What if someone lives in his car in New Jersey?

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bushmaster1313

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This http://sanfrancisco.cbslocal.com/2012/08/01/homeless-man-found-with-weapons-cache-list-of-names-in-sf-golden-gate-park/ got me thinking

In New Jersey, Can you keep a handgun or hollow point ammo in your car if you live in it?

What if you are driving from place to park to place to park?

What if you live day to day in different motels?

Note, the exception for place of business is limited to one place, but there is no similar exception for place of residence, indicating that a person can have multiple residences.
 
Some states do consider the vehicle as an extension of ones home. Therefore it is possible to have your firearm in your vehicle without a permit.

Other states like Kentucky allow a loaded handgun in the glove compartment, center console or any factory provided compartment...or out in the open...without a permit.


Check state handgun laws (and long gun laws) for each state, some states are better than others. Check the laws for Recreation Vehicles as well... I am guessing that some restrictive states would address RV's as a regular vehicle and prohibit it.

Check the laws for living out of a vehicle, I am sure there might be ordinances against it in some areas. And this maybe a separate issue altogether from being able to have a loaded handgun in ones car and living in it. I mean if a state allows a handgun in the car with or without a permit, it may not allow one to live out of a car.

And I am sure that there are differences on the books to distinguish between sleeping in a car at a rest stop while on a road trip versus sleeping in a car in the middle of a large city.

I can't address a gun owner in New Jersey living out of a car or traveling from motel to motel in NJ except leaving their guns in a locked safe at a relatives house...wait..that might be illegal ....
 
I guess it is possible to live at a campground somewhere. Take showers there or at one of the truck stops that provide showers and laundry facilities. If one is already living out of their car, it might be easier to just move out of a restrictive state entirely and move to a pro gun state and start over there.

Like in the case of NJ moving from there to say Kentucky, the cost of living will be much less. You can find a small piece of land with a trailer on it out in the country for under $25,000 in this economy...or just rent one out for next to nothing.

A person could make $30,000 in NJ and still cannot afford a place to live. I understand apartments are $1500. Then in NJ they (used to - or still do) have this scam that if you want to rent an apartment, you have to pay a place a $100 'fee' to give you a 'list of apartments' that might be available.

Then once you find the apartment you pay a Realtor a one month's rent commission $1500, plus first months rent $1500 and security $1500 and $300 utilities deposits and good luck trying to find a place to park unless one ponies up for that too for a garage $200 a month (if you are lucky to find one). It might cost $4500 or more to get an apartment in NJ.

A $125,000 house in another state would sell for $450,000 + in NJ. Taxes on a $125K house in a free state could be $1000 to $2000 a year.

In NJ you are talking $10,000 to $20,000 a year in property taxes .

It could be easy to become homeless in NJ and have a good job. I have friends who used to live in NJ, one of them moved only because of the cost of living was too high. Seems Pennsylvania, North Carolina and Florida are favored destinations for those looking to escape the state.
 
Living in a car aint no joke trust me i know i have done it. But living here in tx its a lot diffrent. Here if you already own a fire arm you are good to go but unless you do a ftf you must have a address, if you are mobile run forrest run unless you just love nj flee then no worries.
 
A long gun, unloaded and cased which is locked in the trunk wouldn't present too much if a problem as long as you possess a NJ FOID card ,proper ID such as a NJ drivers license and weren't doing something illegal.
You will most likely be arrested for a possession of a handgun in the same situation and then charged with possession of HP ammo in the commission of a crime added to the original charge.
NJ requires a permanent address on your drivers license and if you move you are required to file a change of address within two weeks or you are in violation of the law.
Campers and motor homes are considered motor vehicles in NJ and not a extension of your home as seen in some other states.
A lot depends on how understanding and compassionate the officer is going to be.
I hate to say it but a lot of the up and coming officers don't seem to possess these two traits. It's all about making the arrest,especially a gun related one in NJ.
 
Just curious, but in the states where autos ARE considered an extension of one's home, how does the "automobile exception" to the 4th amendment come into play? In states that DO NOT recognize the car as an extension of one's home, a warrantless search can be done in certain cases. Would a warrant be required to search a car in the states that treat it like a home, regardlesss of probable cause and other factors?
 
Davek1977 said:
Just curious, but in the states where autos ARE considered an extension of one's home, how does the "automobile exception" to the 4th amendment come into play? In states that DO NOT recognize the car as an extension of one's home, a warrantless search can be done in certain cases. Would a warrant be required to search a car in the states that treat it like a home, regardlesss of probable cause and other factors?
Click to expand...


I found at least two states where a vehicle is an extension of ones homes. New Mexico and Mississippi...I believe there are others.

I can't answer the questions about warrants and 4th amendments as they apply to states with extension laws or states that restrict gun rights...maybe a members from those states can chime in.


New Mexico
http://forum.opencarry.org/forums/showthread.php?88514-Where-s-Extended-Domain-Written-Down

Mississippi
http://concealedcarryforum.com/forum/topic.asp?TOPIC_ID=22843

"Mississippi Law Sec. 97-37-1 (2) states "It shall not be a violation of this section for any person over the age of eighteen (18) to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle".


A reminder, I am not a lawyer. One needs to look at the official laws of your state and then contact an attorney to be on the safe side in these matters.
 
this is a good question for those whom own winnebagos and the like...basically a house on wheels with all the amenities.....
 
I found at least two states where a vehicle is an extension of ones homes. New Mexico and Mississippi...I believe there are others.

SC and Ga. are two more. for handguns that is.

I can't answer the questions about warrants and 4th amendments as they apply to states with extension laws or states that restrict gun rights...maybe a members from those states can chime in.
Click to expand...

there are certain warrant exceptions that can apply to a vehicle because it is mobile unless it is secured.
 
Louisiana also applies the "auto is an extension of home" ruling, but this is an informal guideline as NOTHING is written in the law. With the situation being someone living out of your car, move to PA or some other neighboring state and leave the firearm there in a safe deposit box, friends house, etc. if you need to go to work in NJ.
 
Rubbish. Paying for housing is the most ridiculous thing on earth. Living in a vehicle is freedom.
Click to expand...

So I take it that since paying for housing is so ridiculous, you are all about living in somebody else's car? Honestly, I have known several who have lived in cars, and "freedom" was never what they thought was so great about it.

----

I can't address a gun owner in New Jersey living out of a car
Click to expand...
I found at least two states where a vehicle is an extension of ones homes. New Mexico and Mississippi...I believe there are others.
Click to expand...
And they still aren't New Jersey.
 
Threads about NJ always make me wonder why anybody would ever want to live there.
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Maybe all the antis want to live there?

I visit there every so often...
nice beaches
also the back bay for south Jersey
only Connecticut and DC have higher per capita income (2010)
...reason enough for some folks perhaps.
 
I have known several who have lived in cars, and "freedom" was never what they thought was so great about it.
Click to expand...

They probably weren't doing it on purpose. Plenty of people do, and I'm going to be one of them once I get a good van. I've already done it for long periods of time (in my truck) on work trips and vacations, even in winter, and these have been some of the best experiences of my life, though a van will be much more comfortable. However, I am a young, single, eccentric man with no hobbies outside of practicing survival skills, and I recognize that his lifestyle probably wouldn't work for everyone.
 
Most 'cowboys' in the old west were 'homeless'.

Ranch hands, temporary workers of rail roads, cattle drivers, etc

They worked, often slept out of a tent, and then took months off spending their money with very few bills in between.

Without long term debt being the norm, people were free to work and not work in cycles. Housing is today the biggest long term debt that sets the average lifestyle. Whether it is rent, or a mortgage someone is signed up to pay for 20+ years.


Of course if they eventually wanted to settle down and raise a family they had to get some housing. But back then a home could be bought and paid for/built with just a few years work/income.



However today society is structured around people having homes.
It is in fact illegal not to. It is called terms like vagrancy, loitering, etc
Sleeping in a vehicle is illegal many places. Vehicles don't have much 4th Amendment protections. 2nd Amendment rights are difficult to exercise in many states, especially those requiring various utlity bills or other proof of residency.
Many official forms for all sorts of procedures required by government require an address to proceed, and will not accept a P.O. Box or other substitute.
Etc etc
Not having a home is a crime.
 
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The only difference between someone living in their car and a full-time RVer is the size of the vehicle.
 
Isn't it illegal in NJ to even think about a gun unless you are a member of the Mafia?

Jim
 
It is in fact illegal not to. It is called terms like vagrancy, loitering, etc
Click to expand...

There are many loopholes with this, especially in rural country.

First, one can usually stay on public land for up to two weeks, except no one is timing you, and no will care anyway, so you can basically stay on public land for as long as you want so long as you do not advertise your presence.
Back roads in small towns that go through/abut public land such as state and national forests are usually full of concealed little cubbys where one could fit even a large vehicle, and where there is little to no traffic whatsoever. These are my usual "hideouts".

Next there are trailhead parking areas. Americans are largely under the delusion that summer is a fun and comfortable time to go hiking and camping, so for 3/4 of the year, such areas will be pretty much devoid of tourists, and indeed all human life. They are usually close to plowed roads, so you would not have to do too much shoveling in winter. Nobody but nobody will notice or care that a vehicle is parked in such a spot overnight, and usually not during the day either, which is good, because I am mostly crepuscular nowadays.

Then there are small town cemeteries. Every small town in New England has 2-3 overgrown cemeteries on hillsides abutting remote back roads. These are driveable, get plowed in winter, and provide easy concealment due to elevation (they didn't level land in the 1700's) and the presence of shade trees. The zombies are my homies, and keep mischievous teenagers away almost as well as gun blasts do. These are my absolute favorite spots year-round.

Then, you have Wal-Mart.

I'm sure I could think of more spots I have used, but these are the most recurring ones, and the last only in emergencies.
 
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