2 questions about Carrying

klon99

Inactive
Hey Guys,

i recently got my Florida concealed weapons permit and have 2 questions if someone doesn't mind answering them.

1. I will be travel from FL to NJ on a road trip. I looked up the 2 states where the will not honor my permit, SC which is a shock and NJ (not s shock) My question is, if I put my gun and bullets in the trunk and its locked will that be ok? Or does the ammo have to be in a totally different location.

2. I am assuming concealment is that if I was pulled over, the officer can not see the hand gun in plain sight. So if I wanted to lay the gun on my seat as I drove and put a jacket over it, would that be sufficient. I just recently purchases a gun but do not have a holster for it yet. If laying on the seat and the jacket is not enough where woudl you recommend.

Thank you in advance,

A Newbie!!!
 
I seem to recall something about a new law in SC that would recognize FL. You might want to investigate that further to see if it passed.
 
By federal law, you can pass through those states on the way to your destination. Iirc, the gun must be unloaded, locked up and out of reach. If NJ is your final destination and they do not honor your permit then there is no way to legally posses the gun in that state.
 
peetzakilla said:
and they do not honor your permit then there is no way to legally posses the gun in that state.

Would you care to cite the law that states that, because that is absolutely not true. New Jersey is NOT part of New York.
 
Chris in Va thank you for the link. it will be very useful.

I have to agree with the other user. I use to live in NJ and had 2 guns I had to register with them. So i think as long as I had my permit and maybe bring a copy of the sales receipt I would be fine in NJ.

Anyway, thank you for the insights on this.
 
I've saw similar crossing state lines questions on this forum before. I know that virtually all long haul truckers have a gun very handy. I've talked to several over the years as a result of work I've done and know this to be true in most cases.
In talking with them many of them feel they would not want to need it and not have it.
I tend to agree with their logic so traveling I do carry mine out of sight (console) for that 1 in a million chance I might actually need it.
I would hate to get hurt or killed simply because I had my weapon locked in the trunk. My thinking is I may as well leave it at home if it's not immediately available. I will risk that slim chance of a vehicle search turning up my weapon and getting me in trouble. I can't imagine police involvement other than a speeding ticket anyway.
 
NavyLT said:
Would you care to cite the law that states that, because that is absolutely not true.

Certainly:

13:54-2.2 Permit required

"No person, except as provided in N.J.S.A. 2C:39-6, shall carry, hold or possess a handgun without first having obtained a permit to carry the same in accordance with the provisions of this chapter.


Since the OP does not have a permit, and has not indicated that they intend to acquire one, there is no way for them to legally posses a handgun in NJ.
 
Last edited:
klon99,
If the guns you were bringing were the ones you had permits for in NJ then I suppose you might possibly be okay. If they are different ones then you are definitely NOT okay.

Oh and make damned sure you don't have any hollowpoints!
 
Klon99,

Are you a resident of Florida? If so, I believe that SC does honor your permit. You've want to verify but all of the reciprocity maps I've tried indicate that SC honors FL resident permits. Also, I also believe that SC is Shall Issue to non-residents, so that would be an easy answer also, although it may take time.
 
peetzakilla said:
Certainly:

13:54-2.2 Permit required

"No person, except as provided in N.J.S.A. 2C:39-6, shall carry, hold or possess a handgun without first having obtained a permit to carry the same in accordance with the provisions of this chapter.


Since the OP does not have a permit, and has not indicated that they intend to acquire one, there is no way for them to legally posses a handgun in NJ.

klon99,

What is your purpose for bringing the firearm to New Jersey? There are only extremely limited exemptions to the statute peetzakilla posted above. Apparantly it IS illegal for a non-resident to possess a personally owned firearm cased and unloaded in NJ except:

f. Nothing in subsections b., c. and d. of
N.J.S.2C:39-5 shall be construed to prevent:
(1) A member of any rifle or pistol club
organized in accordance with the rules
prescribed by the National Board for the
Promotion of Rifle Practice, in going to or from a
place of target practice, carrying such firearms
as are necessary for said target practice,
provided that the club has filed a copy of its
charter with the superintendent and annually
submits a list of its members to the
superintendent and provided further that the
firearms are carried in the manner specified in
subsection g. of this section;
(2) A person carrying a firearm or knife in the
woods or fields or upon the waters of this State
for the purpose of hunting, target practice or
fishing, provided that the firearm or knife is legal
and appropriate for hunting or fishing purposes
in this State and he has in his possession a valid
hunting license, or, with respect to fresh water
fishing, a valid fishing license;
(3) A person transporting any firearm or knife
while traveling:
(a) Directly to or from any place for the
purpose of hunting or fishing, provided the
person has in his possession a valid hunting or
fishing license; or
(b) Directly to or from any target range, or
other authorized place for the purpose of
practice, match, target, trap or skeet shooting
exhibitions, provided in all cases that during the
course of the travel all firearms are carried in the
manner specified in subsection g. of this section
and the person has complied with all the
provisions and requirements of Title 23 of the
Revised Statutes and any amendments thereto
and all rules and regulations promulgated
thereunder; or
(c) In the case of a firearm, directly to or from
any exhibition or display of firearms which is
sponsored by any law enforcement agency, any
rifle or pistol club, or any firearms collectors
club, for the purpose of displaying the firearms
to the public or to the members of the
organization or club, provided, however, that not
less than 30 days prior to the exhibition or
display, notice of the exhibition or display shall
be given to the Superintendent of the State
Police by the sponsoring organization or club,
and the sponsor has complied with such
reasonable safety regulations as the
superintendent may promulgate. Any firearms
transported pursuant to this section shall be
transported in the manner specified in
subsection g. of this section;
(4) A person from keeping or carrying about a
private or commercial aircraft or any boat, or
from transporting to or from such vessel for the
purpose of installation or repair a visual distress
signaling device approved by the United States
Coast Guard.
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.
 
I was wrong, peetzakilla. I was reading the New Jersey State Police website which seemed to indicate that firearms unloaded and cased by non residents were exempted. But still, New Jersey is NOT New York, at least New Jersey officially recognizes FOPA (18 USC 922a), whereas New York tends not to. But, yes, an out of state visitor to NJ is just SOL.
 
When this came up before someone put up some info/links that suggested federal law takes precedence on our nation's interstate systems so as long as you are just passing thru and NOT getting off the Interstate you should be fine, but you need to research all that yourself.
 
john in jax said:
When this came up before someone put up some info/links that suggested federal law takes precedence on our nation's interstate systems so as long as you are just passing thru and NOT getting off the Interstate you should be fine, but you need to research all that yourself.

The law that you are talking about is the Firearms Owner's Protection Act (FOPA) and is 18 USC 926a. The law applies ANYWHERE in a state, so long as the person is transporting firearms through that state and that state is not their origin nor their destination. It has nothing to do with the interstate highway system.

http://www4.law.cornell.edu/uscode/18/usc_sec_18_00000926---A000-.html

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.
 
The law that you are talking about is the Firearms Owner's Protection Act (FOPA) and is 18 USC 926a. The law applies ANYWHERE in a state, so long as the person is transporting firearms through that state and that state is not their origin nor their destination.
Except for those places that have decided that they don't care and make up their own laws on the matter.

Washington, DC
Bergen county, NJ
New York City, NY
Broome County, NY
and a host of others.
 
Wow. Remind me never to set foot in New Jersey. Or New York for that matter.

NJ, yes.

NY is not nearly as bad as legend would have it. Out-of-staters, not so good. Residents in upstate, generally as good as most states, better than some, worse than only a few.


Zespectre is a bad, bad man, spreading nasty rumors.;):D
 
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