NJ arrests another one....this time from Fla.

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xXxplosive

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http://www.nj.com/hunterdon/index.s...man_arrested_after_cops_find_loaded_hand.html
Woman arrested after cops find loaded handgun in her purse

A Florida woman was arrested after cops found she was carrying a handgun loaded with hollow point bullets in her purse during a traffic stop, Frenchtown police said.

Cops stopped Donna Marie Gracey, 59, of Seminole, Florida, on Tuesday for having tinted windows and a view obstruction on Bridge Street in Frenchtown. While she was searching for her license, officers spotted a concealed weapons permit, according to a press release.

An investigation revealed Gracey had the handgun in her purse, authorities said.

Though Gracey had a permit to carry the gun in her home state, New Jersey's strict gun laws require weapons to be stored unloaded and locked in the trunk.

While legal to possess hollow point ammunition, there are heavy restrictions in N.J. regarding transporting and using the bullets.



it is also illegal to possess hollow nose or hollow point bullets unless you are engaged in one of the activities that are considered "exemptions." These include: hunting, fishing, and target shooting.

Gov. Chris Christie has pardoned a number of out-of-state residentswho were caught with weapons, but is against a GOP-led bill that would allow gun owners with state-issued concealed-carry permits to carry in states that allow concealed weapons.

Christie is against the change, noting it's a state's rights issue that the federal government should stay out of.

Gracey was charged with possession of a loaded handgun and possession of hollow point bullets and summonses for tinted windows and view obstruction. She was released pending court.

Sophie Nieto-Munoz may be reached at [email protected]. Follow her at @snietomunoz. Find NJ.com on Facebook.

Here we go again.....and who stops an out of state registered vehicle for tinted windows when it is legal in that state....
 
The laws in NJ are purposely written to be vague and misleading legal jargon only to be resolved behind closed doors by NJ lawyers and Judges....OMO.
 
The story did not say she was searched. It said there was an "investigation". She was probably asked where her gun was and told them.
 
So, the fact that they saw her CCW permit was probable cause to search for the pistol?

Makes for an interesting case.

Does merely seeing a conceal carry permit lead an officer to reasonably believe the person is carrying a firearm?

If so does that give the officer the authority to ask further questions (i.e investigate) about having a gun when there is no evidence of criminal activity or crime having been committed? (For example did her vehicle match the vehicle description of a armed robbery suspect?)

The number on my Conceal Carry Permit is the same one on my Drivers License. N.J. cop runs my D.L. which also shows I have a C.C.L. Does that give him probable cause to search me and my vehicle? After all what good is a C.C.L. without a gun?

What about having a NRA or other pro-gun sticker on your vehicle? Especially on a pick-up with Alabama license plates? (After all it can be argued that Rednecks from Alabama all have guns).

The Supreme Court upheld warrantless searches of motor vehicles if illegal items are in plain view of the officer from outside the vehicle. For example pot in the ashtray. However a C.C.L. is not illegal.

The story did not say she was searched. It said there was an "investigation".

Play on legal wording. Use of the word “search” makes it 4th Amendment issue.

Christie is against the change, noting it's a state's rights issue that the federal government should stay out of.

I agree completely with Christie on this being a State’s rights issue. Conceal carry laws have been passed without any help from the Federal Government. Once we give the Feds the authority to make it legal to carry in all States we are giving them the authority to change their mind at any time and pass restrictions. Remember the Democrats and Liberals will back in power one day.

However, I will support a law that requires States like N.J. to post a sign at their borders saying "Don't EVEN think about bringing a gun and ammunition into our State."
 
If the stop was lawful, the officer can ask questions. He didn't even have to see the permit. He can simply say "Are there any weapons in the car?" or "Do you have any weapons".
 
I get that this sucks but shouldn't you know the laws where you're going? Just a couple weeks back there was a woman from Tennessee who was arrested trying to check a gun with her baggage flying out of New York. Her defense was she thought her permit was good in all 50 states like her Driver's License. Yes I am aware that it should be but it's not and you should know that before you leave your state with a gun.
 
First thing I would do is call the NRA and ask for a list of lawyers that can practice before the Supreme Court because that's where this would go.
 
New Jersey and certain other states are so notoriously anti-gun that any gun owner should be on notice about the risks of going there. It's about on the order of trying to board a plane with a gun in your carry-on. This is simply not done if you have your wits about you.
 
You can appeal it to a federal court but where it goes from there that's up to the courts to decide. But it would go to federal court.

And under President Trump more and more conservative judges are being appointed to the lower appeals courts.
 
I agree that this woman should know the laws of the states where she travels. That said I believe this was a fishing expedition that yielded an otherwise honest citizen. How many other out of state vehicles are searched by NJ police? Could this be a case of profiling? It appears NJ police spend time looking to make felons out of otherwise honest citizens instead of tracking the bad guys.
 
While she was searching for her license, officers spotted a concealed weapons permit, according to a press release.
I had this happen once in OK. Of course everything was legal and it did not cause any problems since TX and OK have reciprocity, but after that, I always put my handgun license in my wallet so that it is not visible when I'm retrieving my license or credit cards.
 
So just got my CCW in NE but in my class I was told I'm required to present my carry license with my driver's license if I'm ever stopped even if I'm not carrying at the time. I take it take isn't the case everywhere?
 
No, some states require you to tell the cops that you are carrying straight away, other states you don't need to tell them unless they specifically ask.
In IL we do not have to reveal we are carrying unless asked, but my instructor said we should tell them before they find it themselves.
Now in traffic stops I turn on my overhead lighting and keep my hands on the steering wheel. I wait until the officer asks for my DL and I say its in the glove box. Then normally he will tell me to get it.
If my gun was in the same glove box I would certainly tell him that before opening the box.
 
....Does merely seeing a conceal carry permit lead an officer to reasonably believe the person is carrying a firearm?

If so does that give the officer the authority to ask further questions (i.e investigate) about having a gun when there is no evidence of criminal activity or crime having been committed? (For example did her vehicle match the vehicle description of a armed robbery suspect?)

The number on my Conceal Carry Permit is the same one on my Drivers License. N.J. cop runs my D.L. which also shows I have a C.C.L. Does that give him probable cause to search me and my vehicle? After all what good is a C.C.L. without a gun?

What about having a NRA or other pro-gun sticker on your vehicle? Especially on a pick-up with Alabama license plates? (After all it can be argued that Rednecks from Alabama all have guns).....

And answering those kinds of questions is one of the things courts do.

...It appears NJ police spend time looking to make felons out of otherwise honest citizens instead of tracking the bad guys.
But on the other hand, no one can expect police to not enforce the laws of the State.
 
I realize that this might be secondary to the major part of the discussion in this thread, but here is the NJ statute regarding window tint:

ftp://www.njleg.state.nj.us/20162017/A4000/3768_I1.HTM

Pennsylvania has the same restrictions. I've noticed while traveling in Florida that they apparently allow tinting to a much greater degree.
Were the police over zealous? Like Frank said, they were just enforcing the law.
 
So just got my CCW in NE but in my class I was told I'm required to present my carry license with my driver's license if I'm ever stopped even if I'm not carrying at the time. I take it take isn't the case everywhere?
I also have a Nebraska Concealed Handgun permit. Within Nebraska, a permit holder is required to notify law enforcement officers (includes game wardens) and emergency medical service providers (includes firefighters) if he has a handgun anywhere nearby. He is not required to notify them that he doesn't have one.

Some other states do not require notification. Iowa is an example. In those states, notification still is recommended. Better that you tell them that you are carrying legally than that they find the gun on their own and only learn about the permit later. Of course, if you aren't carrying, you have nothing to notify them about.
 
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