Laws of transporting a handgun
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Laws of transporting a handgun

This is a discussion on Laws of transporting a handgun within the New Jersey Discussion and Firearm News forums, part of the Firearms Discussion by State category; Hello, I'm new to firearms, and I'm curious as to what the laws are pertaining to transporting your handgun in ...

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    Default Laws of transporting a handgun

    Hello,

    I'm new to firearms, and I'm curious as to what the laws are pertaining to transporting your handgun in NJ.

    Must it be completely unloaded, with the ammo separated (ie one in the trunk, one in the glove box)?
    If pulled over, must you notify the officer you are carrying a weapon?

    I would appreciate the information

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    cgiven1's Avatar
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    A little more info. Do you reside in NJ or are you just passing through? If you reside in NJ the appropriate NJ law is followed. If you are passing through you have to abid by the federal statue. You can find some answers here: http://www.handgunlaw.us/states/newjersey.pdf
    Charlie Given
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    I would read everything I can about transportinmg a gun in NJ before I walked out the front door. Do you have your FOID card?

    I live in PA now (recently moved from MD), and under no circumstances would I risk transporting a weapon through NJ. They will (happily) lock you up in 1/2 a heatbeat there.

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    Quote Originally Posted by cgiven1 View Post
    A little more info. Do you reside in NJ or are you just passing through? If you reside in NJ the appropriate NJ law is followed. If you are passing through you have to abid by the federal statue. You can find some answers here: http://www.handgunlaw.us/states/newjersey.pdf
    Incorrect. NJ state law prevails. Even persons traveling through nust abide by each state law as they travel. I travel into and through NJ often. Lock the unloaded gun in a case and lock the case to the trunk hook or rear area of an SUV. Lock the ammo in a separate container. No hollowpoints allowed. Make sure you have your resident state FOID or CCW permit with you. Remember you cannot carry the gun concealed or open in NJ.
    GOD, GUNS and GUITARS

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    Thanks for the swift replies. I am a resident of New Jersey, and I do carry my FOID card with me at all times.

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    Default Avoid NJ

    Best advice I can give is, go around the state of NJ and avoid the chance of any problems by this State's Laws.

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    dagunner is offline Nick
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    you are so close to the answer right now on this sight! go to: New Jersey Concealed Carry Permit Information
    and scroll down - the info you want is there.

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    If you are a resident of NJ, you should consider buying the NJ Gun Law Guide by Evan Nappen. It is a great investment for the NJ gun owner (and a lot cheaper than legal advice by the hour).

    EVAN F. NAPPEN Attorney At Law, PC - Home

    He explains what the law is, how you can be compliant, and how to handle traffic stops without incriminating yourself, as well as how to fortify your defense (and make it easier for your lawyer to get you off the hook) in the event you are arrested.

    Just to give you a small example of the valuable information from his book, to answer your question about notifying a cop during a traffic stop that you have guns in the car--you are NOT obligated by statute to reveal this information. Furthermore, because statute doesn't require it, it cannot be used against you in court if you don't (but can if you do).

    If you're not ready to buy Nappen's book, you can download (or burn to a CD) a free podcast based on NJ gun laws

    Gun For Hire Radio! The Premiere Firearms Radio Channel!

    Evan Nappen has been interviewed many times on this podcast, and always includes useful legal advice to keep you out of jail.

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    Quote Originally Posted by BC1 View Post
    Incorrect. NJ state law prevails. Even persons traveling through nust abide by each state law as they travel. I travel into and through NJ often. Lock the unloaded gun in a case and lock the case to the trunk hook or rear area of an SUV. Lock the ammo in a separate container. No hollowpoints allowed. Make sure you have your resident state FOID or CCW permit with you. Remember you cannot carry the gun concealed or open in NJ.
    I don't know where you are getting this from, but that information is incorrect. If you are travelling state to state, federal statute exempts you from state laws regarding firearms as long as the firearms are transported unloaded, stored in a trunk or locked container, and the possession of the firearms is legal in the state of origin and the state of destination, and you make no stops in between (except for fuel or emergencies). This is found in the McClure-Volkmer Act of 1986, also known as the Firearm Owners Protection Act (18 U.S.C. 926 (a)).

    Ammunition only needs to be separate from the firearm, but does not have to be locked. Both can be in a trunk, as long as they are in separate containers.

    Hollow points are allowed in NJ, as long as you have them at home (or at a business you own), at the range, or are transporting them to either place. It is only a crime to possess hollow point ammo if you are not transporting them according to the exemptions, or you are committing a crime (even if the crime is not related to firearms).

    The only CCW NJ recognizes is its own; CCW's from other states will not get anyone off the hook (just ask Greg Revell about that). Not all states have Firearm ID cards or equivalents, so telling someone out of state to make sure they have one is not helpful. Neither will help you beat an unlawful possession charge in NJ.

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    Quote Originally Posted by Dewhitewolf View Post
    I don't know where you are getting this from, but that information is incorrect. If you are travelling state to state, federal statute exempts you from state laws regarding firearms as long as the firearms are transported unloaded, stored in a trunk or locked container, and the possession of the firearms is legal in the state of origin and the state of destination, and you make no stops in between (except for fuel or emergencies). This is found in the McClure-Volkmer Act of 1986, also known as the Firearm Owners Protection Act (18 U.S.C. 926 (a)).

    Ammunition only needs to be separate from the firearm, but does not have to be locked. Both can be in a trunk, as long as they are in separate containers.

    Hollow points are allowed in NJ, as long as you have them at home (or at a business you own), at the range, or are transporting them to either place. It is only a crime to possess hollow point ammo if you are not transporting them according to the exemptions, or you are committing a crime (even if the crime is not related to firearms).

    The only CCW NJ recognizes is its own; CCW's from other states will not get anyone off the hook (just ask Greg Revell about that). Not all states have Firearm ID cards or equivalents, so telling someone out of state to make sure they have one is not helpful. Neither will help you beat an unlawful possession charge in NJ.
    The Federal statute isn't invoked on the side of the road when you're being arrested. It's invoked as an affirmative defense by your attorney. Thus you get arrested in NJ if you don't carry within their very tight restriction. Your attorney will get you off on the fed statute but by then it's too late... you've been arrested, have a record of such and paid an attorney. This happens daily in NJ. Best to follow the law. I regularly train in NJ and I'm very nervous carrying into this state.

    I didn't quote the law to the other poster. I wrote what I do. I go into Newark and don't want the trunk popped/gun lifted in that hell-hole. The fed law you list is almost exactly the law in NJ. Average citizens are not getting CCW permits and even those with legal guns must transport them locked and unloaded, with ammo locked in a sep container.
    GOD, GUNS and GUITARS

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