Going on a range trip in Jersey?

[FJR86]

Can I take my SBR Ar with my CAN over to NJ for range time assuming I am approved by the ATF to cross over state lines?

I know that suppressors are not permitted to be owned by Jersey residents, but does that barr me from bringing it over for a day at the range?

[Kramer]

If it is not legal to own there, they won't approve the 5320.20 Form.

[ungawa]

No way in hell.

[Kramer]

No way in hell.

Yeah, just like in Monopoly... go directly to jail, do not collect $200!

[Prof. Chaos]

i've heard stories of PA police not even being able to carry their sidearms into jersey. theres no way theyd be ok with an NFA item.

now thats not to say what they dont know wont hurt em kind of thing doesnt apply here.

[FJR86]

i've heard stories of PA police not even being able to carry their sidearms into jersey. theres no way theyd be ok with an NFA item.

now thats not to say what they dont know wont hurt em kind of thing doesnt apply here.

Your first statement is true. My soon to be brother in law is a police officer in Jersey and confirmed that.

He isn't too well informed on things pertaining to NFA items though.

Its unfortunate because he knows someone where we can just blast away on some private land. Oh well.

[tl_3237]

NJSA 2C:39-3. Prohibited Weapons and Devices.

c.Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree.

NJSA 2C:39-5. Unlawful possession of weapons

f.Assault firearms. Any person who knowingly has in his possession an assault firearm is guilty of a crime of the second degree except if the assault firearm is licensed pursuant to N.J.S.2C:58-5; registered pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12); or rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13).

IIRC:

fourth degree is jail up to 18 months;
second degree is jail 5-10 years.

FOPA would provide absolutely no protection once you stop in NJ.

[BuzzLightyear]

I've had many conversations about this as I am a Range Officer in Jersey (reside in PA) and am required to go to Ft. Dix fairly often.

As accurately stated above; If the firearm (or accessory) is NOT 'Jersey-Legal' and you are stopped with it in your possession, you WILL be charged. No 'ifs', 'ands' or 'buts'.

NJ is one of the most ridiculously 'regulated' states I know of. From transport, possession and purchase laws, they just don't make sense and imho are a danger not only to NJ residents, but to anyone entering the state, armed or not. Here is some info...
(IANAL but have safely worked as a RO in Jersey for years following these)

First, as I understand, the law states that you are 'within legal right' to carry a firearm (that New Jersey deems 'legal to own' IN the state) as long as:

1.) The firearm and ammunition (including empty magazines) are Locked in separate Hard-Cases and stored separately in a part of the vehicle inaccessible to the main driver's cabin. I.e. a locked trunk or locking toolbox as often used in pickup trucks. Hatch backs and SUVs that do NOT have a separate, lockable compartment are in violation of New German.. er.. I mean New Jersey law. I lock my guns and ammo in separate hard cases and put them BOTH in my truck. Noone I've spoken to seem to be able to tell me if the law states that "in separate locked compartments" refers to the Hard cases OR the Trunk/Main Vic compartment. (Please correct me if you are able to cite a ref)

2.) You are ONLY permitted to transport a "NJ-Compliant Firearm" into NJ directly TO and FROM your destination, which is specifically referred to as a 'Range'. If you stop to get gas, coffee or are pulled over for a traffic infraction, then it is considered a "stop other than the original destination" and you are again, liable to be charged.. And they will.

3.) NO Hollow Point ammunition. There is an exception written into the law for Range Officers, however I know one RO that was arrested and put through the ringers for a HP round he was carrying coming home after his shift. I don't risk it. I ,personally, only carry standard ball ammo for my trips into the People's Republik.

4.) 15-round Maximum Magazine Capacity restriction for pistols
5.) 10-round Maximum Magazine Capacity restriction for rifles
6.) 3-round Maximum Magazine Capacity restriction for shotguns*. *Shotgun Magazines that are over 3-round capacity must be 'plugged' so they cannot hold more than 3 rounds.

7.) Rifles:
Bolt actions with 10 round (or under) capacities are ok as long as they are not "restricted calibers". I'm not sure what NJ considers "restricted calibers" as I only transport 5.56.
AKs: No idea
ARs:
- No Bayonet lug
- No threaded barrels, for ALL firearms. Even rifles.
- Min 16" barrel length (No SBRs, even for LEOs and legally taxed owners)
- "Flash Hiders" are illegal unless they are considered "Compensators" or "Muzzle Breaks" and are Permanently affixed to the barrel, (which negates the 'threaded barrel' restriction)
- No adjustable stocks, Stock Must be Fixed. (I know a few guys who have drilled and pinned their collapsible stocks to comply.)
- 10 Round Maximum Magazine Capacity STRICTLY enforced!!! (But what is great is that you can buy a 30-round PMAG in NJ, though they are ILLEGAL to possess...figure THAT one out! lol)
- Suppressors, Class 3 or (certain) NFA items are a sure-fire trip to Arrest-a-rita ville with yourself as the honorary guest of the state, or more likely, municipality. Though if you are caught and charged for a firearms violation in NJ, you'll get the chance to experience them both.

I've "risked it" for years against my better judgment due to my need to work in the state. Though I have to admit, recently I've been making less and less trips out there due to high-profile cases of regular law-abiding gun owners being crucified for obeying the law.

In my personal and professional opinion, traveling into NJ with firearms is a BIG risk, Plain and simple. Even if you are in FULL COMPLIANCE with all applicable New Jersey laws and have the misfortune of being stopped, you will still be subjected to a very unpleasant experience. That much I can guarantee.

Hope this helps... Good luck!

[XD45]

i've heard stories of PA police not even being able to carry their sidearms into jersey. theres no way theyd be ok with an NFA item.

now thats not to say what they dont know wont hurt em kind of thing doesnt apply here.

Your first statement is true. My soon to be brother in law is a police officer in Jersey and confirmed that.

He isn't too well informed on things pertaining to NFA items though.

Its unfortunate because he knows someone where we can just blast away on some private land. Oh well.

I'm on my iPhone so I can't really look it up now, but I would be very surprised if NJ was exempt from the LEOSA

ETA: http://www.policemag.com/Blog/Editor...Carry-Law.aspx

[sandcast69]

1. you CAN transport in a pickup or SUV, just lock both cases and you'll have no problem.
2. right
3. Please provide cites for the RO exemption and the hollow points are illegal. HP's are highly regulated but NOT illegal.
4. true
5. false- 15rd max capacity
6. partially true- 3rd max only applies to hunting.
7. false again 15rd max mag capacity and there are no restricted calibers
unless a particular range restricts them on their own.


As to the rest this might help.


TO: Director Terrence P. Farley, Division of Criminal Justice
All County Prosecutors
All Law Enforcement Chief Executives
FROM: Attorney General Peter Verniero

DATE: August 19, 1996

SUBJECT: Guidelines Regarding the "Substantially Identical" Provision in the State's Assault Firearms Laws


I. Introduction

In recent weeks there has been a question about the meaning of the term "substantially identical" in New Jersey's assault firearms law. The Legislature addressed this question in the provisions of the Code of Criminal Justice, and despite the clarity of the law, it is appropriate for the Attorney General to provide guidance to the prosecutors in order to ensure that the law is administered uniformly and effectively throughout the State. N.J.S.A. 52:17B-98. I am directing the prosecutors, as chief law enforcement officers of their respective counties, to share this guidance with local police departments, who in turn should provide copies of this memorandum to any member of the public who requests information on assault firearms.

II. Guidelines

New Jersey law lists firearms that are prohibited "assault firearms." N.J.S.A. 2C:39-1w.(1). In addition, the law provides that the term "assault firearm" includes, "Any firearm manufactured under any designation which is substantially identical to any of the firearms listed" in the law. N.J.S.A. 2C:39-1w.(2). Thus, a firearm is an assault firearm if it is included on the list of banned firearms or if it is manufactured under a different designation than a firearm on the list but is "substantially identical" to a specific listed firearm.

We believe "substantially identical" is clear by its plain meaning. The Criminal Code provides that the statutes in the Code must be read "according to the fair import of their terms." N.J.S.A. 2C:1-2c. The Criminal Code explains that where language may be susceptible to different readings it must be construed to "give fair warning of the nature of the conduct proscribed." N.J.S.A. 2C:1-2a.(4), c. Simply put, the phrase "substantially identical" must be given its plain meaning, one that gives fair warning.

The term "substantial" means pertaining to the substance, matter, material or essence of a thing. The term "identical" means exactly the same. Hence, a firearm is substantially identical to another only if it is identical in all material, essential respects. A firearm is not substantially identical to a listed assault firearm unless it is identical except for differences which do not alter the essential nature of the firearm.

The following are examples of manufacturer changes that do not alter the essential nature of the firearm: name or designation of the firearm; the color of the firearm; the material used to make the barrel or stock of the firearm; the material used to make a pistol grip; a modification of a pistol grip. This is not an exclusive list.

A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria:


A. semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 of the following:

a folding or telescoping stock;
a pistol grip that protrudes conspicuously beneath the action of the weapon;
a bayonet mount;
a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
a grenade launcher;

B. a semi-automatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following:

an ammunition magazine that attaches to the pistol outside of the pistol grip;
a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
manufactured weight of 50 ounces or more when the pistol is unloaded; and
a semi-automatic version of an automatic firearm; and,
C. a semi-automatic shotgun that has at least 2 of the following:


a folding or telescoping stock;
a pistol grip that protrudes conspicuously beneath the action of the weapon;
a fixed magazine capacity in excess of 5 rounds; and
an ability to accept a detachable magazine.
III. Inquiries from Private Citizens

Law enforcement officers should, whenever possible, attempt to be helpful and to respond to inquiries concerning particular firearms. Private citizens should also be encouraged to consult with their own attorneys and, where necessary, referred to the Firearms Unit of the Division of State Police.

IV. Purpose and Effect of these Guidelines

In enforcing this law, prosecutors and police should remember that an assault firearms offense requires proof that the defendant knows he or she possesses an assault firearm, e.g., that the defendant knows that the firearm is "substantially identical" to one of the named assault weapons.

These guidelines should be followed by all county prosecutors and all law enforcement officers in this State so that the State's assault firearms laws will be uniformly enforced throughout the State.

I've had many conversations about this as I am a Range Officer in Jersey (reside in PA) and am required to go to Ft. Dix fairly often.

As accurately stated above; If the firearm (or accessory) is NOT 'Jersey-Legal' and you are stopped with it in your possession, you WILL be charged. No 'ifs', 'ands' or 'buts'.

NJ is one of the most ridiculously 'regulated' states I know of. From transport, possession and purchase laws, they just don't make sense and imho are a danger not only to NJ residents, but to anyone entering the state, armed or not. Here is some info...
(IANAL but have safely worked as a RO in Jersey for years following these)

First, as I understand, the law states that you are 'within legal right' to carry a firearm (that New Jersey deems 'legal to own' IN the state) as long as:

1.) The firearm and ammunition (including empty magazines) are Locked in separate Hard-Cases and stored separately in a part of the vehicle inaccessible to the main driver's cabin. I.e. a locked trunk or locking toolbox as often used in pickup trucks. Hatch backs and SUVs that do NOT have a separate, lockable compartment are in violation of New German.. er.. I mean New Jersey law. I lock my guns and ammo in separate hard cases and put them BOTH in my truck. Noone I've spoken to seem to be able to tell me if the law states that "in separate locked compartments" refers to the Hard cases OR the Trunk/Main Vic compartment. (Please correct me if you are able to cite a ref)

2.) You are ONLY permitted to transport a "NJ-Compliant Firearm" into NJ directly TO and FROM your destination, which is specifically referred to as a 'Range'. If you stop to get gas, coffee or are pulled over for a traffic infraction, then it is considered a "stop other than the original destination" and you are again, liable to be charged.. And they will.

3.) NO Hollow Point ammunition. There is an exception written into the law for Range Officers, however I know one RO that was arrested and put through the ringers for a HP round he was carrying coming home after his shift. I don't risk it. I ,personally, only carry standard ball ammo for my trips into the People's Republik.

4.) 15-round Maximum Magazine Capacity restriction for pistols
5.) 10-round Maximum Magazine Capacity restriction for rifles
6.) 3-round Maximum Magazine Capacity restriction for shotguns*. *Shotgun Magazines that are over 3-round capacity must be 'plugged' so they cannot hold more than 3 rounds.

7.) Rifles:
Bolt actions with 10 round (or under) capacities are ok as long as they are not "restricted calibers". I'm not sure what NJ considers "restricted calibers" as I only transport 5.56.
AKs: No idea
ARs:
- No Bayonet lug
- No threaded barrels, for ALL firearms. Even rifles.
- Min 16" barrel length (No SBRs, even for LEOs and legally taxed owners)
- "Flash Hiders" are illegal unless they are considered "Compensators" or "Muzzle Breaks" and are Permanently affixed to the barrel, (which negates the 'threaded barrel' restriction)
- No adjustable stocks, Stock Must be Fixed. (I know a few guys who have drilled and pinned their collapsible stocks to comply.)
- 10 Round Maximum Magazine Capacity STRICTLY enforced!!! (But what is great is that you can buy a 30-round PMAG in NJ, though they are ILLEGAL to possess...figure THAT one out! lol)
- Suppressors, Class 3 or (certain) NFA items are a sure-fire trip to Arrest-a-rita ville with yourself as the honorary guest of the state, or more likely, municipality. Though if you are caught and charged for a firearms violation in NJ, you'll get the chance to experience them both.

I've "risked it" for years against my better judgment due to my need to work in the state. Though I have to admit, recently I've been making less and less trips out there due to high-profile cases of regular law-abiding gun owners being crucified for obeying the law.

In my personal and professional opinion, traveling into NJ with firearms is a BIG risk, Plain and simple. Even if you are in FULL COMPLIANCE with all applicable New Jersey laws and have the misfortune of being stopped, you will still be subjected to a very unpleasant experience. That much I can guarantee.

Hope this helps... Good luck!