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Moving my Handguns to New Jersey

Discussion in 'Legal' started by Leonard Pone, Apr 22, 2008.

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  1. Leonard Pone

    Leonard Pone Member

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    For job related reasons, I may soon have to move to NJ. I have read about NJ's extensive gun laws and I will certainly abide by them once I am there.

    What I do not understand, however, is what I need to do before I move to legally bring my two handguns into the state. Is there a form to fill out, a license to apply for or what?

    I would greatly appreciate any advice y'all might have.

    -LP
     
  2. Winchester 73

    Winchester 73 member

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    Please don't go!(former New Jersey prisoner)
     
  3. FLA2760

    FLA2760 Member

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  4. mekender

    mekender Member

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    do you have the possibility of living in PA while working in jersey? that would make things soooooo much easier on you
     
  5. Millwright

    Millwright Member

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    If you insist on moving to the 'Garbage State', you and your handguns are going to part company - either legally or via the process of incarceration if found "in possession of 'unregistered handguns' without a valid NJ FOID and possession/transfer documents for each and every one.......Add to that the possibility yours might be declared verboten if some outfit comes up with the scratch to offer a 'smart gun' on the market.
    Welcome to Hoplophobe Central.....>MW
     
  6. Leonard Pone

    Leonard Pone Member

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    I am afraid that I have no choice in the matter.

    Texas to NJ, its a big change in a lot of ways.

    That said, isn't there someway that I can get a permit? If ever I needed my guns, its going to be in NJ.

    I don't want to carry concealed, I just want to keep them in my safe as I currently do.
     
  7. Hanzerik

    Hanzerik Member

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    Are you by chance Military?
     
  8. HGUNHNTR

    HGUNHNTR Member

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    Honestly your best bet is to leave your handguns in TX w/ a friend or family member, apply for and wait, wait, wait for the FID card, and then purchase a handgun in NJ that is registered to you. Otherwise be prepared for a lot of hardship, and possible incarceration. (I kid you not)
     
  9. Tom488

    Tom488 Member

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    Okay - let's set all the doom and gloom aside for a moment.

    By law, you don't have to do anything to bring your firearms to NJ with you. You must transport them unloaded, locked in the trunk or in a locked case, with any ammunition stored separately from the firearm(s). Once you enter NJ, you must travel directly to your place of residence.

    As long as the firearms are NJ-legal (no magazines over 15 rounds capacity, no "assault firearms"), you can possess them in your home without any licenses, permits, or other paperwork. Registration of firearms in NJ is voluntary, and, IMO, not recommended.

    As for "assualt firearms", that refers to semi-automatic rifles and shotguns with certain characteristics and features. Since you're only talking about handguns, we won't go in to those details.

    The particular statutes you're interested in (and which I encourage you to read) are 2C:39-5, which says that possession of a handgun without a permit to carry is illegal, and 2C:39-6e, which says that the previous statute doesn't apply to someone possessing firearms in their home, or transporting them from one place of residence to another while moving. 2C:39-6g describes the storage requirements for transportation, as described above.

    All of these statutes can be referenced at the New Jersey Legislature web site. Find the 'Statutes' link on the left.
     
  10. shookwell

    shookwell Member

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    Also, no hollowpoints.
     
  11. Dbl0Kevin

    Dbl0Kevin Member

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    As a former NJ resident and LEO I can tell you that you do NOT have to get any permit or have an FID card to possess handguns or rifles in your home. As Tom has stated guns do NOT need to be registered to be legal in NJ, contrary to popular belief. The catch to that is it is nearly impossible to acquire a handgun once in NJ without having a permit and as such registering it.

    I would recommend you start the paperwork and get your FID once you get there as it can take quite a long time and as I now hear since I left you cannot purchase ammo in NJ without one or a copy of a purchase permit.

    As for hollowpoints, NO they are not illegal. You can buy them at the store, use them at the range, and keep them in your home. If you get caught carrying them in public is when you can get in trouble. Any other questions let me know and I will fill you in.
     
  12. Dbl0Kevin

    Dbl0Kevin Member

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    I know how dare I correct misinformation that has been given to someone. If you don't know what you're talking about you shouldn't be giving advice. To me that makes SENSE.
     
  13. everallm

    everallm Member

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    Don't need a FID to buy ammo in NJ although some stores try and say you do.

    If your local seller gets pissy and demands a FID, buy ammo online, generally cheaper anyway.

    Carry permits are effectively non existent, as a non connected, non high contributing pol etc you are more likely to sit down for a formal dinner with the Abominable Snowman....
     
  14. Dbl0Kevin

    Dbl0Kevin Member

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  15. Winchester 73

    Winchester 73 member

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    That's fine,Kevin.And I have no complex.It just that I know belittling,demeaning,and arrogant language when I see it.Sadly,I'm much too arrogant myself and have tried to rein my ego in on the THR.
    You gave Leonard excellent advice and info on New Jersey's Laws as did Tom.
    I was born and raised in Hackensack and know the state very well,but not its firearms laws.So that's left to people like you and Tom.
    The others posters may be not be conveying correct information and probably should not be posting unless they are 100% sure of their information.
    But they mean no real harm and in my mind at least should not be told they lack "sense".
    Hopefully now we can get back to guns and leave this dispute (and New Jersey)in the rearview mirror.
    My regards to lovely Ft.Gordon and Augusta.
     
  16. Dbl0Kevin

    Dbl0Kevin Member

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    Well Winchester I apologize if you felt slighted by my comments. As I said I was not referring to you. One thing that truely drives me up a wall in this world is when someone professes to know rules and laws when they really do not. While they may mean no harm, giving incorrect advice on legal matters can definately lead to harm, granted this is only the internet and you get what you pay for.

    I'm with you in that I'm glad I have NJ in my rear view mirror as I find Georgia a great breath of fresh air in the gun law department.
     
  17. Winchester 73

    Winchester 73 member

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    Thank you,Kevin.I went a bit over the top myself. And working with dozens of LEO's every day, I know first hand the fine work and dedication you men put into your jobs every day, while trying to protect the rest of us.
    Georgia is a great state and Savannah's my favorite city.Augusta's not far behind.
    We are both extremely fortunate to have, "Escaped From New Jersey".
    Stay safe.
     
  18. Leonard Pone

    Leonard Pone Member

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    Thanks for all the advice.

    From my reading of the various laws, it looks like I should be fine keeping my guns at home as long as I leave my high capacity mags in Texas.

    What I am a little unclear on is what HGUNHNTR was referring to when he said:
    If I obey the laws as they are on the books, where, specifically, is the threat of hardship and incarceration? Am I missing something?

    Additionally, if anyone knows, do I need some sort of special permit to carry the guns in the trunk of my car to a range?
     
  19. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    I am an informed layman, a former NJ resident, and I am not a lawyer.

    Tom488's post # 10 is correct.


    NJ firearms laws are draconian, but navigable.

    The basic kink is that unlike most of America, NJ has structured its laws such that possession of a firearm is presumed unlawful unless an exemption can be shown to apply to your specific case, and the burden of proof is placed squarely on you the possessor.

    It is widely believed by most people, including many NJ law enforcers that a FID is an essential part of establishing that exemption, and in many cases it is. Having a FID is strongly recommended for that purpose, because it's easier to show a FID even when it's technically not needed and thus sidestep a problem that would otherwise have to be sorted out in court after inconvenience and expense.

    Generally, exemptions exist for possession in your home, at ranges, gunshops, gunsmiths, hunting areas (with hunting license) and for transportation unloaded, cased, locked, trunked and separated from ammo directly to and from such places.

    There are nuances about when "directly" applies, and when a FID must be shown, and a close reading of the statutes is called for there.

    As Tom488 points out, there's no problem for a non prohibited person from importing their lawfully acquired non "assault weapon" firearms when moving into the state. There is no requirement that you disclose or register these arms, and I do not recommend it.

    Having moved into the state, you will find problems lawfully acquiring any new or replacement firearms and ammo without NJ permits, so make sure you've got everything you need and some spares.
     
  20. Tom488

    Tom488 Member

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    No, you don't. Again, statute 2C:39-6f(3)(b) says that you can transport your firearms to/from a range (again, as long as the travel is DIRECT... no stopping for coffee and a doughnut), and that they are unloaded, locked in a trunk (or, in vehicles that don't have a trunk, stored in a locked case), with ammunition stored separately.

    While not required by law, I would strongly advise carrying some documentation that proves ownership of any firearms.

    Also, as to the purchase of ammunition in NJ... prior to April 1st of this year, the only restrictions were federal: no ammo to anyone under 18, and no ammo for a handgun to anyone under 21. The new April 1st law now states that to purchase "handgun ammunition", you must possess either an FID card, a permit to purchase a handgun, or a permit to carry a handgun. What's interesting, however, is that the same law defines "handgun ammunition" as "ammunition specifically designed to be used only in a handgun". To many of us, that appears to exempt just about every type of ammunition, as there are many rifles and carbines that fire the same ammunition. However, I'm sure that most retailers won't want to risk losing their state-issued license, and will require the documentation discussed above.
     
  21. romma

    romma Member

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    Your Handguns may never forgive you!

    But you gotta do, what you gotta do I suppose...
     
  22. everallm

    everallm Member

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    The bizarre part is the requirement to show a FID etc only applies or is enforceable to ammunition bought at a "bricks and mortar" establishment in NJ and doesn't apply if you buy on line or via email.
     
  23. Tom609

    Tom609 Member

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    ...and when your guns are all locked and secured, you're going to find that it's a really nice place if you're in the southern part of the state or away from the big cities.
     
  24. HGUNHNTR

    HGUNHNTR Member

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    Mr. Leonard Pone, I was arrested and incarcerated while living in NJ. I was following the letter of the law to a "T". The issue is the police DO NOT KNOW THE LAW!!, and will arrest you as a result. It is up to you to prove your innocence.
    I know this from first hand experience, I lived in NJ for 5 years, working at a gun shop on Robbinsville for all 5. It is an absolute travesty what has been done to gun owners in that state.

    And for the person that said the FID card is not neccesary to buy ammo in NJ, guess what is it, as informed by the NJ state patrol. We were visited several times, any ammo containing a hollowpoint bullet is to be recorded with the purchaser;s id#.

    Thank You
     
  25. raz-0

    raz-0 Member

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    Also from NJ.

    What people have said about not needing an FID to transport firearms is correct.

    However, I do recommend that you do try and collect any receipts for purchase you have and have them available. Because you DO need an FID to purchase long guns in NJ and purchase permits per handgun to purchase handguns. The transfer of said items without these is breaking the law. Proof that you purchased them while a resident of another state is a good thing to have available should they accuse you of doin otherwise.


    I also recommend you be very cautious about obeying traffic laws while doing the initial transport to your new residence. There are a lot of towns that the cops are really just tyring to generate revenue, and as previously said MANY of the cops don't know jack about firearms laws. The problem with that is NJ takes the general stance that you own firearms at your peril and you are guilty until you prove yourself innocent. Which sucks.


    Once you do get them home, it is in your interests to apply for a FID card to make intra-state transportation less of a gray area.

    That being said, if you like shooting, NJ actually has a fairly active shooting community. There are enough matches going on in a month of various types to bankrupt you on ammo costs alone. Bullseye, steel, hi-power, IDPA, USPSA, Bianchi, cowboy, trap, skeet, blackpowder, smallbore, etc.

    We have a lot of crappy laws, but some really nice shooting.
     
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