Can I bring my shotgun to New Jersey?

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mrbladedude

mrbladedude

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I will be travelling from Virginia to New Jersey, staying the night there and then going up to PA the next day to go shooting with my Grandfather. I know I cant bring my handgun with me but what about a shotgun? And yes I have to spend the night in NJ and no I cant ship the gun to PA.

Thanks to all who answers
 
I think it's greatly going to depend upon the make/model of the shotgun you wish to bring. NJ laws specifically mentions that it's a no-no to have a semiautomatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock.

I'm sure you'll be required to secure said shotgun, keep ammo locked up, etc, etc. during your stay.

I just did a quick search at http://lis.njleg.state.nj.us/
 
You can transport a firearm under the provisions of the Federal Firearms Owners Protection Act, It must be unloaded, and either in a fastened case, a gun box, or a securely tied package or in the trunk of your car. It's a good idea to keep the ammo in a separate, locked container.

You run into a problem when you stop overnight. New Jersey law allows you to transport firearms while travelling directly to the range. When you make stops or side trips you may open yourself to prosecution. If you are staying at a hotel or motel, your best bet is to leave your firearm cased, locked, and covered with a blanket in your car.

You might want to call the NJ State Police and ask for their opinion.
 
This is a real gray area. By NJ state law, you can't possess a shotgun without having a NJ Firearms ID card.... unless you are going directly to or from a target range. The layover in NJ pretty much nullifies the "directly to" portion there.

Next, there is federal law - FOPA - which gives you the ability to transit states without falling prey to their laws. The question here becomes - is this a single trip from VA to PA, with a simple lay-over in NJ, or is it two individual trips: VA to NJ, then NJ to PA.

I tend to think you're planning two separate trips; it sounds like you're visiting someone in NJ first, then going on to PA. Otherwise, you'd just drive VA through MD into PA, avoiding NJ completely.

If you say that you know you can't bring your handgun - because you don't have a NJ permit to carry that handgun, then there's no difference between that and possession of a shotgun without an NJ FID card.

In my opinion, you're putting yourself at risk for a 2C:39-5c charge by bringing a shotgun into NJ.
 
Unlike NY outside of NYC, a non-resident cannot possess a shotgun on NJ, unless they have the FOID card.



And remember. All guns are illegal in NJ. If arrested it is your burden to show you fall under one of the affirmative defenses.
 
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If at all possible, don't even bring ammo with you on the trip. NJ is rather strict about what satisfies separation of firearm and ammunition during transport. If you do bring ammo with you it must be separated from the firearm by the backseat or some other not easily moved part of the vehicle. For example ammo in a locked case in the backseat, firearm in the truck locked in its own case. I would not even attempt to bring the firearm in the dwelling where you will be staying in NJ.
 
A little off topic, but relevant:

My wife's mother lives in NJ, we live in IL. When visitin there for a few days, can I legally take my firearm with me while staying in NJ? Not plan on carrying or anything, just taking it from my house in IL, to my wife's mother's house. Does that fall under transportation laws within NJ?

The gun should be NJ legal, under 15 rds. magazine (a USP compact 45)
 
Does that fall under transportation laws within NJ?
Click to expand...

I would say it does not.

AFAIK, the transportation law in NJ allows someone to transport a handgun from their own home in New Jersey to a limited number of places where they are allowed to take it in New Jersey (gunsmith, range and place of business owned by them). But if they do not have the FOID card they might not even be allowed to do this.
 
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Then why not have half a kilo of coke in the trunk? I mean, as long as you don't get caught, right? :rolleyes:

Possession of a shotgun in NJ without having an NJ FID card is ILLEGAL. Period. Reference 2C:39-5c(1).

There are exceptions... none of which the OP falls under. It's not his home, so that's out. He's not going DIRECTLY to a target range, so that's out. FOPA protection is sketchy here at best... it sounds like two trips to me: one trip to NJ to visit with somebody overnight, and another trip to PA.

IF the OP gets pulled over - best case is the LEO lets him go. Worst case is the LEO decides to arrest him for unlawful possession of a firearm, and lets the court sort it out. I give the OP's chances 70/30 against him being let go.
 
Thanks to all who replied. I decided not to take the gun after all. Just didn't seem worth it.
 
op,

I used to live in NJ (now a resident of Texas).

A fellow traveling straight from VA through NJ to a Moose hunt in Maine. He got stopped by NJ DPS. They did not honor the Federal Firearm owners protection act of 1986.

He was arrested and spent the night in jail. The DA dropped the charges the next morning.

BUT NJ DPS refused to release his rifles because they claimed his journey had been interupted, and no longer was covered under the 'continous journey' clause of the 1986 act! The fact that the interuption was involuntary, not his fault and caused by NJ DPS didn't matter to them. :rolleyes:

It cost him $5000.00 in legal fees and took many months to get his rifles back. Ultimetly, he had to arange for an FFL holder in NJ to pick up the rifles and ship them to an FFL in VA.

Just borrow a shotgun that is already on-site to hunt with your relations. Tt sucks, but, ya know...
 
ultramag44 said:
op,

I used to live in NJ (now a resident of Texas).

A fellow traveling straight from VA through NJ to a Moose hunt in Maine. He got stopped by NJ DPS. They did not honor the Federal Firearm owners protection act of 1986.

He was arrested and spent the night in jail. The DA dropped the charges the next morning.

BUT NJ DPS refused to release his rifles because they claimed his journey had been interupted, and no longer was covered under the 'continous journey' clause of the 1986 act! The fact that the interuption was involuntary, not his fault and caused by NJ DPS didn't matter to them. :rolleyes:

It cost him $5000.00 in legal fees and took many months to get his rifles back. Ultimetly, he had to arange for an FFL holder in NJ to pick up the rifles and ship them to an FFL in VA.

Just borrow a shotgun that is already on-site to hunt with your relations. Tt sucks, but, ya know...
Click to expand...
Wow. Thats ridiculous man
 
Since Storm Sandy I'd be even more leery of going to NJ with any firearm, knife, baton or pepper spray.
Yep NJ is pretty crazy. That is why I'm FROM New Jersey.
 
I wouldnt be comfortable without a firearm right now in nj but the laws are not favorable to your situation either. It is a shame that parts of America have deteriorated to where you need a law degree to figure out if you are safe from the authorities on your trip.
 
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