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Old November 28, 2019, 06:47 AM   #9
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 8,206
Originally Posted by OhioGuy View Post
....So let's say that Joe Citizen from State A with a valid CCW is driving through states where his permit is honored on his way to visit Aunt Gertrude in NJ. So he carries it with FMJ training ammo, unloads and stores it all separately in the trunk per the wording of the law, then proceeds to stay with his family. He doesn't reload it until he's back out of the state.

Was that legally allowed? What if he stops for lunch on the way. Is that a "reasonably necessary" deviation?

My main question is, if someone is traveling cross country to a state with restrictive gun laws, at what point does that destination state make it essentially impossible to carry at all?
I think you're gotten a couple of questions tangled up here, OhioGuy. The first is the FOPA question on interstate transport of firearms through restrictive states. Aguila Blanca has already given you a quick primer on that.

The second question involves transporting a firearm into a state, meaning that your destination (Aunt Gertrude's house) is in the restrictive state (NJ). FOPA does not apply. Interestingly, a look at the notes of decisions under 18 USC 926A (FOPA) taught me something. There's a case out there that says that FOPA is "so vague and amorphous that its enforcement would strain judicial competence, and therefore § 1983 did not provide damages remedy for alleged violation of statute." IOW, even if NJ violates FOPA, a litigant cannot successfully sue under 42 USC § 1983. I'll give y'all 3 guesses as to where that case originated.

In any event, let's turn to NJ law, with the caveat that I'm not licensed there.
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 second degree. (2)....

N.J. Stat. Ann. § 2C:39-5 (West)
In short, no pistol in NJ without a permit. You have to look at section 2C:58-4 to deal with those. This question isn't about all of the nitpicky details and requirements, so I'm not going to go down that road. I will note however, that § 2C:39-5 does say " the case of a nonresident ...." in several places. Obviously, the NJ legislature contemplated nonresidents being allowed to get carry permits. Whether that has played out in the attendant regulations and processes is an entirely different question.
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
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