Transport guns from NJ to rental property..

**vladtepes** · October 30th, 2013, 11:56 AM

someone in NJ is renting a property with a substantial amount of land to bring their kids up to camp for the week.... wants to bring a couple of 22s to this property that he is renting... if there is no local discharge law, can he legally transport long guns and or handguns unloaded in trunk of car with ammo in separate container? he is not looking to bring guns to PA just for the sake of doing it.. or carrying or anything like that... just for target shooting on a property he is renting..

thanks

**Yellowfin** · October 30th, 2013, 12:19 PM

In PA he can do pretty much as he wants, it's only in NJ that any problem arises.

**vladtepes** · October 30th, 2013, 12:51 PM

Originally Posted by Yellowfin

In PA he can do pretty much as he wants, it's only in NJ that any problem arises.

to an extent? he can't drive around with unloaded handguns? since he would have to be going to or from a specific location?

I have a pretty good understanding of NJ law... but im still new to PA law..

**sigsauer357** · October 30th, 2013, 01:12 PM

I'm guessing he'll probably need to make an appointment with a gunsmith in PA to legally transfer his guns through NJ to here in PA. In MD I want to say a resident can only transport a gun in the state if they're either going to a gunsmith or gunrange without a permit. IDK.

**Boots_DE** · October 30th, 2013, 01:20 PM

Originally Posted by vladtepes

someone in NJ is renting a property with a substantial amount of land to bring their kids up to camp for the week.... wants to bring a couple of 22s to this property that he is renting...

The FOPA will cover him as long as he follows the rules and goes directly from his home in NJ to cross the bridge into PA, and then to the property he is renting.

At both the beginning of his trip, and his destination, he is legally allowed to have his guns. Interstate travel through hostile territory is just why the FOPA was created.

**tl_3237** · October 30th, 2013, 03:10 PM

Originally Posted by vladtepes

someone in NJ is renting a property with a substantial amount of land to bring their kids up to camp for the week.... wants to bring a couple of 22s to this property that he is renting... if there is no local discharge law, can he legally transport long guns and or handguns unloaded in trunk of car with ammo in separate container? he is not looking to bring guns to PA just for the sake of doing it.. or carrying or anything like that... just for target shooting on a property he is renting..

thanks

There are multiple issues to consider:

1. during the NJ portion of the trip:

a. does the Pa destination qualify as a "target range" to secure the exemption protection of NJS 2C:39-6f(3)(b)? This is the crux of the legality. From what you describe I would think it not qualified nor is it the primary purpose of the trip;

b. failing the above (a) exemption, the NJite would require an NJFID or other exemption (provided info does not indicate that the trip would qualify for any) to transport the longarms;

c. failing the above (a) exemption, the NJite would require an NJCCW or other exemption (provided info does not indicate that the trip would qualify for any) to transport a handgun;

d. failing the above (a) exemption, the NJite could not transport HP ammo.

2. during the Pa portion of the trip:

a. unloaded longarms can be transported (except in Phila) without any licensure or exemption;

b. assuming the rented property includes a place of lodging -- does that temporary lodging qualify as "a vacation or recreational home or dwelling" or is the NJite "engaged in target shooting" As to the latter I suspect not because target practice is a planned ancillary event being a small fraction of the overall planned events. As to the former, I'm unaware of any specific statutory or court divined definition for purposes of 18 Pa CS 6106 but, in a sister chapter (18 Pa CH Ch5), 'dwelling' includes 'place of lodging' so that MAY cover it for the exemption of 18 Pa CS 6106(b)(8);

c. failing the above (b) exemption or other exemption, handgun trasnport would not be allowed.

Originally Posted by Boots_DE

The FOPA will cover him as long as he follows the rules and goes directly from his home in NJ to cross the bridge into PA, and then to the property he is renting.

At both the beginning of his trip, and his destination, he is legally allowed to have his guns. Interstate travel through hostile territory is just why the FOPA was created.

http://forum.pafoa.org/concealed-ope...ly-report.html

**knight0334** · October 30th, 2013, 03:16 PM

Originally Posted by Boots_DE

The FOPA will cover him as long as he follows the rules and goes directly from his home in NJ to cross the bridge into PA, and then to the property he is renting.

At both the beginning of his trip, and his destination, he is legally allowed to have his guns. Interstate travel through hostile territory is just why the FOPA was created.

FOPA doesn't cover anyone unless 3 or more states are involved.

FOPA only protects you from intermediate states. You still must abide by the laws of the beginning and ending states.

**jthrelf** · October 30th, 2013, 03:26 PM

Originally Posted by tl_3237

b. failing the above (a) exemption, the NJite would require an NJFID or other exemption (provided info does not indicate that the trip would qualify for any) to transport the longarms;

NJFID has nothing to do with transportation, only purchasing. Having a NJFID does not exempt you from following the normal rules of transporting between two exempted locations (usually home to range). I believe that there is no difference between transporting a long gun or handgun.

**tl_3237** · October 30th, 2013, 03:57 PM

Originally Posted by jthrelf

NJFID has nothing to do with transportation, only purchasing. Having a NJFID does not exempt you from following the normal rules of transporting between two exempted locations (usually home to range). I believe that there is no difference between transporting a long gun or handgun.

Here is the statute subsection dealing with longarms:

NJS 2C;39-5c.Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

An NJFID allows transport of unloaded longarms without need to garner protection under an exemption of NJS 2C:39-6. Having it means that an essential element of the crime of illegal longarm possession is not met.

As to handguns, there is a different qualification, namely possession of the NJCCW (not NJFID):

NJS 2C:39-5b.Handguns. (1) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree. (2) If the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person it is a crime of the third degree.

So, yes, there is a large difference between longarm and handgun transport as it applies to the proscription. There is little difference when transporting under an EXEMPTION.

**jthrelf** · October 30th, 2013, 04:04 PM

Originally Posted by tl_3237

So, yes, there is a large difference between longarm and handgun transport as it applies to the proscription. There is little difference when transporting under an EXEMPTION.

Thanks for clearing that up. Of course having the rare NJ CCW Permit means no exemption is required for transporting, but I did not know it was the same for having a FID and transporting a long gun.