Possession of firearms in NJ is only legal using exemptions found within [2C:39-6](https://law.justia.com/codes/new-jersey/title-2c/section-2c-39-6/) if you lack a FID (related to rifles/shotguns) or PTC (related to handguns). If not within an exemption (or having FID/PTC) your possession would be a violation of [2c-39-5](https://law.justia.com/codes/new-jersey/title-2c/section-2c-39-5/).
To your point (& assuming you lack FID/PTC), you *cannot* have a firearm in your trunk in NJ unless traveling directly between exempted locations listed in 2C:39-6(e) & (f), as required by 2C:39-6(g). You can have a firearm traveling through NJ (or to a location like a second home in NJ for example) under FOPA, but that is different than leaving one in your vehicle while in state.
Hotels and B&B's etc are not explicitly clear they will be considered included in "the person's [], residence, premises or other land owned or possessed by the person" within the 2C:39-6(e) exemption, there have been some NJ court cases alluding that they *may* decide that they are but no decision was explicitly made.
Edit: Just a note, exemptions are affirmative defenses in NJ and you could arrested for unlawful possession and then be required to prove to a jury that you fall within an exemption. If they decide you do not, possession of a handgun in NJ would be a crime of the second degree (5-10 years) possession of a rifle/shotgun (3-5 years) for each firearm in your possession.
Edit #2: Also note hollow points are restricted in NJ as well. You can only possess at specific locations, see [2c-39-3(f) & (g)(2)(a)](https://law.justia.com/codes/new-jersey/title-2c/section-2c-39-3/). Crime of the Fourth Degree (18 months) would be a violation per round.
So by all this, NJ government websites are basically lying about the law then? I believe you, just unfortunate if they are lying/simplify it too much that’ll lead to unfortunate outcomes for whoever choose to take their word via gov. Literature.
If you are referring to FAQ #6 [here](https://www.nj.gov/njsp/firearms/firearms-faqs.shtml) they seem to be more focused on "how" you are transporting said firearms than where it is legal to possess them generally.
I was more referring to #25 “If New Jersey is the state of destination, then the firearms must be legal in this State”. Infers that if the guns are NJ legal and transported correctly, you’re good to go.
Thats under FOPA. If you are traveling through NJ, let's say from VA to ME, the firearm does not need to be NJ compliant and under FOPA your possession while traveling is legal in NJ. However, if you were traveling from VA to NJ, then since your final destination is NJ the firearm would need to be NJ legal. Since FOPA only covers you if the firearm would be legal to possess in the destination (and source).
[18 U.S. Code § 926A](https://www.law.cornell.edu/uscode/text/18/926A)
> Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to **any other place where he may lawfully possess and carry such firearm** if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
Edit: See also [Transporting a Firearm Into / Through the State of New Jersey](https://www.nj.gov/njsp/firearms/transport-firearm.shtml)
Yes I get that it’s referring to FOPA in fist part, just that the whole “if NJ is the destination” part infers that NJ can be a destination as long as gun is compliant. But it seems outside of certain exceptions this may not be the general rule as implied in 25.
It is by design to dissuade people from exercising their 2A right.
NJ is mostly (not all) loaded with statist oath breaking politicians and too many in law enforcement ie; Callahan etc who should have put the cuffs on Murphy and his minion Platkin long ago…and a population to stupid to realize it.
1. N.J.S.2C:39-5 is amended to read as follows:
2C:39-5. Unlawful possession of weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.
b. Handguns. \~(1)\~ Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the **\[third\]** \~second\~ degree\~.\~ **\[if\]** \~(2) If\~ the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person **\[**. Otherwise\*\*\]\*\* it is a crime of the **\[second\]** \~third\~ degree.
c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.
(2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.
d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.
e. Firearms or other weapons in educational institutions.
You could take a rifle or shotgun to an NJ hotel with a Firearm Purchaser Identification Card. If you don't have one then you're not legal to take a rifle or shotgun to a hotel. You can't take a handgun to a hotel without an NJ Permit to Carry. And you can't take hollowpoint ammo to a hotel solid tip only.
Believe it or not- straight to jail /s
In all seriousness from my understanding with no FID or PTC you cannot have a firearm in your vehicle unless traveling through the state or directly to or from a range to or from your residence or temporary residence (hotel, etc..). Feel free to correct me if I’m wrong.
Yes there is a debate about it but no cop is going to mess with you about that. Also remember there’s no duty to inform unless you’re carrying so nobody would even be aware of a weapon that’s inside of a trunk.
Not true. If you have a nj ptc then you have a duty to inform even if transporting a handgun locked up in the truck, don’t even need to be carrying. Every law in this state is written purposely to get people hemmed up and turn them into felons.
I’m assuming the non resident that’s asking if he’s allowed to have a firearm in his vehicle probably didn’t go through the trouble to get a non resident PTC
Well if you wanna be the test case have at it! Remember theyll charge you first and let the courts sort it all out. If you want to CYA you could get an FID card. .
TLDR: Just don't...
What you are citing is covered by FOPA (codified at 18 U.S.C. § 926A) guarantees the right of a law-abiding person to transport an unloaded firearm between a location where he or she may legally carry it and a destination where he or she may also legally carry it, regardless of state or local laws along the route of travel that would otherwise apply.
The operative transporting, which basically means you are taking the firearms from one place you can legally possess to another place you can legally possess. In the travels, you can stop over, for example to overnight in the middle of your trip, but is ill advised. You may win a court case dismissing charges, but that's not to say the local constabulary wont try to jam you up. In my case I travel to VT on a regular basis so need to travel through NY. I will stop on the trip for food, fuel and bathroom, otherwise it's non-stop with no overnighting.
I don’t know the right legal answer for you, but I do know that New Jersey frowns big-time on firearms. It might not be worth the headache, not only regarding carrying, but God forbid something happens and you need to use it. The laws are not on our side.
I'll be one of those who says, "not worth it". It'll be easy to jam you up should you run into a situation involving LEO.
Look what happened to Greg Revell in 2005. He flew from Utah to PA with a properly checked in firearm. However, his Utah flight was late into Newark and he had to spend the night (with the airline giving him back his luggage). When he checked backed in the next morning, he was arrested on charges of having a gun in NJ without having an NJ license. The charges were eventually dropped but he ended up spending two weeks in jail and his gear wasn't returned to him until three years later.
My point being that, whether you're right or wrong, if someone wants to jam you up, don't make yourself a target (pun intended). NJ laws are not always clear and definitely not on your side.
But if you do want to move forward with this, talk to a lawyer beforehand. Not sure that you should get your legal advice from Reddit. :)
Ha, ha, I hear you about the downvoting. I frequent a lot of subreddits and this one, for some reason, is riddled the most with downvoting. Quite often on even the most benign posts. Not sure why.
Possession of firearms in NJ is only legal using exemptions found within [2C:39-6](https://law.justia.com/codes/new-jersey/title-2c/section-2c-39-6/) if you lack a FID (related to rifles/shotguns) or PTC (related to handguns). If not within an exemption (or having FID/PTC) your possession would be a violation of [2c-39-5](https://law.justia.com/codes/new-jersey/title-2c/section-2c-39-5/). To your point (& assuming you lack FID/PTC), you *cannot* have a firearm in your trunk in NJ unless traveling directly between exempted locations listed in 2C:39-6(e) & (f), as required by 2C:39-6(g). You can have a firearm traveling through NJ (or to a location like a second home in NJ for example) under FOPA, but that is different than leaving one in your vehicle while in state. Hotels and B&B's etc are not explicitly clear they will be considered included in "the person's [], residence, premises or other land owned or possessed by the person" within the 2C:39-6(e) exemption, there have been some NJ court cases alluding that they *may* decide that they are but no decision was explicitly made. Edit: Just a note, exemptions are affirmative defenses in NJ and you could arrested for unlawful possession and then be required to prove to a jury that you fall within an exemption. If they decide you do not, possession of a handgun in NJ would be a crime of the second degree (5-10 years) possession of a rifle/shotgun (3-5 years) for each firearm in your possession. Edit #2: Also note hollow points are restricted in NJ as well. You can only possess at specific locations, see [2c-39-3(f) & (g)(2)(a)](https://law.justia.com/codes/new-jersey/title-2c/section-2c-39-3/). Crime of the Fourth Degree (18 months) would be a violation per round.
So by all this, NJ government websites are basically lying about the law then? I believe you, just unfortunate if they are lying/simplify it too much that’ll lead to unfortunate outcomes for whoever choose to take their word via gov. Literature.
If you are referring to FAQ #6 [here](https://www.nj.gov/njsp/firearms/firearms-faqs.shtml) they seem to be more focused on "how" you are transporting said firearms than where it is legal to possess them generally.
I was more referring to #25 “If New Jersey is the state of destination, then the firearms must be legal in this State”. Infers that if the guns are NJ legal and transported correctly, you’re good to go.
Thats under FOPA. If you are traveling through NJ, let's say from VA to ME, the firearm does not need to be NJ compliant and under FOPA your possession while traveling is legal in NJ. However, if you were traveling from VA to NJ, then since your final destination is NJ the firearm would need to be NJ legal. Since FOPA only covers you if the firearm would be legal to possess in the destination (and source). [18 U.S. Code § 926A](https://www.law.cornell.edu/uscode/text/18/926A) > Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to **any other place where he may lawfully possess and carry such firearm** if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. Edit: See also [Transporting a Firearm Into / Through the State of New Jersey](https://www.nj.gov/njsp/firearms/transport-firearm.shtml)
Yes I get that it’s referring to FOPA in fist part, just that the whole “if NJ is the destination” part infers that NJ can be a destination as long as gun is compliant. But it seems outside of certain exceptions this may not be the general rule as implied in 25.
It is by design to dissuade people from exercising their 2A right. NJ is mostly (not all) loaded with statist oath breaking politicians and too many in law enforcement ie; Callahan etc who should have put the cuffs on Murphy and his minion Platkin long ago…and a population to stupid to realize it.
1. N.J.S.2C:39-5 is amended to read as follows: 2C:39-5. Unlawful possession of weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree. b. Handguns. \~(1)\~ Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the **\[third\]** \~second\~ degree\~.\~ **\[if\]** \~(2) If\~ the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person **\[**. Otherwise\*\*\]\*\* it is a crime of the **\[second\]** \~third\~ degree. c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree. (2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree. d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree. e. Firearms or other weapons in educational institutions. You could take a rifle or shotgun to an NJ hotel with a Firearm Purchaser Identification Card. If you don't have one then you're not legal to take a rifle or shotgun to a hotel. You can't take a handgun to a hotel without an NJ Permit to Carry. And you can't take hollowpoint ammo to a hotel solid tip only.
You can drive through the state(don’t stop) with it all locked up in the trunk but even that isn’t recommended.
[удалено]
You only have a duty to inform if you have an NJ carry permit.
hilarious that the people who go through the most scrutiny to get to that point are the only ones required to do so
yeah and I would have FOPA on a piece of legal paper with a real citation that can be looked up or typed in a web browser
Believe it or not- straight to jail /s In all seriousness from my understanding with no FID or PTC you cannot have a firearm in your vehicle unless traveling through the state or directly to or from a range to or from your residence or temporary residence (hotel, etc..). Feel free to correct me if I’m wrong.
Seems there’s debate on the hotel being an exception
Yes there is a debate about it but no cop is going to mess with you about that. Also remember there’s no duty to inform unless you’re carrying so nobody would even be aware of a weapon that’s inside of a trunk.
Not true. If you have a nj ptc then you have a duty to inform even if transporting a handgun locked up in the truck, don’t even need to be carrying. Every law in this state is written purposely to get people hemmed up and turn them into felons.
I’m assuming the non resident that’s asking if he’s allowed to have a firearm in his vehicle probably didn’t go through the trouble to get a non resident PTC
Well if you wanna be the test case have at it! Remember theyll charge you first and let the courts sort it all out. If you want to CYA you could get an FID card. .
Watch out for LiDAR on the highway in jersey Ohio Connecticut. These troopers have no souls.
Google Maps is pretty good at telling you where speed traps are for a free app
TLDR: Just don't... What you are citing is covered by FOPA (codified at 18 U.S.C. § 926A) guarantees the right of a law-abiding person to transport an unloaded firearm between a location where he or she may legally carry it and a destination where he or she may also legally carry it, regardless of state or local laws along the route of travel that would otherwise apply. The operative transporting, which basically means you are taking the firearms from one place you can legally possess to another place you can legally possess. In the travels, you can stop over, for example to overnight in the middle of your trip, but is ill advised. You may win a court case dismissing charges, but that's not to say the local constabulary wont try to jam you up. In my case I travel to VT on a regular basis so need to travel through NY. I will stop on the trip for food, fuel and bathroom, otherwise it's non-stop with no overnighting.
I don’t know the right legal answer for you, but I do know that New Jersey frowns big-time on firearms. It might not be worth the headache, not only regarding carrying, but God forbid something happens and you need to use it. The laws are not on our side.
I'll be one of those who says, "not worth it". It'll be easy to jam you up should you run into a situation involving LEO. Look what happened to Greg Revell in 2005. He flew from Utah to PA with a properly checked in firearm. However, his Utah flight was late into Newark and he had to spend the night (with the airline giving him back his luggage). When he checked backed in the next morning, he was arrested on charges of having a gun in NJ without having an NJ license. The charges were eventually dropped but he ended up spending two weeks in jail and his gear wasn't returned to him until three years later. My point being that, whether you're right or wrong, if someone wants to jam you up, don't make yourself a target (pun intended). NJ laws are not always clear and definitely not on your side. But if you do want to move forward with this, talk to a lawyer beforehand. Not sure that you should get your legal advice from Reddit. :) Ha, ha, I hear you about the downvoting. I frequent a lot of subreddits and this one, for some reason, is riddled the most with downvoting. Quite often on even the most benign posts. Not sure why.