View Single Post
Old December 27, 2010, 03:06 PM   #101
DogoDon
Senior Member
 
Join Date: January 8, 2010
Location: Charlotte, NC
Posts: 368
From New Jersey Code of Criminal Justice, Title 2C, Chapter 39-6:

Quote:
e.Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

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.
The above provisions are the ones that might have excepted Aitken from the law that otherwise makes possession of a handgun illegal in NJ. To MLeake's point, the latter phrase in boldface appears to be the only relevant provision indicating what it means to be "moving" under the law. Perhaps the judge determined that the exemption of paragraph "e" did not apply because Aitken was on an unnecessary "deviation"?

DD
DogoDon is offline  
 
Page generated in 0.05269 seconds with 8 queries