Legal possession of a gun in New Jersey by a non-resident

[Shear_stress]

New Jersey gun owners, please help me out. I've got the chance to live and work in your state for a couple of months and I'd love to take some shooting irons with me. Let me first say that I have no delusions of being able to carry, possess arbitrarilly-defined "assault weapons" or "high capacity magazines", or transport loaded guns in my car.

It's news to no one that New Jersey is a state where one should, uh, tread lightly when it comes to guns. So, I decided to check NJ's laws on the possession of weapons:

2C:39-5. Unlawful Possession of Weapons.

b. Handguns. Any person who knowingly has
in his possession any handgun, including any
antique handgun without first having obtained a
permit to carry the same as provided in
N.J.S.2C:58-

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.

Yikes! But then I saw the following sections:

2C:39-6 Exemptions.
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.

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

(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 per-son
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

It appears to my untrained eyes that there is nothing to prevent someone from possessing (but not purchasing) non-assault weapons or high-capacity magazines and transporting them to and from the range (albeit locked and stored separately from ammo). What have I missed?

Thanks!

 

[PeteRR]

According to Nappen On NJ Gun Law, unless you are law enforcement you must have a NJ Firearms ID Card while transporting within the state of NJ.

39-6 e and f just give the exemptions for transporting firearms in public. They don't cancel out the requirement for a FID card.

Transporting through NJ is covered by the Federal exemption for transporting firearms.

 

[Tom488]

39-6 e and f just give the exemptions for transporting firearms in public. They don't cancel out the requirement for a FID card.

They don't? "Nothing in subsections b, c, and d of NJS 2C:39-5 shall be construed to prevent". That exempts the requirement of 2C:39-5c that requires the possessor of a rifle/shotgun to also possess an FID card. In fact, it's this very part of the law that allowed the vast majority of NJ handgun owners to transport their handguns to/from the range. Without the exemption of 2C:39-6f, 2C:39-5b would prevent us from this, as most of us don't have, and can't get, a permit to carry a handgun.

What I'm sure Mr. Nappen meant is that it will be far easier to convince the officer that you're not a criminal (and save a whole lot of hassle and inconvenience), if you can produce an FID card which shows that you've at least cleared a state/federal background check. That's certainly good advice, but not a strict requirement as far as the law is concerned.

 

[PeteRR]

You're talking about two different things. A NJ resident by definition has a FID or he can't even own a gun. A non-resident isn't exempt from that requirement if he's transporting from Point A to Point B witin NJ.

 

[Shear_stress]

What I'm sure Mr. Nappen meant is that it will be far easier to convince the officer that you're not a criminal (and save a whole lot of hassle and inconvenience), if you can produce an FID card which shows that you've at least cleared a state/federal background check. That's certainly good advice, but not a strict requirement as far as the law is concerned.

This is my take on it as well. My question involves legal possession of a gun, not purchasing or peacable journey. I can't find anything that would prevent me from merely having a gun in New Jersey. I'd like to know where the FID requirement trumps "2C:39-6 Exemptions".

Or, this could be one of those situations where lawmakers have managed to convince the public that state firearms laws are more strict than they really are. I saw this in California, where many residents were amazed they could legally own an SKS or off-list AR.

 

[newman32]

If they are legal where you reside, you can go to and from a range with it "properly secured" in the trunk where it can't get out and hurt anyone.

AFAIK, weapons do not have to be registered from out of state when living in NJ, so as long as you obtained them legally wherever you live, you should be legal here provided nothing is on our verboten list.

Having the FID is not a requirement to "properly" transport, even for residents. Some people do, some don't. I imagine that an officer so inclined will put forth the effort to verify beyond the possession of a FID weather or not a firearm is legally owned. FID doesn't tell the officer anything about a particular handgun or who owns it. To me, its just another card with my SSN on it that doesn't belong in my wallet!

I believe your initial interpretation is right, but I'm not a lawyer, so I would direct you to this page
http://www.anjrpc.org/wheretocall2005.htm

and maybe drop a line to Scott Bach who is a lawyer and President of the largest shooting organization in NJ and see what he thinks.

The problem in NJ is the laws are SO terribly written, its very hard to interpret them.
Oh, you might also post that same question over at http://www.njcsd.org where there are some members who are also pretty good with the NJ laws too.

Good luck, and enjoy your stay in our lovely state!

 

[Shear_stress]

Thanks, Newman32. I'd contact Scott Bach and get his take on the situation.

The interesting thing is that handguns are actually registered where I live. Pain in the a** as this is, it might actually work in my favor. If I need to, I can produce documents that show that I legally own my handguns.

 

[geekWithA.45]

That one's sticky.

My understanding is that I'm not a lawyer, and sticky questions should be forwarded to a lawyer who is conversant w/ NJ gun law.

My other understanding is that you can move into the state with non "assault weapon" guns, and keep them in your home without a FID right off the bat.

I also understand that not having a FID is asking for trouble, due to widespread belief by police that you _must_ have one, and that getting a FID will take several months. My guess is that you'll get it in the mail after your couple of months is up, at which time it will be void, because of your change in address. (Perhaps an out of state FID registered to your permanent out of state addr?)

Finally, there seems to be some case law that looks askance at the assertion that your hotel room is your residence, so that gets dicey too.

At the end of the day, NJ is institutionally hostile to guns and their owners, and the further you depart from the profile of someone moving into a house or apartment, the thinner the ice you're on.

 

[Shear_stress]

I also understand that not having a FID is asking for trouble, due to widespread belief by police that you _must_ have one, and that getting a FID will take several months. My guess is that you'll get it in the mail after your couple of months is up, at which time it will be void, because of your change in address. (Perhaps an out of state FID registered to your permanent out of state addr?)

Sounds like good advice. There's often a difference between the "letter of the law" and "the spirit of the law". To avoid trouble it might be a good idea to get an out of state FID, if possible.

 

[Henry Bowman]

Let me first say that I have no delusions of being able to carry, possess arbitrarilly-defined "assault weapons" or "high capacity magazines", or transport loaded guns in my car.

And, I believe, all hollow point ammo is absolutely forbidden.

 

[geekWithA.45]

No, HP isn't _absolutely_ forbidden.


HP is NJ OK @ home, hunting, or @ the range, if all other requirements of the exception to the general prohibition on the possession of a firearm is met.


HP is not OK w/ your CCW, if you are one of the annointed.

Basically, the HP prohibition is a sentencing enhancer for "gun crime", which in NJ is A) actual, bona fide crime committed using a gun as a tool and B) possession of a gun outside the narrowly constructed circumstances under which you may possess a gun.

 

[Henry Bowman]

Thanks for 'splainin' that for us, geek.

 

[Car Knocker]

Newark Airport Sued for Abuse of Person Lawfully Transporting a Firearm

http://www.anjrpc.org/fopalawsuit.htm

 

[TexasRifleman]

Newark Airport Sued for Abuse of Person Lawfully Transporting a Firearm

Anyone know the outcome of that? It was over a year ago now.

 

[Tom488]

A NJ resident by definition has a FID or he can't even own a gun.

Not true at all. Again, read the exemptions of 2C:39-6 - anyone may possess a rifle in his home, transport it to/from a target range, to/from a repair place, all without having an FID card.

Example: a PA resident moves to NJ, becoming an NJ resident, and brings his long guns with him. He's now a resident of NJ. There's no legal requirement for him to obtain an FID. The FID is needed to purchase a long gun, OR to possess one outside of the exemptions of 2C:39-6. For example, taking your guns over to your buddy's place to plink away on his land would require the person to possess an FID, because "driving to my buddy's house to go shootin'" isn't covered by 2C:39-6. Driving to your local target range is covered, and therefore you don't need an FID.

 

[Car Knocker]

Anyone know the outcome of that? It was over a year ago now.

Still in litigation, I think.

 

[geekWithA.45]

Example: a PA resident moves to NJ, becoming an NJ resident, and brings his long guns with him.

That only happens accidentally, by people who think NJ is just like the rest of America.

 

[General Geoff]

I live in Pennsylvania, but work in New Jersey (I commute daily). I've brought some of my guns into Jersey on a few isolated occasions for reasons of showing them to prospective buyers and such. Always unloaded, locked in a hard case. I've never brought ammunition with me, as I've yet to actually go to a range in NJ. From my understanding of the law (and brief conversations with lawyers who practice in NJ), so long as they're absolutely locked up with ammo locked up separately, you shouldn't need a FID. But if you make a regular habit of visiting the range in NJ, it might be a good idea to get one anyway, should any police decide to hassle you.

 

[Tom609]

Both of the gun shops that I've purchased guns from here in NJ recommended keeping a copy of the state firearms transfer form with me to show ownership of the firearm if I should be stopped. I keep originals in the safe and copies in my range bag. If you can't prove you own it, it may present an avoidable problem.

I'm suddenly getting paranoid again. GWa.45 must be around here somewhere

 

[45Frank]

HP is NJ OK @ home, hunting, or @ the range, if all other requirements of the exception to the general prohibition on the possession of a firearm is met.

Sat on a grand Jury in Ocean County and this was the case as read by the Prosecutor, It is legal to have what he called a dumb dumb bullet then explained it to be a hollow point prejectile. In your home, range or to purchase.
BUT it is not legal in any form to transport from your home, range or place of purchase. :banghead: :banghead: :banghead:
Also this was a projectile not even a loaded bullet. As the law was read to us we had to vote bill. He was charged.
The person was walking thru the Ocean cnty mall and got into a fight and was searched after being arrested.

 

[statelineblues]

If I need to, I can produce documents that show that I legally own my handguns.

VERY good idea...bring them with you!

 

[HGUNHNTR]

PLEASE..contact Evan Nappen for all NJ firearms related questions in NJ, he is the lawyer for all things firearms in NJ.

I would not even consider bringing firearms to NJ as a non resident, simply because the police don't understand the laws.

I was arrested in Newark Airport two and a half years ago as I was flying home to go deer hunting. I had in my possesion 44 mag pistol ammo, (properly stored and declared). The clerk at the counter asked if I had any handgun ammunitio, and I replied "yes" She asked if it was hollow point and again I responded "yes" She promptly told me it was illegal and the police were called. I thought I was being smart to bring a copy of 2C, the NJ firearms code with me in case of such confusion by NJ's finest. When the police arrived they told me I was in violation of the law, handcuffed me, accused me of supplying guns to terrorists and gangs, and took me to the police station. I missed my flight, was charged with a crime equal to a felony in NJ, and had to spend $5000 of my money for a lawyer. After spending 3 months wondering if I would have to tell my 3 year old daughter daddy was going to prison, I went to court. The judge reviewed the facts, as asked me why I was arrested. UNBELEIVABLE!!!!!!! Moral of the story: You can be the most honest law abiding citizen in New Jersey, and still be handcuffed, tossed in jail, and treated like a criminal, because of Jerseys rediculous, complicated gun laws. STAY AWAY!!!

 

[Tom488]

45Frank:

Sat on a grand Jury in Ocean County and this was the case as read by the Prosecutor, It is legal to have what he called a dumb dumb bullet then explained it to be a hollow point prejectile. In your home, range or to purchase.
BUT it is not legal in any form to transport from your home, range or place of purchase.

Yes, 2C:39-2f(1) makes it illegal to possess hollow-point ammunition (and yes, the law refers to them as "dum-dum bullets). However, the very next section, 2C:39-2g(2), says:

Nothing in subection f. (1) shall be constued to prevent a person [...] or from carrying such ammunition from the place of purchase to said dwelling or land

Now - if the accused in your case had purchased the ammunition, and was on his way home, then he was in fact legal. If he was simply walking around with the ammo in his pockets, then he was NOT legal.

Further, 2C:39-2f(1) (that makes possession of HP's illegal) says that it does not apply to persons engaged in activities pursuant to 2C:39-6f. 2C:39-6f describes people going to/from a place of target practice, people going to/from a place of hunting, among other activities. In these instances, possession of HP ammo IS legal.


HGUNHNTR:

I absolutely agree with the recommendation to consult an attorney. I am not one. However, I'm not making any interpretations - this is all in black and white in the NJ Statutes. And, as your situation demonstrates, while the law will (usually) protect you from a conviction, it doesn't do much to prevent the actions of ignorant law enforcement personnel.

 

[Hanzerik]

I also understand that not having a FID is asking for trouble, due to widespread belief by police that you _must_ have one, and that getting a FID will take several months. My guess is that you'll get it in the mail after your couple of months is up, at which time it will be void, because of your change in address. (Perhaps an out of state FID registered to your permanent out of state addr?)

I had something like this happen when I lived (was stationed) there. I lived on-base for seven and a half years and got a NJ Drivers License and FID. I moved off-base and had to get a new DL with my new address on it. A few months later, when I found out I was moving to Wyoming, I started looking at varmint rifles. Well I found what I wanted and had a pocket full of cash ready to buy. Low and behold my FID had become "invalid" because the address didn't match on my DL. It took me three months to get the original FID, I had no clue as to how long it would take to get an updated one with my new residential address on it so I didn't even try.

 

[mike101]

Wise Words

"You can be the most honest law abiding citizen in New Jersey, and still be handcuffed, tossed in jail, and treated like a criminal, because of Jerseys rediculous, complicated gun laws. STAY AWAY!!!"

Don't get caught with a slingshot while you are here, either. It's a felony. We don't issue permits for those.