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Is transporting loaded magazines to the range illegal?

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"Just follow the stated law ", if you feel you need to do "extra" to feel comfortable transporting ammo and guns so be it.

 

Precisely..........

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So, you say there's more to the story, but you really don't know, do you?

Nope I do t really know... Which is what I stated... I have heard other parts of that story that were not provided in that post

You should remove the firing pins when transporting guns... It's not the law... But just to be safe... To prove you are not trying to shoot someone... A cop may see a gun and think you are a criminal unless its been disabled by having the firing pin removed...

I always do that, don't you?  :russian:

After reading some replies on this post and others, it's a wonder some of you even leave the house. :)

... I have heard other parts of that story that were not provided in that post

 

Such as?

Well I was wrong about Nappen having it in his book. Doesn't seem that he did.

 

I may have imagined it or seen it somewhere else.

 

So carry loaded mags and carry on. At least in NJ.

 

In other states it is a different story. In NY their definition of a loaded firearm is:

 

“Loaded firearm” means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.

 

But cops jamming you up? Sure, it happens. Brian Aitken. Arrested for illegal possession, but all charges dropped by a judge except the hollow points. 

AFAIK Aitken was convicted of having 16 rd mags. His sentence was commuted by Gov. Christie. He was not pardoned. I don't know if he is appealing the conviction or not.

Well I was wrong about Nappen having it in his book. Doesn't seem that he did.

 

I may have imagined it or seen it somewhere else.

 

So carry loaded mags and carry on. At least in NJ.

 

In other states it is a different story. In NY their definition of a loaded firearm is:

 

“Loaded firearm” means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.

 

But cops jamming you up? Sure, it happens. Brian Aitken. Arrested for illegal possession, but all charges dropped by a judge except the hollow points. 

AFAIK Aitken was convicted of having 16 rd mags. His sentence was commuted by Gov. Christie. He was not pardoned. I don't know if he is appealing the conviction or not.

Aitken's conviction of the 16 round magazine was overturned on appeal.  The state did not prove that the magazine would actually work with over 15 rounds. 

Such as?

 

As posted on here, the arrested individual was transporting his shotgun to a friend's house to change out the stock.  The shotgun was laying on the backseat of a Jeep Wrangler.  The shotgun was not being transported as per the statute.  I believe the assault weapon charges were amended to improper transport charges. 

Well I was wrong about Nappen having it in his book. Doesn't seem that he did.

 

I may have imagined it or seen it somewhere else.

 

So carry loaded mags and carry on. At least in NJ.

 

In other states it is a different story. In NY their definition of a loaded firearm is:

 

“Loaded firearm” means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.

 

But cops jamming you up? Sure, it happens. Brian Aitken. Arrested for illegal possession, but all charges dropped by a judge except the hollow points. 

Well that is one heck of a definition, even worse than reasonable deviation.  What does "a quantity of ammunition which may be used to discharge such firearm" mean?  Can't just one round be used to discharge a weapon?  Does this mean if you have an empty weapon in a locked case and a separate locked case with one round that fits that weapon that you are in possession of a loaded weapon?

Well I don't know what it means but that is verbatim from section 265 of the NY penal code. 

AFAIK Aitken was convicted of having 16 rd mags. His sentence was commuted by Gov. Christie. He was not pardoned. I don't know if he is appealing the conviction or not.

 

He appealed and the LCM charge was dropped, along with illegal possession and everything else except the possession of hollow points.This was after Christie ordered his release.

 

This is interesting because the judge did not even hear the argument about being under one of the exemptions. The NJ judge did not even bother with NJ law, he just went along and selected what he wanted to prosecute the poor fellow.

 

And this brings me back to the original question.

 

Has anyone been arrested and charged with possession of loaded magazines while transporting a firearm under one of the exemptions? Not that I know of.

Do I want to be a test case? No I do not. 

As posted on here, the arrested individual was transporting his shotgun to a friend's house to change out the stock.  The shotgun was laying on the backseat of a Jeep Wrangler.  The shotgun was not being transported as per the statute.  I believe the assault weapon charges were amended to improper transport charges. 

 

I was specifically asking Vlad what he had heard that was not posted in the thread.

 

Yes, in that thread the transportation was improper, but the fact remains that he was initially charged with an assault weapon charge due to an LEO's less than exemplary knowledge of NJ firearms law.

I was specifically asking Vlad what he had heard that was not posted in the thread.

 

Yes, in that thread the transportation was improper, but the fact remains that he was initially charged with an assault weapon charge due to an LEO's less than exemplary knowledge of NJ firearms law.

You saw the arrest report? And were there when the police came? Who knows if the pistol grip was even on the thing...

 

He got "jammed up" for not making good choices...

I'm glad that your experiences have all been positive and I hope they continue to be so. While they may be rare, people do still get "jammed up" by LEO's who do not fully understand NJ firearms laws. Example from 2 years ago of someone getting "jammed up" by an LEO (guy arrested for having an "assault weapon" and weapon confiscated when it was a fully NJ legal pump shotgun):

 

http://njgunforums.com/forum/index.php/topic/21558-shotgun-with-a-pistol-grip/

See earlier posts on this thread. If you read the entire thread you will see there was a transportation issue that was never made clear. When arrested, the police told him there was a transportation issue as the shotgun was in subject's reach.

 

The "rest of the story" is a bit foggy.

I don't count on anyone in the process knowing or caring to know enough about the subject of firearms to keep me from being presumed guilty until proven innocent.

For ex., this is from an Appellate decision reversing the Trial Court’s granting of admission into a diversionary program (Pretrial Intervention) for a VA resident travelling in NJ:

 

The facts are undisputed. On March 12, 2011, defendant was a passenger in a vehicle with Virginia tags traveling on the New Jersey Turnpike. Two New Jersey State Troopers stopped the vehicle for a motor vehicle violation. One of the troopers saw a .45 caliber Ruger P90 handgun in plain view on the front dashboard. The troopers drew their weapons, ordered defendant and the driver out of the vehicle, and placed them under arrest.

The troopers seized the handgun. According to the police investigation report, "The handgun was found with the sliding bolt locked to the rear with a partially loaded magazine next to the handgun. . . . The weapon was found to have five .45 caliber hollow nose rounds and one .45 caliber full metal jacket loaded in the magazine." Although the narrative is not entirely clear, it appears the handgun was loaded, while an additional loaded magazine was lying next to it. However, as we discuss below, whether the gun was loaded does not affect our decision.

********

However, the court ignored other facts of the case, weighed heavily by the prosecutor, in rejecting the application. These included that the weapon was loaded, or, even if unloaded, close to a loaded magazine; it was within easy reach; and its discovery during a motor vehicle stop prompted two troopers to draw their weapons, apparently perceiving, reasonably, that their safety might be threatened. The situation was fraught with danger.

 

 

 

P.S. I know that he was illegal and it is what it is. I cited this for the plain ignorance shown by the appellate judges AND their deference, when in doubt, to the LEOs perceptions

Sorry, may be beating a dead horse here, but if loaded mags are in the same bag as the guns, is that a no no?  Im asking law here, not if you would do it or not with fear of getting "jammed up".

 

I have a pistol bag that i carry pistols to the range in as well as ammo.  I have NOT had loaded mags in there to date, but considered pre-loading some at home.  Would the loaded mags in the same bag as the poistols be a no no?

You saw the arrest report? And were there when the police came? Who knows if the pistol grip was even on the thing...

 

He got "jammed up" for not making good choices...

 

Sigh... no, I wasn't and neither were you.  I'm taking the thread at face value.  The OP in thread did post this as the complaint filed against him:

 

WITHIN THIS JURISDICTION OF THIS COURT, KNOWINGLY POSSESS AN ASSAULT FIREARM WITHOUT BEING LICENSED UNDER N.J.S 2C:58-5 OR REGISTERING THE FIREARM UNDER N.J.S 58-12 OR RENDERING IT INOPERABLE UNDER N.J.S 2C:58-13, SPECIFICALLY POSSESSING A MOSSBERG 12 GAUGE SHOTGUN, SERIAL NUMBER XXXXXXX AND MODIFYING IT, WHICH HE WAS NOT LICENSED OR PRIVILIGED TO DO SO, BY REMOVING THE APPROVED STOCK AND REPLACING THAT WITH A PISTOL GRIP RENDERING THE SHOTGUN TO BE CLASSIFIED AS AN ASSAULT FIREARM IN VIOLATION OF N.J.S 2C:39-5F. 3RD DEGREE CRIME

 

 

Maybe he completely made it up.  I don't know for certain.  Based on his writing I don't get the feeling that he would have made the quoted section above up, but I wouldn't swear on it.

 

You seem to have reason to doubt it, so I'll ask you again for the Nth time, what do you know that isn't posted in the thread that leads you to dispute it?

Sigh... no, I wasn't and neither were you. I'm taking the thread at face value. The OP in thread did post this as the complaint filed against him:

 

 

Maybe he completely made it up. I don't know for certain. Based on his writing I don't get the feeling that he would have made the quoted section above up, but I wouldn't swear on it.

 

You seem to have reason to doubt it, so I'll ask you again for the Nth time, what do you know that isn't posted in the thread that leads you to dispute it?

What I know is hear say so its moot... I would rather just leave it at none of us really know what happened....

 

At any rate what I know for a fact is the gun was not cased and out of the way...

 

And even beyond that the police could think any made up incorrect law... You would drive yourself nuts trying to comply with all the nonexistent laws of the world...

 

Follow the law to the letter... And know that even if you are jammed up.... You will get through it...

You seem to have reason to doubt it, so I'll ask you again for the Nth time, what do you know that isn't posted in the thread that leads you to dispute it?

I believe that I provided more info to this, but will not say what it was on a public forum out of respect for the original OP and all others involved.

 

Carry on.

I'm either going blind-er or looking in wrong area Paul.... Where the heck is this reference in vendor?

 

 

 

You seem to have reason to doubt it, so I'll ask you again for the Nth time, what do you know that isn't posted in the thread that leads you to dispute it?

 

 

I believe that I provided more info to this, but will not say what it was on a public forum out of respect for the original OP and all others involved.

 

Carry on.

 

 

Sent from John's iPad 2 via Tapatalk HD

Typos courtesy Apple...

When nappen spoke at the NJ2AS meeting on the point of having the gun and ammo in a seperate container, he said not only doesnt the ammo have to be separate, in standard nappen fashion he said "you can pour a whole box of ammo over your handgun close the case and its legal" so many things people do are fabricated if someone wants to follow the law to the tee its tough enough, no need for extra tin foil hat stuff

When nappen spoke at the NJ2AS meeting on the point of having the gun and ammo in a seperate container, he said not only doesnt the ammo have to be separate, in standard nappen fashion he said "you can pour a whole box of ammo over your handgun close the case and its legal" so many things people do are fabricated if someone wants to follow the law to the tee its tough enough, no need for extra tin foil hat stuff

:clap:

I have a range bag (really just a laptop bag) that i keep my ears, glasses, extra ammo and loaded mags in....and in a separate compartment of the same bag i keep the padlocked pistol case.  I have no qualms or worries about going to the range at all.  I remember someone posting "I go to the range to shoot, not load magazines".  I agree, at least until my mags are all empty.  lol

I go with my mags loaded and not a care in the world. If the black guy can do it so can you!

For you first time gun buyers, it's very simple.  Get a gun case + a couple pad locks.  Lock all your travel handguns in there, and lock up your shotgun and rifle cases with those cheap travel locks.  You can now say, all firearms are in locked cases with no ammo and no mags. 

 

Get a range bag.  Store your eyes, ears, rags, extra boxes of ammo, clips, speedloaders, loaded mags, etc in there.  Put a 1 dollar padlock on it while driving, or use a free lock. 

 

Or if you want to put your guns in those "saddle bag gun holders" in your range bag, then throw a $1 Master lock on the zippers, they have a loop just for this purpose. 

 

Demonstrate Safety.  LEOs will not lock you up for this.  And all the above is 100% NJ legal. 

 

This pretty much what I do.  I got a 5 pack of cheap padlocks so I only need one key.  Some think I'm a sell out by doing more than the law demands.  On the other hand, I'll stop for gas or an errand if it's on the way and not worry about it.

You can have a loaded magazine sitting on the floor of the trunk next to your unloaded gun... as long as everything is locked in the trunk... you Dont need any other containers or locks. (Unless you dont have a trunk).  I had some guy a month ago feel it was his civic duty to advise me that I must be law enforcement to walk into a range with a bag that had a loaded magazine and an unloaded handgun in a case in the bag.  It seems to be a common misconception.   

For you first time gun buyers, it's very simple.  Get a gun case + a couple pad locks.  Lock all your travel handguns in there, and lock up your shotgun and rifle cases with those cheap travel locks.  You can now say, all firearms are in locked cases with no ammo and no mags. 

 

Get a range bag.  Store your eyes, ears, rags, extra boxes of ammo, clips, speedloaders, loaded mags, etc in there.  Put a 1 dollar padlock on it while driving, or use a free lock. 

 

Or if you want to put your guns in those "saddle bag gun holders" in your range bag, then throw a $1 Master lock on the zippers, they have a loop just for this purpose. 

 

Demonstrate Safety.  LEOs will not lock you up for this.  And all the above is 100% NJ legal. 

 

 

This pretty much what I do.  I got a 5 pack of cheap padlocks so I only need one key.  Some think I'm a sell out by doing more than the law demands.  On the other hand, I'll stop for gas or an errand if it's on the way and not worry about it.

 

That's fine and dandy. I'm all for folks doing whatever they are comfortable with. But  if anybody asks, please let them know that the *law* does not require any of that.

You should remove the firing pins when transporting guns... It's not the law... But just to be safe... To prove you are not trying to shoot someone... A cop may see a gun and think you are a criminal unless its been disabled by having the firing pin removed...

Be wary Vlad.

You still risk being jammed up, maybe even jacked up!

 

I actually detail strip my firearms prior to transport, lock each part in a separate container, seal each container in wax and lock everything in a safe which is bolted into my trunk.  I bring a Hornady Lock-N-Load progressive press and components also so I can hand load my ammunition on site--loch cked in a separate safe of course.  Then I load the entire car into a locked trailer, which I weld shut and pull to the range.

 

Never been jammed up yet :sarcastic:

Be wary Vlad.

You still risk being jammed up, maybe even jacked up!

 

I actually detail strip my firearms prior to transport, lock each part in a separate container, seal each container in wax and lock everything in a safe which is bolted into my trunk.  I bring a Hornady Lock-N-Load progressive press and components also so I can hand load my ammunition on site--loch cked in a separate safe of course.  Then I load the entire car into a locked trailer, which I weld shut and pull to the range.

 

Never been jammed up yet :sarcastic:

Very reasonable
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