Staying overnight in NJ?? - Page 2

Staying overnight in NJ??

This is a discussion on Staying overnight in NJ?? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; NJ gun laws are pretty harsh. I just went through the same exercise while stopping overnight in MD and came to the conclusion that it ...

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Thread: Staying overnight in NJ??

  1. #16
    Member Array BigFish's Avatar
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    NJ gun laws are pretty harsh. I just went through the same exercise while stopping overnight in MD and came to the conclusion that it wasn't worth the legal risk, and given that NJ is even worse I would avoid taking any type of firearm through the state let alone overnight there.

  2. #17
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    Quote Originally Posted by SCfromNY View Post
    As others have said the peaceable journey law does not allow for friendly stops never mind overnight.

    A few years ago, lawsuit still pending, a gentleman legally flying from one state to another had a flight change in NJ. There were problems, the flight cancelled, and the airline arranged for a room and sent him his luggage containing his legally declared handgun.

    He was arrested and jailed for 4 days before he could be released for having a handgun in NJ. In jail he was subjected to many unpleasant activities. Sure you want to take a chance?
    This is a true story that I first read about in an NRA newsletter.
    Since handguns must be registered and HP ammo is illegal in NJ, he was arrested and jailed. I believe it took over a year for him to get his pistol back. Here is part of the story.

    The Volokh Conspiracy Unexpected Flight Delay => Hotel Stay => Criminal Prosecution for Gun Possession
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  3. #18
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    Quote Originally Posted by SIGP250 View Post
    ....
    Since handguns must be registered and HP ammo is illegal in NJ, he was arrested and jailed.
    Really want to get your BP up read:

    http://www.ca3.uscourts.gov/opinarch/092029p.pdf

    In a triple-2 whammy for Revell, not only had the airline made
    him miss his connection and then put him on a bus instead of a
    plane, a Northwest employee had mistakenly checked his
    luggage to Newark, instead of Allentown, as his final
    destination.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

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  4. #19
    Member Array Damon1976's Avatar
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    In reality the answer to the question is NO. If anything unfortunate happens he will be screwed. There was a huge case some years back about a guy traveling with his gun and he had a flight that got laid over in NJ, no fault of his own. He originally got hit with some felony gun charges.

  5. #20
    Member Array Damon1976's Avatar
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    Quote Originally Posted by joshe View Post
    no hollow points as well.
    each hollow is 1 felony charge

  6. #21
    Member Array Damon1976's Avatar
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    Quote Originally Posted by Brass63 View Post
    Federal Law does protect travel through a state, (locked/separated) but you might want to double check whether that law covers an overnight stay or not.
    I've heard that it does. And I've heard that it doesn't.
    For example, if your car is stolen from your hotel, what legal ramifications will you face when NJ LE find out that there was an out-of-state firearm in the trunk.
    you are right and wrong at the same time. that federal law may work in the LONG run. but it will not stop the local PD for arresting, detaining you AND taking your fire arms.

    I SPEAK FROM RECENT EXPERIENCE.

  7. #22
    Member Array Damon1976's Avatar
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    Quote Originally Posted by SCfromNY View Post
    As others have said the peaceable journey law does not allow for friendly stops never mind overnight.

    A few years ago, lawsuit still pending, a gentleman legally flying from one state to another had a flight change in NJ. There were problems, the flight cancelled, and the airline arranged for a room and sent him his luggage containing his legally declared handgun.

    He was arrested and jailed for 4 days before he could be released for having a handgun in NJ. In jail he was subjected to many unpleasant activities. Sure you want to take a chance?
    this same thing happend to me flying through new york last year

  8. #23
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    FYI, hollow points are legal to own and use in NJ.
    Just don't commit a crime with it, because it would be additional charges. In other words, if you get caught illegally possessing a handgun, the hollow points are extra charges.
    So if you have any sort of handgun in the passenger compartment and get caught in the process, you're screwed. Unless of course you have the elite and exclusive golden ticket...otherwise known as an NJ CCW permit.

  9. #24
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    Quote Originally Posted by Damon1976 View Post
    In reality the answer to the question is NO. If anything unfortunate happens he will be screwed. There was a huge case some years back about a guy traveling with his gun and he had a flight that got laid over in NJ, no fault of his own. He originally got hit with some felony gun charges.
    Some guys don't bother to read the thread and just blast away. The last 3 posts have been about the guy from NJ. Dave's post is the entire transcript from the legal appeals regarding this case.
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  10. #25
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    Quote Originally Posted by REVMAN View Post
    Thanks guys......as for going around NJ, he has a stop over in NJ that he MUST make. No choice on that. I knew he could go "through" the state as long as it is locked in seperate boxes from the ammo but my concern was his stay over for a night. You know it's pretty blame sad you have to be so concerned about an issue like this in a state that has proven that their "gun laws" are NOT working so good.
    There's possibly one way, but it's a PITA. He could drive into NJ, drop off his weapon at a gun store for cleaning, take care of his buisness in NJ(stay overnight as well), then pick up the gun from the gun store and get back on the road. NJ has exceptions for travel to/from gun stores.He'd just have to work out all the logistics.

    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.

    The only kink is that NJ law is silent when it relates to non-resident travelers. But doing it this way will allow him to have a receipt showing he had the gun at an "approved" destination under NJ law.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

  11. #26
    Distinguished Member Array REVMAN's Avatar
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    I think it's best that he just overnight it to his destination to be on the safe side. I appreciate all the info you guys have given. This may need to be a seperate thread but do any of you know of any special laws for shipping a gun overnight?
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  12. #27
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    Quote Originally Posted by REVMAN View Post
    I think it's best that he just overnight it to his destination to be on the safe side. I appreciate all the info you guys have given. This may need to be a seperate thread but do any of you know of any special laws for shipping a gun overnight?
    A person may ship a firearm to himself in care of another person in the state where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

    A non licensee may ship a firearm by common or contract carrier to a resident of his or her own state or to a licensee in any state.

    A common or contract carrier must be used to ship a handgun. In addition federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label be placed on the package indicating that it contains a firearm. 18 U.S.C. 922(a)(2)(A) 27 CFR 478.31 and 478.30

    Estimate: NC to NH - UPS: next day air $69.22, 2-day air $30.81.
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  13. #28
    Distinguished Member Array REVMAN's Avatar
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    Thanks Sig for the postal info......he will most likely go with the 2 day since he will have about 4-5 days before he gets to the pick up location. So he won't need it real fast. I really didn't realize you couldn't ship through the post office and I'm sure he didn't either because he just told me about 30 minutes ago he was planning on shipping through them (P.O.). Thanks
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  14. #29
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    Quote Originally Posted by REVMAN View Post
    Thanks Sig for the postal info......he will most likely go with the 2 day since he will have about 4-5 days before he gets to the pick up location. So he won't need it real fast. I really didn't realize you couldn't ship through the post office and I'm sure he didn't either because he just told me about 30 minutes ago he was planning on shipping through them (P.O.). Thanks
    A non-licensee may mail a rifle or shotgun via U.S. Postal Service to a resident of his or her own state or to a licensee (FFL) in any state. Handguns are not mailable by USPS by non-licensee's.

    I sometimes ship handguns commercially as an FFL to another FFL or manufacturer but must submit PS form 1508 Statement by shipper of firearms with each shipment.
    If you understand, things are just as they are... If you do not understand, things are just as they are....
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  15. #30
    Distinguished Member Array REVMAN's Avatar
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    Thanks Sig!!!
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