not less than 30 days prior to the exhibition or display, notice of the exhibition or display shall be given to the Superintendent of the State Police by the sponsoring organization or club, and the sponsor has complied with such reasonable safety regulations as the superintendent may promulgate. Any firearms transported pursuant to this section shall be transported in the manner specified in subsection g. of this section;

First issue, it's a Firearms PURCHASER ID, not a Firearms OWNERSHIP ID. Once you comprehend the difference, the laws make slightly more sense.

 

I am wondering what the laws are about people from out of state who might be visiting temporarily and want to bring a NJ legal longarm into the state.

 

Going to a Range, a gunsmith, to Hunt, you're fine. Going to hang out with friends, you are not.

 

From what I could understand from reading your State laws, one must get a FOID FPID to buy a firearm. But there is no requirement for people who already own firearms to get FOID FPID.

 

Correct.

 

Thus, the consensus is that people who own firearms are exempt, but since it does not specifically mention this, I get the impression that some police officers believe that you must have a FOID FPID to own any firearm. This could be a huge problem.

 

Also correct.

 

Also I am wondering if I might get in trouble being a nonresident if I choose to fly out from a NJ airport with a NJ legal longarm.

 

If you are traveling to the airport handgun or long gun, you are protected under FOPA. Revel was caught because he had stayed overnight in NJ and was not covered under FOPA nor was he covered under NJ exemptions. He was railroaded and I personally feel that if your trip is interrupted FOPA should apply but some liberal judge felt otherwise.

What liberal judge felt otherwise? Revel was not even charged with a crime and the judge apologized to him.

What liberal judge felt otherwise? Revel was not even charged with a crime and the judge apologized to him.

 

In his suit against Port Authority of New York and New Jersey Kent A Jordan determined that FOPA did not apply in the Revell case and dismissed it.

 

"We recognize that he had been placed in a difficult situation through no fault of his own," wrote Judge Kent A. Jordan of the U.S. 3rd Circuit Court of Appeals in Philadelphia. However, the law "clearly requires the traveler to part ways with his weapon and ammunition during travel; it does not address this type of interrupted journey or what the traveler is to do in this situation."

In his suit against Port Authority of New York and New Jersey Kent A Jordan determined that FOPA did not apply in the Revell case and dismissed it.

 

"We recognize that he had been placed in a difficult situation through no fault of his own," wrote Judge Kent A. Jordan of the U.S. 3rd Circuit Court of Appeals in Philadelphia. However, the law "clearly requires the traveler to part ways with his weapon and ammunition during travel; it does not address this type of interrupted journey or what the traveler is to do in this situation."

 

I misspoke. Revel was charged but the first judge he saw dismissed it.

If you are traveling to the airport handgun or long gun, you are protected under FOPA. Revel was caught because he had stayed overnight in NJ and was not covered under FOPA nor was he covered under NJ exemptions. He was railroaded and I personally feel that if your trip is interrupted FOPA should apply but some liberal judge felt otherwise.

 

In my situation I would be in the airport checking in a longarm as a visitor who had stayed in NJ overnight.

Is it too late to change your mind? There are 48, possibly 49 better choices.

 

Where do you want to go in NJ? Maybe you could stay in PA and spend minimal time in NJ.

 

Even if I had to stay in NJ, I would fly in and out from Philadelphia PA or Allentown PA. They don't give a rats a** about what gun you check. I'm not saying you would have a problem at any NJ airport, but that was your concern. And rightfully so, IMHO. There simply is no LEO concern at PA airports.

 

If you are going to be in north Jersey, especially Northwest, Lehigh Valley (Allentown) is fantastic. You'll probably need an extra connection, but you park right in front of the terminal, walk in, check gun, and go through TSA to the plane. I try to leave my house 1 hour and 15 minutes before my plane is scheduled to take off. Not get to the terminal 2+ hours before my flight.

In my situation I would be in the airport checking in a longarm as a visitor who had stayed in NJ overnight.

 

You may want to consult with a lawyer, as they haven't fixed FOPA to deal with overnight/delayed travel plans. If you do proceed, I would leave the ammo home, or if it is special, ship it ahead of time to your destination. With that in mind, I would also consider shipping your gun(s) to a FFL at your destination also, just to avoid any potential issues. Maybe there's a friendly gun shop near where you are traveling to. This way you avoid the whole thing outright.

 

Theoretically you should be OK. In practice.. you will be exposed to at least 3 different LE agencies. DHS, Port Authority, and Local PD. If anyone of them isn't up with their FOPA education... you may be in for a big disappointment when you miss your flight and spend a few nights in jail as they sort everything out. Sadly this is how it works in NJ. Even if you are 100% legal, there is a chance you may get arrested, and guns confiscated while they figure everything out. There are no reprisals, only a "sorry, have a nice day".

Here's the problem: The Firearms Owners Protection Act applies if the guns are legal to own and legally owned at the point of start and the point of termination in an uninterrupted journey. That is how the guy got in trouble checking in handguns in the NJ airport after he spent the night in NJ--or at least that was their argument. Even if the guy drove in from a state where they were legal and tried to check them in the same officers would have likely still arrested him.

 

The bigger problem seems to be that the laws in NJ are very convoluted and the law enforcement are often themselves confused. From reading this forum and other sources it seems like you can follow the law and still find yourself arrested and having to spend a lot of worry and lawyer fees.

 

I was asking theoretically. In the past when I visited NJ I did not bring any firearms. If I visited again I don't think I would bring any. When I moved from NY to TX I made sure to drive through NJ without any stops or interrupted, followed the speed limit, and had the guns packed deeply.

 

In reading your state laws and this site, it would seem that since a permit is only required to buy a firearm and not posses one, it should be okay for a visitor to the state to bring a NJ legal firearm as long as they possess it in a NJ legal manner--locked up and unloaded if being transported to and from the range, etc.

 

Still, it seems that you could still get into trouble even if following the law.

Here's the problem: The Firearms Owners Protection Act applies if the guns are legal to own and legally owned at the point of start and the point of termination in an uninterrupted journey.

 

I believe it is legal to possess and carry, not legal to own. But I figured out what I think about FOPA some time ago, I don't bother looking at it anymore and might have forgotten something. It never comes up for me, because I don't drive or fly into or out of states with handgun/rifle/machinegun restrictions. I just drive through them.

Save yourself a lot of grief. Leave the guns at home if you are comming to New Jersey!