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; Originally Posted by tommy3rd FYI, hollow points are legal to own and use in NJ. Just don't commit a crime with it, because it would ...

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Thread: Staying overnight in NJ??

  1. #31
    Member Array torontogunguy's Avatar
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    Quote Originally Posted by tommy3rd View Post
    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.
    Sorry but I beg to differ and suggest that hollow point ammunition (on its own, with or without a firearm in close proximity) is a felony to possess in NJ. Even one single round.

    HOWEVER, a FJHP Fully Jacketed Hollow Point is, apparently, not considered to be a hollow point as the definition in the NJ statutes state something to the effect of there being a hollow space at the front and the fully jacketed hollow point negates this.

    Still, having just returned from a trip to NJ for a funeral, I chose to leave my handguns at home and I took the wife's car after going over it with a fine tooth comb to ensure that a hollow point did not accidentally fall into the spare tire well or somewhere.

    NJ is bad news. If you are going to travel NJ you take the time YOURSELF to investigate the NJ statutes and please take every bit of advice that you get on ANY of the sites, including the NJ forums, with a grain of salt.

    We travel through the states a whole lot every year and spend time in almost every state and there is NO STATE that scares me more than NJ. Period. Why they will not adopt 'shall issue' is beyond me as if there was ever a state that needed for its folks to be carrying concealed, NJ comes to mind right away. I have witnessed running gun battles in Atlantic City. Even my relatives who live in Margate, Ventnor, etc., try not to venture out into the night these days.

    You can always look into shipping your handguns and ammo (seperately) to your next destination outside of NJ and that would be my preference on a long trip. Otherwise I just avoid NJ much to the chagrin of my cousins.

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  3. #32
    Distinguished Member Array REVMAN's Avatar
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    He called the NJ State Police last Friday and was transfered to the CW department. He told them about his situation and told them 3 times that he would be staying overnight (for one night). This is what they told him: As a non-res with a permit covering his starting and ending destination, he could bring his weapon through the state as long as it was unloaded and locked in a case with the ammo locked up seperate and as far away from the driver as possible (in his motorhome). He asked 3 times about staying overnight and they continued to tell him he would be ok as long as he followed the instructions listed above. They also said that if for any reason he was stopped, to be SURE to inform the LEO at once and be sure to show ALL permits and have his bill of sale.

    I know this is not what I've been hearing but just wanted to pass along what they told him. He even said they were very friendly. I just wish he would have thought about recording the call.
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  4. #33
    Member Array tommy3rd's Avatar
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    Quote Originally Posted by torontogunguy View Post
    Sorry but I beg to differ and suggest that hollow point ammunition (on its own, with or without a firearm in close proximity) is a felony to possess in NJ. Even one single round.
    again, you CAN own and use hollow points. check out the first 2 sentences.
    here: New Jersey State Police - Transportation and Use of Hollow Point Ammunition by Sportsmen

  5. #34
    Senior Member Array press1280's Avatar
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    Quote Originally Posted by REVMAN View Post
    He called the NJ State Police last Friday and was transfered to the CW department. He told them about his situation and told them 3 times that he would be staying overnight (for one night). This is what they told him: As a non-res with a permit covering his starting and ending destination, he could bring his weapon through the state as long as it was unloaded and locked in a case with the ammo locked up seperate and as far away from the driver as possible (in his motorhome). He asked 3 times about staying overnight and they continued to tell him he would be ok as long as he followed the instructions listed above. They also said that if for any reason he was stopped, to be SURE to inform the LEO at once and be sure to show ALL permits and have his bill of sale.

    I know this is not what I've been hearing but just wanted to pass along what they told him. He even said they were very friendly. I just wish he would have thought about recording the call.
    That's suprising that they even told him anything. They usually just spit the statute back and tell you to ask advice from a lawyer. I asked the state PD a similiar question, but the person there told me I'd be rolling the dice and a court may not look favorably upon it. I'm also not sure why they need permits for final and starting destinations,as even with no CCWs you can possess a handgun(as long as you aren't a felon) anywhere outside Chicago.
    The motorhome angle is interesting though......hopefully soon we won't need to be having these discussions.
    "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..."
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  6. #35
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    Quote Originally Posted by REVMAN View Post
    He called the NJ State Police last Friday and was transfered to the CW department. He told them about his situation and told them 3 times that he would be staying overnight (for one night). This is what they told him: As a non-res with a permit covering his starting and ending destination, he could bring his weapon through the state as long as it was unloaded and locked in a case with the ammo locked up seperate and as far away from the driver as possible (in his motorhome). He asked 3 times about staying overnight and they continued to tell him he would be ok as long as he followed the instructions listed above. They also said that if for any reason he was stopped, to be SURE to inform the LEO at once and be sure to show ALL permits and have his bill of sale.

    I know this is not what I've been hearing but just wanted to pass along what they told him. He even said they were very friendly. I just wish he would have thought about recording the call.

    Did he at least get the officers name and badge number?

    I know my NRA instructor basically did the same thing when going though NJ once. He actually called to tell them when he would be travelling through and got the officers info just in case. He said they were surprised someone was actually being proactive and making sure they were abiding by the law.

  7. #36
    Distinguished Member Array REVMAN's Avatar
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    Quote Originally Posted by fastk9dad View Post
    Did he at least get the officers name and badge number?

    I know my NRA instructor basically did the same thing when going though NJ once. He actually called to tell them when he would be travelling through and got the officers info just in case. He said they were surprised someone was actually being proactive and making sure they were abiding by the law.
    No he didn't get anything. That was the first thing I asked him. Like I said above, wish he would have recorded the call.....but he didn't. Also as I posted above, he called the State Police first and then they transfered him to the CW department and that's who gave him the info. I talked to him again last night and he's pretty much made his mind up to carry through the state as they told him. In addition to the papers and permit they told him to have he said he would also have the phone number and ext he called for the info. I don't know.....
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  8. #37
    VIP Member Array Guns and more's Avatar
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    Federal law allows for travel between places where one is legal. I.e., if you're legal at both your origin and your final destination, you're legal in between as long as the firearm is not readily accessible to you.
    Traveling through does not include spending the night. It will be hard to argue that NJ is so big he had to stop.

  9. #38
    Member Array TVille's Avatar
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    Quote Originally Posted by Guns and more View Post
    Traveling through does not include spending the night. It will be hard to argue that NJ is so big he had to stop.
    Especially when he stated that he "had" to stop in NJ.

  10. #39
    Distinguished Member Array REVMAN's Avatar
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    Quote Originally Posted by Guns and more View Post
    Traveling through does not include spending the night. It will be hard to argue that NJ is so big he had to stop.
    It's not that he has to stay over night because of travel distance.......
    he has a business meeting that he can't get out of. That's what he told the NJ State Police.
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  11. #40
    Senior Member Array SCfromNY's Avatar
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    If you read the response carefully at no time did the NJ CW office say it was OK to stay overnight. He just repeated the peaceable journey law.
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  12. #41
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    Quote Originally Posted by tommy3rd View Post
    again, you CAN own and use hollow points. check out the first 2 sentences.
    here: New Jersey State Police - Transportation and Use of Hollow Point Ammunition by Sportsmen
    It says don't trust the N.J. State Police. FOR INFORMATION ONLY. CONTACT AN ATTORNEY. It further says JHP can be transported for hunting use and that a valid hunting license is needed for where the person traveling through N.J. will be hunting.

    Not worth the effort.
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  13. #42
    Senior Member Array dripster's Avatar
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    Quote Originally Posted by REVMAN View Post
    A good friend of mine is traveling from NC to NH. He has permits to cover him everywhere he is stopping except NJ. He asked me if it was anyway to be legal while spending the night in NJ? I told him that I didn't think so but would ask you folks. He has no choice for staying over night in NJ.
    Just tell him to leave it with me, I live on the border of NJ, NY and PA. Ill clean it and shoot it for him.
    One more step and it's on!

  14. #43
    Senior Member Array Mardet65's Avatar
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    Quote Originally Posted by gasmitty View Post
    As long as the gun remains locked in the trunk and separated from ammunition, he should be OK. Federal law allows for travel between places where one is legal. I.e., if you're legal at both your origin and your final destination, you're legal in between as long as the firearm is not readily accessible to you.
    There are state laws that trump that . . . New York for one.
    "Kimbers are the guns you show your friends, Glocks are the guns you show your enemies."

  15. #44
    VIP Member Array MitchellCT's Avatar
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    I love when people try to interpret the FOPA for themselves.

    If you are going to try and get technical with the NJSP have a bondsman & lawyer on retainer.

    Also, don't carry any weapons you actually like. You will loose them.

  16. #45
    Senior Member Array boscobeans's Avatar
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    Quote Originally Posted by Mardet65 View Post
    There are state laws that trump that . . . New York for one.
    How does NY law (city or state) trump that..

    Federal transport law holds true in NYC and NYS as long as you are passing through from one legal place to another..

    OMO

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