traveling through NJ

Danger Mouse · February 16th, 2008, 08:58 PM

I hate to do it, but I must go to NJ from VA next weekend to pick someone up and return back to VA within 2 days. I know NJ is strict, but I live about 4 hours across the VA state line and I was wanting to carry my gun with me at least to the state line, then locking it up in a box so when I cross back into VA I could have it with me again. I just checked here:
New Jersey State Police - Transporting a Firearm Into / Through the State of New Jersey
and according to this I should be able to go there, pick up my brother inlaw, then return without any problems. Anyone agree/dis agree?

Scott · February 16th, 2008, 10:11 PM

If you are overnighting in NJ I would say you are not covered under the Federal Law or the exemption in NJ Law. However that is worth every penny you paid for it. Consult either the NJ AG office or a practicing criminal law attorney in NJ for a legal opinion. Personally, I wouldn't do it. Go to NJ or take a gun to NJ. Plus you have to cross Maryland, which is almost as bad as NJ, and maybe worse.

Excerpt from NJ Code you'll have to click the forward arrow until you reach the firearms section. Can't link to the section directly for some reason.

Quote:

(3)A person transporting any firearm or knife while traveling:

(a)Directly to or from any place for the purpose of hunting or fishing, provided the person has in his possession a valid hunting or fishing license; or

(b)Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder; or

(c)In the case of a firearm, directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any rifle or pistol club, or any firearms collectors club, for the purpose of displaying the firearms to the public or to the members of the organization or club, provided, however, that not less than 30 days prior to the exhibition or display, notice of the exhibition or display shall be given to the Superintendent of the State Police by the sponsoring organization or club, and the sponsor has complied with such reasonable safety regulations as the superintendent may promulgate. Any firearms transported pursuant to this section shall be transported in the manner specified in subsection g. of this section;

(4)A person from keeping or carrying about a private or commercial aircraft or any boat, or from transporting to or from such vessel for the purpose of installation or repair a visual distress signaling device approved by the United States Coast Guard.

g.All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section 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.

walvord · February 16th, 2008, 10:31 PM

I would suggest that he get a rental car and drive to VA. If he can't afford one, then I would send him what money I would have spent on gas round trip to help him out - but that's just me. I wouldn't set foot in NJ.

Supertac45 · February 17th, 2008, 06:43 PM

Not for a million bucks.

grnzbra · February 17th, 2008, 07:23 PM

What is your "lawful purpose" for going into NJ with a gun. If it is to go to a match or something like that, you're fine. I don't think having it with you so that you can put it back on when you get back to VA will fiy as a "lawful purpose" in NJ.

Ask the guy who was flying from OK to PA, whose flight was diverted to Newark, NJ.

JonInNY · February 17th, 2008, 07:35 PM

My 2 cents: As far as I am aware (this is not an official legal opinion) Federal law supercedes state law... as long as you are transporting, NON-STOP, from a point where you are legally permitted to carry, to a destination where you are legally permitted to carry. I would double-check with an attorney, and keep a copy of the federal law with you, in case you get a LEO that thinks that this is not so.

TN_Mike · February 17th, 2008, 09:25 PM

The Peoples Republic of New Jersey is another state I would never even consider living in. Not of any amount of money.

I won't even travel through them in fact. If you look at Yahoo maps or Mapquest the shortest route to Terre Haute Indiana from Memphis TN is through IL. When we go to visit family there, we go to Nashville on I-40 then up I-65 to Indiana and down I-70 to Terre Haute. That adds about 1 to 2 hours to the trip but it allows us to remain armed the entire way and it also keeps us from spending any money in a state the denies us our right to self defense.

My advice is to have him rent a car and drive himself. If that can't be done, drive around NJ. Avoid entering any state that denies you your rights to defend your life. Don't give them any money.

kazzaerexys · February 17th, 2008, 10:06 PM

The Firearm Owner Protection Act includes an interstate transport clause that allows you to transport a gun across state lines so long as you may legally posess the gun at both destination and origin. Your destination and origin are VA, so you're fine there. FOPA pretty much only lets you stop for food and gas, so don't spend any more time than necessary in MD or NJ. Also, in MD at least, they count having a loaded magazine in the same car trunk as the locked up gun to be 'transporting a loaded weapon'. Make sure of the fine print as far as mags go, but if the gun is locked up and the ammo is locked up separately (why, yes, I do keep two CoM boxes in my trunk

), and you don't dally, it seems you have federal law on your side.

I am driving to a match up in Massachusetts next week. I will drive through NJ this way. On the other hand, I am adding about a half-hour to my drive to avoid NYC, federal law notwithstanding.

havegunjoe · February 19th, 2008, 05:05 PM

Avoid Jersey like the plague. The real problem is you are not going to NJ, picking up the brother-in-law and returning the same day. You plan to stay over 2 days. Don't do it!

February 16th, 2008, 08:58 PM	#1
Danger Mouse Member Join Date: Dec 2007 Location: Cumberland, VA Posts: 361	traveling through NJ I hate to do it, but I must go to NJ from VA next weekend to pick someone up and return back to VA within 2 days. I know NJ is strict, but I live about 4 hours across the VA state line and I was wanting to carry my gun with me at least to the state line, then locking it up in a box so when I cross back into VA I could have it with me again. I just checked here: New Jersey State Police - Transporting a Firearm Into / Through the State of New Jersey and according to this I should be able to go there, pick up my brother inlaw, then return without any problems. Anyone agree/dis agree? __________________ Think twice Buy once!

February 16th, 2008, 10:31 PM	#3
walvord Senior Member Join Date: Jul 2006 Location: St. Charles County Missouri Posts: 723	I would suggest that he get a rental car and drive to VA. If he can't afford one, then I would send him what money I would have spent on gas round trip to help him out - but that's just me. I wouldn't set foot in NJ. __________________ "That government is best which governs least." — HENRY DAVID THOREAU Life Member - NRA Member - GOA U.S. Army 1975-80

February 17th, 2008, 06:43 PM	#4
Supertac45 VIP Member Join Date: May 2006 Location: Michigan's U.P. Posts: 2,952	Not for a million bucks. __________________ Les Baer 45 Sig Man N.R.A. Patron Life Member M.C.R.G.O.

February 17th, 2008, 07:23 PM	#5
grnzbra Member Join Date: Apr 2005 Location: New Jersey Posts: 293	What is your "lawful purpose" for going into NJ with a gun. If it is to go to a match or something like that, you're fine. I don't think having it with you so that you can put it back on when you get back to VA will fiy as a "lawful purpose" in NJ. Ask the guy who was flying from OK to PA, whose flight was diverted to Newark, NJ. __________________ There's a reason The Sopranos is set in New Jersey. Basic Pistol

February 17th, 2008, 07:35 PM	#6
JonInNY VIP Member Join Date: Jan 2008 Location: Mid-Hudson Valley New York State Posts: 2,523	My 2 cents: As far as I am aware (this is not an official legal opinion) Federal law supercedes state law... as long as you are transporting, NON-STOP, from a point where you are legally permitted to carry, to a destination where you are legally permitted to carry. I would double-check with an attorney, and keep a copy of the federal law with you, in case you get a LEO that thinks that this is not so. __________________ "The right of voting for representatives is the primary right by which all other rights are protected." -- Thomas Paine ____________________________ Quis custodiet ipsos custodes? (Who will guard the guards?) -- Juvenal

February 17th, 2008, 09:25 PM	#7
TN_Mike VIP Member Join Date: May 2006 Location: Arlington, TN Posts: 5,114	The Peoples Republic of New Jersey is another state I would never even consider living in. Not of any amount of money. I won't even travel through them in fact. If you look at Yahoo maps or Mapquest the shortest route to Terre Haute Indiana from Memphis TN is through IL. When we go to visit family there, we go to Nashville on I-40 then up I-65 to Indiana and down I-70 to Terre Haute. That adds about 1 to 2 hours to the trip but it allows us to remain armed the entire way and it also keeps us from spending any money in a state the denies us our right to self defense. My advice is to have him rent a car and drive himself. If that can't be done, drive around NJ. Avoid entering any state that denies you your rights to defend your life. Don't give them any money. __________________ A government big enough to give you everything you want, is strong enough to take everything you have. —Barry Goldwater 1968 Tennessee Firearms Association

February 17th, 2008, 10:06 PM	#8
kazzaerexys Senior Member Join Date: Nov 2007 Location: Maryland Posts: 919	The Firearm Owner Protection Act includes an interstate transport clause that allows you to transport a gun across state lines so long as you may legally posess the gun at both destination and origin. Your destination and origin are VA, so you're fine there. FOPA pretty much only lets you stop for food and gas, so don't spend any more time than necessary in MD or NJ. Also, in MD at least, they count having a loaded magazine in the same car trunk as the locked up gun to be 'transporting a loaded weapon'. Make sure of the fine print as far as mags go, but if the gun is locked up and the ammo is locked up separately (why, yes, I do keep two CoM boxes in my trunk ), and you don't dally, it seems you have federal law on your side. I am driving to a match up in Massachusetts next week. I will drive through NJ this way. On the other hand, I am adding about a half-hour to my drive to avoid NYC, federal law notwithstanding. __________________ “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

February 19th, 2008, 05:05 PM	#9
havegunjoe Distinguished Member Join Date: Mar 2005 Location: Minnesota Posts: 1,781	Avoid Jersey like the plague. The real problem is you are not going to NJ, picking up the brother-in-law and returning the same day. You plan to stay over 2 days. Don't do it! __________________ DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONTESTING THE VOTE. Certified Instructor for Minnesota Carry Permit NRA Pistol and Personal Protection Insrtuctor Utah Permit Certified Instructor

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