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Thread: north philly

  1. #11
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    Default Re: north philly

    I agree that the legally dubious part is transporting a firearm from Jersey with the intent of strapping it on in PA. Here is a simple fix:

    Buy a safe, have it bolted to the floor at your business and store your weapon(s) there. Or just move, especially considering NJ does not believe you have the right to self defense...
    Join the groups protecting your rights from the fools trying to take them from you!

  2. #12
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    Default Re: north philly

    I have no idea what the laws are like in NJ, but I am just curious, couldn't the OP legally carry in his own home in NJ (like you can in PA?). If so, then he would be transporting from a place he can legally carry to another place where he can legally carry (after he gets a license or permit) and therefore as long as he transported it properly whilst in NJ he would be covered by federal law??

  3. #13
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    Default Re: north philly

    Quote Originally Posted by uniballin View Post
    You may be able to transport your firearm out of NJ under state and federal law since your destination is a place of business. Someone more knowledgeable than me will clarify eventually; but I think you may be able to do it.

    Remember: Firearms 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.

    Ammunition must be transported in a separate container and locked in the trunk of the automobile in which it is being transported.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.
    Additionally, NJ has some ammunition restrictions - Namely almost all current self-defense ammunition is banned as "evil cop killer hollow points". Perhaps CorBon PowerBall and Horaday FTX will bypass this, perhaps not. You need to research this further.

    Also, does NJ have magazine restrictions?

    A soloution might be that you leave your self defense ammuntion at the work, even if you carry the physical pistol home.

  4. #14
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    Default Re: north philly

    As to your question regarding exceptions to NJ law consider:

    NJS 2C:39-6e.Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.
    subsection b is the prohibition to possession of handguns. f you qualify for this exemption you are covered whille transporting in NJ in accordance with subsection g:
    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.


    Now a word of caution. Its unclear as to exactly how you are legally connected to the family business. You'll note that the exemption specifies 'his business'. This implies to me that you must have some proprietorship interest (ownership and operational control).

    As others have already opined, you will need licensure from a state which is reciprocated in Pa when you are in Pa.
    IANAL

  5. #15
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    Default Re: north philly

    Quote Originally Posted by EasyRider View Post
    I have no idea what the laws are like in NJ, but I am just curious, couldn't the OP legally carry in his own home in NJ (like you can in PA?).
    Yes
    If so, then he would be transporting from a place he can legally carry to another place where he can legally carry (after he gets a license or permit) and therefore as long as he transported it properly whilst in NJ he would be covered by federal law??
    see link below
    http://forum.pafoa.org/concealed-open-carry-121/108103-2a-pa-yesterday.html
    IANAL

  6. #16
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    Default Re: north philly

    http://www.state.nj.us/lps/njsp/about/fire_trans.html NJ state Police page.

    Great part of city ! I am alway's around there too!

  7. #17
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    Default Re: north philly

    [QUOTE=yelruh55;1303992]Additionally, NJ has some ammunition restrictions - Namely almost all current self-defense ammunition is banned as "evil cop killer hollow points". Perhaps CorBon PowerBall and Horaday FTX will bypass this, perhaps not. You need to research this further.]

    Also, does NJ have magazine restrictions?

    A soloution might be that you leave your self defense ammuntion at the work, even if you carry the physical pistol home.[/Q]

    this is not completely true. hollow points being illegal in NJ is a myth. You can legally use them for all lawful purposes. hunt, target shoot, etc.

    what gets people in troulbe in NJ i.e. is a hollow point bullet as a pendent, etc. the hollow point by itself is illegal you can only posses hollow points oror other ammo in NJ if you are going to and from a range, hunting, etc or from a gun store.

    hollow points are also not allowed for CCW in NJ unless you are active law enforcement in NJ or have one of the rare CCW permits in NJ. LEOSA covered officers must use regular non hollow point bullets.

  8. #18
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    Default Re: north philly

    [QUOTE=gbrown221;1311685]
    Quote Originally Posted by yelruh55 View Post
    Additionally, NJ has some ammunition restrictions - Namely almost all current self-defense ammunition is banned as "evil cop killer hollow points". Perhaps CorBon PowerBall and Horaday FTX will bypass this, perhaps not. You need to research this further.]

    Also, does NJ have magazine restrictions?

    A soloution might be that you leave your self defense ammuntion at the work, even if you carry the physical pistol home.[/Q]

    this is not completely true. hollow points being illegal in NJ is a myth. You can legally use them for all lawful purposes. hunt, target shoot, etc.

    what gets people in troulbe in NJ i.e. is a hollow point bullet as a pendent, etc. the hollow point by itself is illegal you can only posses hollow points oror other ammo in NJ if you are going to and from a range, hunting, etc or from a gun store.

    hollow points are also not allowed for CCW in NJ unless you are active law enforcement in NJ or have one of the rare CCW permits in NJ. LEOSA covered officers must use regular non hollow point bullets.
    Even those that are lucky enough to get a NJ Permit To Carry A Pistol can't have HP's in the magazine. My advice to you is to consult a NJ Attorney that specializes in this arena. Evan Nappen, etc. Then go forward with the application process. Then if you get denied, speak with Alan Gura, and the Second Amendment foundation, as I believe they are preparing a lawsuit against NJ, and would need suitable individuals to attach to the lawsuit. I'm not saying the average joe is not suitable, but I'm guessing in order to "add teeth" to the lawsuit, yours would be a good example because it is tied into your work, and NJ not issuing a permit to you is obviously infringement.
    NRA Certified Firearms Instructor-2009,classes available.

  9. #19
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    Default Re: north philly

    As a refuge from NJ, my advice: move.

  10. #20
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    Default Re: north philly

    2C:39-6e provides the exemption for transporting an unloaded firearm from a person's home to his business. 2C:39-3f specifically exempts persons engaged in activities pursuant to 2C:39-6 (which would include transporting from hoem to business), so that means the OP could indeed transport HP ammo between his home and place of business.

    Now - a couple of caveats. NJ courts have ruled that the "place of business" exemption only applies to the owner/owners of that business, and NOT just an employee.

    Secondly, transportation of the firearm is governed by 2C:39-6g, which means firearm unloaded, securely cased or locked in trunk. But, it also prohibits any deviations/stops along the way that are not "reasonably necessary under the circumstances". So, no stopping on the way home to get the missus a quart of milk. YOU may think that reasonably necessary, but I doubt a prosecutor would.

    Given the extra hassle, my vote would be for the safe installed at the place of business.

    Also, does NJ have magazine restrictions?
    No magazines over 15 rounds capacity. Typically not a problem in any handgun of adequate caliber (where "adequate" means >40)

    have one of the rare CCW permits in NJ
    Nope - even those who have an NJ permit to carry are prohibited from carrying HP ammo.

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