Non-Resident CCW (FL) at King of Prussia Mall okay?

[CageFighter]

The issue remains the same. The only exemption that NJ provides for between residences is WHEN MOVING:

FWIW you could possibly purchase a firearm as a Pa resident while staying at your vacation home but you cannot bring that firearm into NJ. If you keep it at your Pa vacation home then, with the FL CCW you're covered to carry it in PA.

Trying to get a PA resident ID is rediculous. they want to see a lease agreement, utility bills, etc.
=my problem is that it's a vacation home. we are there on weekends year round. the title is in my parents name, the utility bills are in my parents names, etc. what else can I do? im sure im not the only one with this problem.

[tl_3237]

Trying to get a PA resident ID is rediculous. they want to see a lease agreement, utility bills, etc.
=my problem is that it's a vacation home. we are there on weekends year round. the title is in my parents name, the utility bills are in my parents names, etc. what else can I do? im sure im not the only one with this problem.

If your intent is to have a firearm at your parent's vacation home while you are there it would seem that your options are fairly limited:

1. you could get an NJFID and transport an NJ legal longarm between your NJ residence and Pa vacation home - this transport is allowed under NJ and Pa law;
2. you could transport your firearm between your NJ residence and Pa vacation home mindful that the NJ legality of this is not a foregone conclusion per the previous discussions.

If you intent is to carry a handgun while in Pa then #2 is your only option but with the attendant uncertainty of legal risk while in NJ.

Sorry, I can't be more supportive until the FOPA issue is resolved.

BTW it wouldn't hurt for all the Jerseyites caught in this conundrum to petition their legislature to add an exemption to 2C:39-6 to the effect that 2C:39-5 does not apply to those transporting from their residence to any other place where possession would otherwise be legal and back.

[CageFighter]

If your intent is to have a firearm at your parent's vacation home while you are there it would seem that your options are fairly limited:

1. you could get an NJFID and transport an NJ legal longarm between your NJ residence and Pa vacation home - this transport is allowed under NJ and Pa law;
2. you could transport your firearm between your NJ residence and Pa vacation home mindful that the NJ legality of this is not a foregone conclusion per the previous discussions.

If you intent is to carry a handgun while in Pa then #2 is your only option but with the attendant uncertainty of legal risk while in NJ.

Sorry, I can't be more supportive until the FOPA issue is resolved.

BTW it wouldn't hurt for all the Jerseyites caught in this conundrum to petition their legislature to add an exemption to 2C:39-6 to the effect that 2C:39-5 does not apply to those transporting from their residence to any other place where possession would otherwise be legal and back.

already have my NJFID, my only long gun is a SCAR17, and dont think I should be using it as a home defense gun up there.

maybe I"ll have to hit the shooting range b4 I go to the house to keep it legal. its about 15-20 min away. Sucks for me.

[PA Traveler]

Still reading. The thing I can't escape is that even if those in favor ("Yes its legal given exception, or FOPA...") are correct we're still dealing with an affirmative defense.

So even if you're dead right, it's going to cost untold anguish, tens of thousands of dollars in legal fees, and a couple of years to prevail.

Unless you don't prevail in which case add seven years minimum and prohibiton for life.

So... if you're right, you lose.... and if you're wrong, you really lose.

How bad do you want to "go to a PA range" or shopping with your firearm? Solution: Don't live in NJ.

BTW- the argument was raised "how did I know the range was closed at 2AM?" A) Hours are published. Bye-bye affirmative defense. B) ignorance is no excuse / responsibility to know (that you were acting within the law) - speaks to affirmative defense. (and potentially, perjury charges?)

Risk / reward. "What do I win if I'm right?" (Shopping trip to PA without incident) and "What do I stand to lose if I'm wrong?" (Holy crap. See thread contents.)

Do I think the reward is worth the risk I take?

Decision made.

Carry on.

[Curmudgeon]

Still reading. The thing I can't escape is that even if those in favor ("Yes its legal given exception, or FOPA...") are correct we're still dealing with an affirmative defense.

So even if you're dead right, it's going to cost untold anguish, tens of thousands of dollars in legal fees, and a couple of years to prevail.

Unless you don't prevail in which case add seven years minimum and prohibiton for life.

So... if you're right, you lose.... and if you're wrong, you really lose.

How bad do you want to "go to a PA range" or shopping with your firearm? Solution: Don't live in NJ.

BTW- the argument was raised "how did I know the range was closed at 2AM?" A) Hours are published. Bye-bye affirmative defense. B) ignorance is no excuse / responsibility to know (that you were acting within the law) - speaks to affirmative defense. (and potentially, perjury charges?)

Risk / reward. "What do I win if I'm right?" (Shopping trip to PA without incident) and "What do I stand to lose if I'm wrong?" (Holy crap. See thread contents.)

Do I think the reward is worth the risk I take?

Decision made.

Carry on.

QFT, my thoughts and concerns exactly. I believe you said it more succinctly than I have. Rep sent.

[TaurusPT145]

I live in Florida and I have a CCW license. The federal law states that a person may transport a gun through a state without a license for that state as long as they are legally allowed to posses the gun in the state they started from and the state they are going to (final destination as one person put it). In states like NJ and NY, where you must possess a license from that state only, the trip must be "uninterrupted". I'm no lawyer, but I would assume that stopping at a mall would be considered an interruption in the trip.

I don't feel like looking for the statutes right now, but I will find it tomorrow if anyone needs the source information.

[MDGolom]

The federal law states that a person may transport a gun through a state without a license for that state as long as they are legally allowed to posses the gun in the state they started from and the state

Be careful about leaving out the work "carry". I believe the federal law states to "Posses and carry". It's the carry part that causes some of us in non-issue states to be concerned.

[lisa45]

cage, just sign a lease with your parents.....

[mrjam2jab]

Be careful about leaving out the work "carry". I believe the federal law states to "Posses and carry". It's the carry part that causes some of us in non-issue states to be concerned.

The wording...

§ 926A. Interstate transportation of firearms
How Current is This?
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

[tl_3237]

Just to further clarify - the word 'carry' does not necessarily refer to OC/CC but, as one of the authors of FOPA said:

S. 2414 would require that the transportation be from an area where the person may possess "and carry" the arm to a place where he may do the same.[507] This raises the question of what manner of carrying is being addressed. Carrying restrictions can vary; in some states concealed carrying is banned, while open carrying is subject to no regulation.[508] Others require a permit to carry on or about the person, regardless of purpose,[509] while others only restrict carrying for non-sporting purposes.[510] The legislative history reflects an intention of a simple and pragmatic test: the transporter must be entitled to carry in the way he carries during the transportation; he must be legally qualified to carry an (p.680)unloaded, inaccessible firearm outside a vehicle's passenger compartment both where he begins and where he ends his journey.[511]

http://www.guncite.com/journals/hardfopa.html


A further discussion on a similar law on the meaning of 'carry' in section 924 is given by SCOTUS in:

MUSCARELLO v. UNITED STATES (96-1654) [1998]

http://www.law.cornell.edu/supct/html/96-1654.ZO.html