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Posted: 12/17/2023 11:16:42 AM EDT
Planning on visiting family in NJ for two nights over the holidays and I'd like to have my handgun with me. Not to carry, but just have in my vehicle while traveling, and in my son's house while there.

Can I do it legally?

According the the NJ State Police website, "All firearms transported into the State of New Jersey:
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."

I've also heard people say no way...leave it at home.

So which is it?

Transporting a Firearm Into / Through the State of New Jersey.

Thanks.
Link Posted: 12/17/2023 1:08:51 PM EDT
[#1]
Firearms are prohibited in NJ unless you have an exemption for having them.  I'm not a lawyer but I don't recommend bringing a gun with you into NJ.


The following is from Handgunlaw on page 9:



https://handgunlaw.us/states/newjersey.pdf

Here's a recent archived GD thread of interest:

https://www.ar15.com/forums/General/Traveling-to-New-Jersey-CCW-questions/5-2675516/
Link Posted: 12/17/2023 3:35:17 PM EDT
[#2]
Originally Posted By VACaver:
Planning on visiting family in NJ for two nights over the holidays and I'd like to have my handgun with me. Not to carry, but just have in my vehicle while traveling, and in my son's house while there.

Can I do it legally?
View Quote

No - not unless you have a NJ permit to carry.  2C:39-5b makes it generally illegal to possess a handgun without having first obtained a permit to carry a handgun.  Exemptions to this general statute are spelled out in 2C:39-6e and -6f, but generally only allow for the possession:

- in your residence, and upon land owned or possessed by you ("possessed" in this context refers to renting property) - not staying at a hotel/motel, and not in a guest bedroom of your relatives
- transporting, unloaded and cased/secured, to your residence while moving from one residence to another, to/from a place of purchase, to/from a place of repair (for the purposes of repair), to/from an authorized shooting range, or a place of hunting (with the proper hunting permits, and with firearms appropriate for that type of hunting), and a few other ancillary purposes.  NONE of which apply to you.

.gov websites RARELY spell out all the nuances and particulars of our convoluted laws, and tend to over-generalize.  Look up and read the referenced statutes if you're interested, but the ultimate answer is "leave it at home".
Link Posted: 12/17/2023 3:42:24 PM EDT
[Last Edit: Demeroma] [#3]
Looks like it would be illegal for you to bring your handgun into NJ and keep it at your son's house when visiting because it wouldn't fall under the following exemptions.

https://codes.findlaw.com/nj/title-2c-the-new-jersey-code-of-criminal-justice/nj-st-sect-2c-39-6.html


This is from an attorney's website:








https://www.newjerseycriminallawattorney.com/blog/what-are-the-rules-for-transporting-firearms-in-new-jersey/


I detest these laws but hope the above answers your question.

eta:

Tom488 answered the question more concisely than I ever could!
Link Posted: 12/17/2023 5:16:17 PM EDT
[#4]
Thanks for the replies, but it's still confusing as hell. If I were to follow the guidelines on the State Police website, it should be legal for me to bring a firearm in my car. But the info y'all provided says I can't.

I think I'll give the State Police a call tomorrow and get an answer from them.
Link Posted: 12/17/2023 6:57:35 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By VACaver:
Thanks for the replies, but it's still confusing as hell. If I were to follow the guidelines on the State Police website, it should be legal for me to bring a firearm in my car. But the info y'all provided says I can't.

I think I'll give the State Police a call tomorrow and get an answer from them.
View Quote

Just don't bring a gun to nj. nj isn't America. It's a third world communist shithole. The state police will tell you, 'Sure it's legal.' then pull you over and arrest you.
Link Posted: 12/17/2023 7:04:59 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By TheTallest:

Just don't bring a gun to nj. nj isn't America. It's a third world communist shithole. The state police will tell you, 'Sure it's legal.' then pull you over and arrest you.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By TheTallest:
Originally Posted By VACaver:
Thanks for the replies, but it's still confusing as hell. If I were to follow the guidelines on the State Police website, it should be legal for me to bring a firearm in my car. But the info y'all provided says I can't.

I think I'll give the State Police a call tomorrow and get an answer from them.

Just don't bring a gun to nj. nj isn't America. It's a third world communist shithole. The state police will tell you, 'Sure it's legal.' then pull you over and arrest you.


I'm gonna take your advice. As much as I hate being defenseless away from home, it's the smart thing to do.
Link Posted: 12/18/2023 2:27:02 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By VACaver:


I'm gonna take your advice. As much as I hate being defenseless away from home, it's the smart thing to do.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By VACaver:
Originally Posted By TheTallest:
Originally Posted By VACaver:
Thanks for the replies, but it's still confusing as hell. If I were to follow the guidelines on the State Police website, it should be legal for me to bring a firearm in my car. But the info y'all provided says I can't.

I think I'll give the State Police a call tomorrow and get an answer from them.

Just don't bring a gun to nj. nj isn't America. It's a third world communist shithole. The state police will tell you, 'Sure it's legal.' then pull you over and arrest you.


I'm gonna take your advice. As much as I hate being defenseless away from home, it's the smart thing to do.

I still have a nj FID and some nj compliant firearms and I still refuse to bring any of them into nj.
Link Posted: 12/18/2023 4:22:53 PM EDT
[#8]
Link Posted: 12/19/2023 11:58:43 AM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By NZT:
Really, FNJ.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By NZT:
Originally Posted By TheTallest:

I still have a nj FID and some nj compliant firearms and I still refuse to bring any of them into nj.
Really, FNJ.

When I changed my address on my FID after moving I had to fill out a paper copy of the mental health check form and the njsp explained that since I was out of state now they couldn’t do it automatically like the do every year having the FID.

It took them a month to change my address.

Link Posted: 12/19/2023 4:31:34 PM EDT
[#10]
I bring my guns back and forth from FL to NJ all the time.  I'm not sure what the issue is.
Link Posted: 12/19/2023 6:43:02 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By zer0t:
I bring my guns back and forth from FL to NJ all the time.  I'm not sure what the issue is.
View Quote


The issue is I don't want to break some fucked up NJ law and go to jail. Simple.
Link Posted: 12/19/2023 8:21:55 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By VACaver:


The issue is I don't want to break some fucked up NJ law and go to jail. Simple.
View Quote

INAL and I didn’t sleep at a holiday inn express last night but I’d like to know what law is being broken?   I’m storing it properly traveling under FOPA and I’m keeping it where I’m lodging.  Don’t take it out anywhere because NJ with a PTC you can only transport guns to the range or hunting ground. I’m not sure if the unnecessary deviation law is in place but I’m not sure in your case you are breaking the law.  

Link Posted: 12/20/2023 11:13:46 AM EDT
[Last Edit: KnuckleSandwich] [#13]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By zer0t:

INAL and I didn’t sleep at a holiday inn express last night but I’d like to know what law is being broken?   I’m storing it properly traveling under FOPA and I’m keeping it where I’m lodging.  Don’t take it out anywhere because NJ with a PTC you can only transport guns to the range or hunting ground. I’m not sure if the unnecessary deviation law is in place but I’m not sure in your case you are breaking the law.  

View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By zer0t:

INAL and I didn’t sleep at a holiday inn express last night but I’d like to know what law is being broken?   I’m storing it properly traveling under FOPA and I’m keeping it where I’m lodging.  Don’t take it out anywhere because NJ with a PTC you can only transport guns to the range or hunting ground. I’m not sure if the unnecessary deviation law is in place but I’m not sure in your case you are breaking the law.  


I believe the issue is the intentional ambiguity of the statute. The law bans guns everywhere, with exceptions. It does not make a specific exception for your temporary lodging while travelling. I'd have to look it up, but it's something to the effect of, to or from your dwelling or business. Is your lodging a dwelling? Perhaps, and perhaps not, the ambiguity intentionally leaves it up to the judge. The local constable that you encounter will gladly just arrest you and let the judge sort it out. People have been arrested and charged with this before.

The classic example is the man from UT that missed his connecting flight in Newark. He went to a hotel to stay the night, and upon returning to the airport and checking in his gun, they called the Stasi and locked him up because he illegally transported the firearm in NJ to his hotel room.

But the flight from Minneapolis to Newark was late, so Revell missed his connection to Allentown. The airline wanted to bus its passengers to Allentown, but Revell realized that his luggage had not made it onto the bus and got off. After finding his luggage had been given a final destination of Newark by mistake, Revell missed the bus. He collected his luggage, including his gun and ammunition, and decided to wait in a nearby hotel with his stuff until the next flight in the morning.

When Revell tried to check in for the morning flight, he again informed the airline officials about his gun and ammunition to have them checked through to Allentown. He was reported to the TSA, and then arrested by Port Authority police for having a gun in New Jersey without a New Jersey license.

He spent 10 days in several different jails before posting bail. Police dropped the charges a few months later. But his gun and ammunition were not returned to him until 2008.
Link Posted: 12/20/2023 4:00:09 PM EDT
[Last Edit: zer0t] [#14]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By KnuckleSandwich:

I believe the issue is the intentional ambiguity of the statute. The law bans guns everywhere, with exceptions. It does not make a specific exception for your temporary lodging while travelling. I'd have to look it up, but it's something to the effect of, to or from your dwelling or business. Is your lodging a dwelling? Perhaps, and perhaps not, the ambiguity intentionally leaves it up to the judge. The local constable that you encounter will gladly just arrest you and let the judge sort it out. People have been arrested and charged with this before.

The classic example is the man from UT that missed his connecting flight in Newark. He went to a hotel to stay the night, and upon returning to the airport and checking in his gun, they called the Stasi and locked him up because he illegally transported the firearm in NJ to his hotel room.

View Quote

I don’t know where this article is from but there is no such thing as a New Jersey license.  PTC is a new thing, for the most part, and you do not have to have an FPID or P2P on a gun you own.  When I lived there I would bring my guns purchased in FL all the time because they were easier to acquire.  I still have a house there but if I stop at my kids I don’t think twice about having a gun in the car that I bring in the house.  I wouldn’t worry about a hotel either.  I suggest OP call NJSP and ask for clarification.  I totally get NJ has the among the shittiest guns laws in the country and of course there is no risk if you do not bring a firearm.  I am not sure why OP would bring one anyway when they cannot carry it, it won’t do much good if he’s out and about and it’s locked in a box at home.
Link Posted: 12/20/2023 4:48:13 PM EDT
[Last Edit: KnuckleSandwich] [#15]
The news media always uses this licensed gun phrase even though it means nothing except in the context of a CCW permit/license. Countless articles mention "licensed gun," or "registered firearm," even though there really isn't a license to own a gun, nor do any people actually register their firearms.

While I understand where you are coming from, and why any reasonable person would think the interpretation of the exception to the law allows anyone to transport legally between where they are currently sleeping and the gun range, hunting lands, business you own, etc., that is not historically how it has been interpreted by police. In reality, if a person has a deed or rental agreement to the "dwelling" I think there is lower risk that police will jam you up, but not zero risk. If the person is staying in a hotel, AirBnB, or relatives house, the police are going to arrest you and take your firearm.

And yes, the real point of all this is that the math just does not add up to justify bringing a gun into NJ unless you are comfortable with the very real possibility that you will be arrested, jailed, and have your firearm(s) confiscated for no real reward.
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