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Carry question in NJ

Discussion in 'Carry Issues' started by rpgman, Jun 30, 2012.

  1. rpgman

    rpgman SCGLOCK

    1,158
    0
    Jul 27, 2011
    Florence
    I've read the following:
    http://handgunlaw.us/states/newjersey.pdf

    But can someone from NJ explain?

    I'm coming from South Carolina and would like to stop at one of the hotels in New Jersey. Not just pass through the state.

    I'll be carrying a handgun in the vehicle.

    Am I allowed to do that? :dunno:
     
    Last edited: Jun 30, 2012

  2. maniDAR

    maniDAR

    326
    0
    Oct 7, 2009
    nj
    Here is what the NRA says about New Jersey.
    New Jersey has highly restrictive firearms laws. The New Jersey Supreme Court has ruled that anyone traveling within the state is deemed to be aware of these regulations and will be held strictly accountable for violations. (End NRA Statement)
     
  3. rpgman

    rpgman SCGLOCK

    1,158
    0
    Jul 27, 2011
    Florence
    yea read that also....

    so....I guess that screws those plans.

    NJ is so backwards
     
  4. The FOPA allows you to carry your gun in your car, as long as its storage meets the law's requirements, and pass through any city or state as you proceed to your destination as long as you can legal possess that firearm in your origination and destination locations.

    This includes stops for food, fuel, and lodging but not for visiting, sight seeing, or shopping. I believe that you cannot remove your firearm from your car and take it into a motel or hotel in New Jersey as that would be seen to be not covered under the FOPA, i.e., you could be in trouble if you do this. There are a few states which have a history of ignoring the FOPA and outright violate it, figuring that you will be hassled and go to court. Maryland is one of these and I suspect New Jersey is as well. I may be better to leave your firearm at home. They are a bit backward up there so be careful.
     
    Last edited: Jun 30, 2012
  5. rpgman

    rpgman SCGLOCK

    1,158
    0
    Jul 27, 2011
    Florence
    so what would be the storage requirements?
     
  6. Unless you NEED to pass through NJ, avoid it. Whether the charges are upheld or not you'll be very inconvenienced if the state of NJ decides to push.
     
  7. maniDAR

    maniDAR

    326
    0
    Oct 7, 2009
    nj
    Magazine limit for hand guns are 10 and it does not matter what state are you coming from you can not posses any high cap mags.

    Be careful with that also.

    and according to our Great State of NJ all the states issuing CCW permits are so backwards ....lol
     
  8. http://www.law.cornell.edu/uscode/text/18/926A

    Basically, secure the unloaded gun in a case in your trunk, assuming you have one, and the ammunition in a separate secured place.

    If you don't have to pass through Maryland and New Jersey, I would avoid those states. You're more than welcome to stop over in Virginia and spend your money. And we recognize your concealed carry permit here. If you don't have one, you may openly carry your sidearm if you wish. We have fewer restrictions than you are accustomed to in South Carolina (love your state, too), so do stop in Virginia and enjoy.
     
    Last edited: Jun 30, 2012
  9. True. He'll win in the end, but it would be a hassle.
     
  10. rpgman

    rpgman SCGLOCK

    1,158
    0
    Jul 27, 2011
    Florence
    thanks, appreciate the responses.

    guess we'll avoid NJ.......too much trouble....guess they don't need my dollars.
     
  11. This does not apply to a traveler under the FOPA. Same for expanding ammunition. As long as he is passing through and is abiding by the FOPA law, he is fine. This does not to say that New Jersey won't push the issue, but if stopped don't let them search your car. No warrant, no search.
     
    Last edited: Jun 30, 2012
  12. Your money is more than welcome in my state as is your presence. After all, we're sister Southern states. I'll be visiting your fine state several times this year. I've been to Florence several times and love it, too.
     
  13. rpgman

    rpgman SCGLOCK

    1,158
    0
    Jul 27, 2011
    Florence

    oh, I love VA.....
    Great state.....

    we'll be either stopping there or passing through.
     
  14. Yes, do stop for food if nothing else. You can carry into restaurants... even those which serve alcohol for consumption on the premises, concealed if you have a permit or open regardless of whether you have a permit or not. If you choose to do this, we ask that you do not imbibe when armed. This sends a negative message to others around you.

    I love the low country in South Carolina and have been all up and down your coast from the top of the Grand Strand to Beaufort and Port Royal. Your low country has some of my favorite places in the U.S. In Virginia, the Piedmont is probably the nicest part of the state. We don't have a lot of ocean coast line and I am a water person. Virginia is a beautiful state.. the wife and I have a long lineage here (her's goes back to 1636).

    Enjoy your trip and drive safe.
     
  15. dvrdwn72

    dvrdwn72

    1,205
    1
    Nov 26, 2010
    I can tell you as I am from NJ that "if" caught with a handgun in NJ you WILL be arrested reguardless of what federal law says. You will then need an attorney, go to court and have the charges dismissed or reduced. Now if your in possesion of hicap mags, well your screwed, if you have hollow points in your possesion, well thats a felony count for each round. When I go to jersey to visit family or friends I hit Pennsylvania. I stay at his house and leave my firearm there while I visit jersey.
     
  16. Quiet

    Quiet Casino Goon

    The Second Circuit Court of Appeals recently ruled that the FOPA [18 USC 926A] only provides protection when used as a defense at trial and did not protect you from being arrested & jailed for violating state gun laws, in particular possessing non-permitted firearms by non-residents while traveling through NJ & NY (case stemmed from arrest of non-permitted handgun in NY due to layover at airport).
     
    Last edited: Jun 30, 2012
  17. SJ 40

    SJ 40

    13,458
    3,187
    Jan 17, 2011
    Vermont
    I just avoid or drive around occupied states like the Plague their is nothing I need nor want in them. SJ 40
     
  18. That is really a shame. With a good attorney I would wager you'd win the case and have a nice little nest egg, at taxpayers' expense for your early retirement. I guess I just don't see how they can get away with this.

    I have heard from a very reputable attorney in my state that Maryland is like this, too. On occasion they have "Nights Out" evenings in my town. This is a gathering of police from several different precincts who show their wares to the local folks and talk about their work. Police cars, highly trained dogs, etc. highlight the bill when they have these events. I have seen police cars from DC and I believe Maryland. Next time they have one of these in my area, maybe I should show up with my little friend on my side in full view just to stick it in their face (DC and Maryland, that is). They can't do a thing about it.


    Now whether or not I would actually do this, I don't know. But I might feel like it knowing what I have learned. Our police cause us virtually no concern here. Let me give an example.

    About three years ago, Old Town Manassas had its annual festival. This is very popular with food and crafts and a host of other things for people on a Saturday. I didn't know this was going to be taking place and was down there to meet some people for an open carry luncheon. After I found someplace to park my car, I saw an officer and went up to him to ask what was going on... my sidearm in full view. He answered my question and that was it.

    Then around two years ago, there was a similar thing going on in Haymarket, a very small town west of Manassas. The main streets were blocked and once again I didn't know what was going on. I saw an occupied Haymarket police car and pulled my car up in front of his, then got out and walked to his driver's side, again with my little friend visible. He told me what was happening, we shared a few laughs, and I was on my way. No muss, no fuss.

    Guess I'm just not use to police actions such as what apparently takes place in Maryland and New Jersey.
     
    Last edited: Jun 30, 2012
  19. g23rob

    g23rob

    150
    0
    Oct 6, 2008
    Maryland


    +1 :supergrin: