PA to NJ gun carry

9megameter · March 9, 2010, 12:34 PM

Currently I live in PA and work in NJ, meaning I cross state lines every morning to go to work. Every now and then I do get the urge to go the range, usually after working hours. To make a long story short the most convenient thing to do in this case would be to bring my pistol with me, and keep it in the car.

Putting aside for the moment the question of bringing a gun to work and leaving it in the car (which has been addressed elsewhere), can anyone tell me about the legality of taking a gun registered in PA across state lines into NJ? The gun in question is locked and unloaded, if that makes any difference at all.

stargazer65 · March 9, 2010, 01:19 PM

IANAL/TINLA:
I don't think the Federal statute may be applied in this situation since you are not passing through NJ, you are working there. It's probably not allowed in your case, but..I'm not heavy on the legal issues right now, I'm sure some heavies will weigh in shortly.

Here is the statute:

Quote:

926A. Interstate transportation of firearms
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.

**Mike Irwin** · March 9, 2010, 01:31 PM

As stargazer notes, you're not passing through. You have a definite endpoint in Jersey, and that's a big problem.

The other big problem is that for a long time, Jersey simply ignored the Federal law and did what the hell it felt like in persecuting gun owners who WERE simply passing through.

Dewhitewolf · March 12, 2010, 10:14 AM

Legally, you don't have a leg to stand on. For what you are doing, it would be just as illegal for a resident to do the same thing.

Under NJ law, all firearm possession is banned, with exemptions. Among the exemptions are traveling to or from a legitimate shooting activity (range, competition, hunting, etc.).

If you get caught, you will be charged with two offenses: unlawful possession of a weapon, and possession of a weapon for an unlawful purpose. The only way for you to be exempt under the circumstances you are describing is to have a NJ Permit to Carry a Handgun, which is next to impossible to get.

Understand that, unlike PA, NJ has no state constitutional right to bear arms, and ownership of firearms is only minimally acknowledged, through exemptions within a total ban.

Penalties are even more severe if you have a magazine in excess of 15 rounds or if you have hollow point ammo.

My advice--don't do it.

maestro pistolero · March 12, 2010, 01:04 PM

If you want to be a test case, I suggest waiting until after June for McDonald vs Chicago.

jg0001 · March 12, 2010, 02:36 PM

I live in NJ and have a NJ FPID.

I cannot so much as drive to McDonald's after a day at the range and eat inside (leaving my gun unloaded in the trunk, that is).

Also, in NJ, it's illegal to purchase ammo in NJ without an FPID (except for useage right then and there at a range), though I'm not sure about possession of ammo in NJ.

March 9, 2010, 12:34 PM	#1
9megameter Member Join Date: March 9, 2010 Posts: 18	PA to NJ gun carry Currently I live in PA and work in NJ, meaning I cross state lines every morning to go to work. Every now and then I do get the urge to go the range, usually after working hours. To make a long story short the most convenient thing to do in this case would be to bring my pistol with me, and keep it in the car. Putting aside for the moment the question of bringing a gun to work and leaving it in the car (which has been addressed elsewhere), can anyone tell me about the legality of taking a gun registered in PA across state lines into NJ? The gun in question is locked and unloaded, if that makes any difference at all. Last edited by 9megameter; March 9, 2010 at 12:52 PM. Reason: clearer title

March 9, 2010, 01:31 PM	#3
Mike Irwin Staff Join Date: April 13, 2000 Location: Northern Virginia Posts: 41,380	As stargazer notes, you're not passing through. You have a definite endpoint in Jersey, and that's a big problem. The other big problem is that for a long time, Jersey simply ignored the Federal law and did what the hell it felt like in persecuting gun owners who WERE simply passing through. __________________ "The gift which I am sending you is called a dog, and is in fact the most precious and valuable possession of mankind" -Theodorus Gaza Baby Jesus cries when the fat redneck doesn't have military-grade firepower.

March 12, 2010, 10:14 AM	#4
Dewhitewolf Senior Member Join Date: March 4, 2007 Location: NJ, USA Posts: 229	Legally, you don't have a leg to stand on. For what you are doing, it would be just as illegal for a resident to do the same thing. Under NJ law, all firearm possession is banned, with exemptions. Among the exemptions are traveling to or from a legitimate shooting activity (range, competition, hunting, etc.). If you get caught, you will be charged with two offenses: unlawful possession of a weapon, and possession of a weapon for an unlawful purpose. The only way for you to be exempt under the circumstances you are describing is to have a NJ Permit to Carry a Handgun, which is next to impossible to get. Understand that, unlike PA, NJ has no state constitutional right to bear arms, and ownership of firearms is only minimally acknowledged, through exemptions within a total ban. Penalties are even more severe if you have a magazine in excess of 15 rounds or if you have hollow point ammo. My advice--don't do it. __________________ I'm not afraid of the guy who wants many guns; I'm afraid of the guy who wants just one.

March 12, 2010, 01:04 PM	#5
maestro pistolero Senior Member Join Date: August 16, 2007 Posts: 2,153	If you want to be a test case, I suggest waiting until after June for McDonald vs Chicago.

March 12, 2010, 02:36 PM	#6
jg0001 Senior Member Join Date: October 24, 2007 Posts: 551	I live in NJ and have a NJ FPID. I cannot so much as drive to McDonald's after a day at the range and eat inside (leaving my gun unloaded in the trunk, that is). Also, in NJ, it's illegal to purchase ammo in NJ without an FPID (except for useage right then and there at a range), though I'm not sure about possession of ammo in NJ.