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Another transport question

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Say I have inlaws coming to visit from NH. In NH they legally own a pistol.

 

While here for a week, my inlaws are going to take a shooting class.

 

Question:

 

Would it be legal for them to transport the gun to my house, transport the gun to the range for the class, back to my house, and then finally take it with them when they go home?

I would say yes. This would be the same situation as a competitor from out of state who comes to shoot at some type of meet.

Unfortunately it is difficult for them to get here without hitting New York state. While the Firearm Owners Protection Act does allow for a unloaded gun to be carried in a locked trunk provided it is legal at the origin and destination, it does not seem to include magazine capacity. As stupid as it sounds, I have seen the argument on the New York Firearm owner's boards. To compound it, some officers will apparently ignore the Federal law, arrest you and just allow you to use it as a defense in your trial. You will get off, but will have had to deal with much bs and expense in the meantime. I am not trying to be a paranoid, but just laying out there as something to consider.

http://nyshooters.net/forum/forum.php

 

 

Question:

 

Would it be legal for them to transport the gun to my house, transport the gun to the range for the class, back to my house, and then finally take it with them when they go home?

 

Legally? No.

 

Should they take the class in spite of the stupid laws of NJ? Yes.

Your relatives do not have a NJ Permit to Carry a Handgun, therefore they may only be in possession of a handgun in NJ within the exemptions in 2C:39-6g. I don't know of an exemption that allows a person to possess a handgun while transporting to a relatives home, or while staying at a relatives home. I could be wrong. If so, please post the exemption for the OP to read.

the question is this..

 

is it legal for a non resident to have the handgun in the state of NJ...

 

FOPA ONLY covers you if the weapon is legal at destination as well.. I may be wrong.. but I do not believe NJ law allows a non resident to have a handgun in NJ at a property they do not own..

unless there is something I am missing...

 

 

e. 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.

 

 

g. All weapons being transported under paragraph (2) of subsection b.,

subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried

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.

 

(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;

 

(4) A person from keeping or carrying about a private or commercial aircraft or

any boat, or from transporting to or from such vessel for the purpose of installation or

repair a visual distress signaling device approved by the United States Coast Guard.

Say I have inlaws coming to visit from NH. In NH they legally own a pistol.

 

While here for a week, my inlaws are going to take a shooting class.

 

Question:

 

Would it be legal for them to transport the gun to my house, transport the gun to the range for the class, back to my house, and then finally take it with them when they go home?

 

You could always temporarily open a B and B and charge the "outlaws" $5 a night to rent their room, and invoice them for it. Then treat everybody to pizza when the class is over......

 

Like Griz says, it's like traveling to a Match from out of state. If it was truly illegal for shooters WITH HAND GUNS to stay overnight in NJ, then most big NJ Matches (of all disciplines including Bullseye and USPSA as examples) would be swarming with Cops by now since they "read the mail" on this and other forums.......

 

Don't be so afraid of your shadow.....

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