Pennsylvania Firearm Owners Association
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    Default National Right-to-Carry Reciprocity Bill Introduced In U.S. House

    "Cogito, ergo armatum sum"

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    Default Re: National Right-to-Carry Reciprocity Bill Introduced In U.S. House

    National Right-to-Carry Reciprocity Bill Introduced In U.S. House

    Friday, February 25, 2011


    Last week, H.R. 822, was introduced in the U.S. House by Representatives Cliff Stearns (R-Fla.) and Heath Shuler (D-N.C.). The measure would allow any person with a valid state-issued concealed carry permit to carry a concealed firearm in any state that issues concealed firearm permits, or that does not prohibit the carrying of concealed firearms. A state's laws governing where concealed firearms may be carried would apply within its borders. The bill also applies to Washington, D.C., Puerto Rico and U.S. territories.

    H.R. 822 would not create a federal licensing system. Rather, it would require the states to recognize each others' carry permits, just as they recognize drivers' licenses and carry permits held by armored car guards. Rep. Stearns has introduced such legislation since 1995.
    Nice, but it still does not help residents of states like New Jersey where you cannot realistically get a concealed carry permit even though they do technically offer one. It might mean, however, that PA residents would be able to carry in New Jersey.

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    Default Re: National Right-to-Carry Reciprocity Bill Introduced In U.S. House

    Quote Originally Posted by Coops View Post
    Nice, but it still does not help residents of states like New Jersey where you cannot realistically get a concealed carry permit even though they do technically offer one. It might mean, however, that PA residents would be able to carry in New Jersey.
    I have not read the bill; however, from what is on this thread it sounds to me that NJ would be good since they do issue. There ban on hollow points and such would still be in effect.
    Fraggle09027 is not a lawyer. Any advice is just advice (my own 2 cents) and is not expressed or implied as legal advice.

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    Default Re: National Right-to-Carry Reciprocity Bill Introduced In U.S. House

    Quote Originally Posted by Fraggle09027 View Post
    I have not read the bill; however, from what is on this thread it sounds to me that NJ would be good since they do issue. There ban on hollow points and such would still be in effect.
    Not quite .... there are exemptions .....

    Provided certain conditions are met, a sportsman may transport and use hollow point ammunition. There are no restrictions preventing a sportsman from keeping such ammunition at his home.

    N.J.S.A 2C:39-3f(1) limits the possession of hollow nose ammunition. However, there is a general exception that allows for the purchase of this ammunition but restricts the possession of it to specified locations. This exception provides that:
    (2) Nothing is sub section f (1) shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land . . . [N.J.S.A 26:39-3g (2)].
    Thus a person may purchase this ammunition and keep it within the confines of his property. Sub section f (1) further exempts from the prohibited possession of hollow nose ammunition "persons engaged in activities pursuant to N.J.S.A 2C:39-6f. . . ."
    N.J.S.A 26:39-3f. (1).
    Activities contained in N.J.S.A 26:39-6f. can be broken down as follows:
    1.A member of a rifle or pistol club organized under rules of the National Board for the Promotion of Rifle Practice and which filed its charter with the State Police;
    2.A person engaged in hunting or target practice with a firearm legal for hunting in this State;
    3.A person going directly to a target range, and;
    4.A person going directly to an authorized place for "practice, match, target, trap or skeet shooting exhibitions."
    As with other ammunition and firearms, a sportsman would have to comply with the provisions of N.J.S.A 2C:39-6f and g when transporting hollow nose ammunition to a target range. The ammunition should be stored in a closed and fastened container or locked in the trunk of the motor vehicle in which it is being transported. The course of travel should be as direct as possible when going to and leaving from the target range with "only such deviations as are reasonably necessary under the circumstances." N.J.S.A 2C:39-6g.

    If the sportsman's club member plans to hunt with a rifle and use hollow nose ammunition in a state where this is permitted, he must comply with the provisions of U.S.C.A. 926A and N.J.S.A 2C:39-6(f) and (6)(g), which is consistent with the federal law, in transporting the firearm and ammunition. The firearm should be unloaded and neither the firearm nor the ammunition should be readily accessible from the passenger compartment. If the vehicle does not have a trunk, the firearm and the ammunition should be contained in a locked container other than the glove compartment or the console. 18 U.S.C.A. 926A.

    In addition, the sportsman should have a valid hunting license in his possession from the state in which he plans to hunt and should be familiar with that state's gun laws. N.J.S.A 2C:39-6(f)(2) requires a person hunting in this State to have a valid hunting license in his possession while traveling to or from the hunting area. Hunting with hollow nose ammunition is permitted in New Jersey. In the case of a New Jersey resident traveling to another state to hunt, it logically would follow that the hunting license would be from the state where the hunter is going. Although the federal statute does not require possession of a hunting license, it does require that the person transporting the firearm be going to a state where possession of that object is lawful. A valid hunting license from that state effectively supplies the proof.

    These conditions for use and transport of hollow nose ammunition are consistent with the legislative intent to restrict the use of such ammunition to a limited number of people. It is well established that in construing a statute exceptions are to be "strictly but reasonably construed, consistent with the manifest reason and purpose of the law." Service Armament Co. v. Hyland, 70 N.J. 550, 558-559 (1976). The State Supreme Court has "characterized the Gun Control Law as 'highly purposed and conscientiously designed toward preventing criminal and other unfit elements from acquiring firearms while enabling the fit elements of society to obtain them with minimal burdens.'" Id. at 559.
    http://www.state.nj.us/njsp/about/fire_hollow.html
    .

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    Default Re: National Right-to-Carry Reciprocity Bill Introduced In U.S. House

    Quote Originally Posted by Coops View Post
    Nice, but it still does not help residents of states like New Jersey where you cannot realistically get a concealed carry permit even though they do technically offer one. It might mean, however, that PA residents would be able to carry in New Jersey.

    PA residents that don't fall into the LTCF exemption list... would not be able to carry in NJ. It would unify all states that issue to be in agreement with each other. (is that better?)
    Last edited by chucksniper; March 10th, 2011 at 11:10 PM.

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    Default Re: National Right-to-Carry Reciprocity Bill Introduced In U.S. House

    Thanks for the info. Honestly, I never even looked at NJ and NY firearm laws. I never go out of country so I never worried about it

    Hope the bill passes. IMHO, it will not make it through the Senate and if it would B.O. would never sign.
    Fraggle09027 is not a lawyer. Any advice is just advice (my own 2 cents) and is not expressed or implied as legal advice.

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    Default Re: National Right-to-Carry Reciprocity Bill Introduced In U.S. House

    Quote Originally Posted by Fraggle09027 View Post
    Thanks for the info. Honestly, I never even looked at NJ and NY firearm laws. I never go out of country so I never worried about it

    Hope the bill passes. IMHO, it will not make it through the Senate and if it would B.O. would never sign.
    Rep. Stearns has introduced such legislation since 1995.
    Persistence, it took PA motorcyclists 29 years to modify the state helmet law.
    .

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    Default Re: National Right-to-Carry Reciprocity Bill Introduced In U.S. House

    Quote Originally Posted by chucksniper View Post
    PA residents would not be able to carry in NJ. It would unify all states that issue to be in agreement with each other.
    Here we go again ...... technically NJ does issue, albeit very little, so as a state that issues they would be subject to the agreement. There are only two states that do not issue, Illinois and Wisconsin. Washington DC does not issue a carry license either.
    .

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    Default Re: National Right-to-Carry Reciprocity Bill Introduced In U.S. House

    Quote Originally Posted by soberbyker View Post
    Here we go again ...... technically NJ does issue, albeit very little, so as a state that issues they would be subject to the agreement. There are only two states that do not issue, Illinois and Wisconsin. Washington DC does not issue a carry license either.
    .

    I'll go along with that, but the average Joe will not fall into the agreement.

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    Default Re: National Right-to-Carry Reciprocity Bill Introduced In U.S. House

    Quote Originally Posted by soberbyker View Post
    Here we go again ...... technically NJ does issue, albeit very little, so as a state that issues they would be subject to the agreement. There are only two states that do not issue, Illinois and Wisconsin. Washington DC does not issue a carry license either.
    .
    Three states.. Dont forget about Vermont.. ...however no license is needed there. lol

    Washington DC does issue licenses, even to non-residents. However they are like NJ and MD on issuing them.
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