Caveat: I am not a New Jersey lawyer.
Quote:
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Originally Posted by Aguila Blanca
. . . .The FOPA says that if the vehicle doesn't have a separate trunk, "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."
IIRC the New Jersey version says "and" rather than "or." The FOPA would trump the NJ version, legally, but why take a chance.
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With all due respect, I know that your position is "why take the chance," but I'd still be cautious about the underlined statement. While it is absolutely true in the literal, Supremacy Clause kind of way, I'm not sure that there's a clear conflict between the NJ law and the federal FOPA. Federal firearms law has a specific statute on the effect that it is intended to have on state law, 18 USC § 927.
Quote:
§ 927. Effect on State law
No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together.
18 U.S.C.A. § 927 (West)
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(emphasis supplied)
If federal law requires that ammo
or firearm be stored in a locked container other than the console or glove compartment, and state law requires that ammo
and firearm be so stored, it's entirely possible that state law will be held not to conflict with federal law at all.