New Jersey's view of interstate transportation..
State of New Jersey
Department of Law and Public Safety
DIVISION OF CRIMINAL JUSTICE
25 Market Street
Trenton, New Jersey
TO: ALL LAW ENFORCEMENT AGENCY HEADS
FROM: Robert T Winter
Director of the Division of Criminal Justice
DATE: January 4, 1991
SUBJECT: Interstate Transport of Firearms
The following guidelines are provided in order to assist law enforcement officers in applying New
Jersey's firearms laws to persons who are transporting firearms through the State of New Jersey
I. New Jersey laws governing firearms permits, purchaser identification cards, registration an licenses do
not apply to a person who is transporting a firearm through this State it that person is transporting the
firearm in a manner permitted by federal law 18 U.S.C.A. 926A.
II. This federal law permitting interstate transportation of a firearm applies only if all of the following
requirements are met:
A. The person's possession of the firearm was lawful in the state in which the journey began;
B. The person's possession of the firearm will be lawful in the state in which the journey will end;
C. The person is transporting the firearm for a lawful purpose;
D. The firearm is unloaded;
E. The firearm is not directly accessible from the passenger compartment of the vehicle;
F. The ammunition is not directly accessible from the passenger compartment of the vehicle;
G. If the vehicle does not have a compartment separate from the passenger compartment, the firearm
must be in a locked container other than the vehicle's glove compartment or console;
H. The person is not
1. a convicted felon
2. a fugitive from justice
3. an addict or unlawful user of drugs, or
4. an illegal alien
I. The person has not
1. been adjudicated to be a mental defective
2. been committed to a mental institution
3. been dishonorably discharged from the armed forces, or
4. renounced his United States citizenship
III. A person who is transporting a firearm through the State of New Jersey in the manner permitted by 18
U.S.C.A. 926A, see Section II above, need not give notice.
IV. Procedure for Investigation of Conduct Involving the Possession or Transportation of Firearms.
1. An officer who reasonably suspects that a person transporting a firearm in violation of New Jersey law
should make reasonable inquiries in order to confirm or dispel that suspicion
2. In a case where circumstances reasonably indicate that the person's possession and transportation of
the firearm may be permitted by U.S.C.A. 926A, the officer should make reasonable inquiries in order to
determine whether the person's possession is permitted by the federal law.
3. If reasonable inquires lead the officer to conclude that the person's possession is lawful under either
New Jersey law or U.S.C.A. 926A, as described above in Section II., the officer should promptly allow the
person to proceed.
4. Whenever an officer has probable cause to believe that a person's possession of a firearm is in violation
of New Jersey law and not permitted by U.S.C.A. 926A,as described above in Section II, then the officer
should make an arrest.