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Thread: Quick Question
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March 17th, 2015, 11:42 PM #21Junior Member
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Re: Quick Question
Here is a post I found online elsewhere. Hopefully you guys could agree?
If you are transporting a firearm from your residence in NJ to an out-of-state location where it is legal to possess that firearm, then you are covered by federal law. It doesn't matter if you're taking it to another residence or a range in PA... or just driving across the border to sit parked in your car with the gun locked in your trunk while making faces across the river before driving it back home. PA doesn't have the transport restrictions that NJ has, and it isn't any of NJ's business what you do with your property while not in NJ. Federal law protects the transportation of a firearm from one place where it is legal to possess (your house in NJ) to another (the whole state of PA).
Transport within NJ is sticky because it is illegal to possess a gun without a valid NJ carry permit anywhere except your home, your gunsmith's place of business, and the range. There is an exception for transport between those places, but if you make any stops along the way you're cooked... that is not the case on the other side of the river. In PA, it is legal to transport a firearm anywhere except the usual list of places where firearms are prohibited- schools, government buildings, military posts, etc. So long as it stays locked in the trunk of your car, you can stop and grab lunch on the way to the range, or swing by your friend's house... all the things you can't do in NJ.
PA also does not have registration or a purchaser ID card like NJ does; since you already own the gun you intend to store at your place in PA, nothing else needs to be done. It's as simple as driving it across the river.
Also, both resident and non-resident FL carry permits are valid in PA.... not to mention ~30 other states. It's a good investment to make- just be mindful that a FL carry permit (or any other out-of-state permit) will NOT be valid in NJ.
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March 18th, 2015, 12:05 AM #22
Re: Quick Question
I'm on my way to bed so I can make an appointment in the morning, so I don't have time to look up the specifics, but:
Case law indicates that FOPA covers you in the intervening state(s) as long as you are legal in the starting and ending STATE. The wording may say "place", but in practice it means "state", so if you are not passing thru a 3rd state, you are not covered by FOPA.
Again, you and/or your friend are trying to game the system. It will not end well.
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March 18th, 2015, 12:06 AM #23Super Member
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Re: Quick Question
Umm, that doesn't sound correct to me. IIRC, without a valid LTCF, you cannot carry a firearm in a vehicle except to and from a specific list of places(gun shops, gun ranges, to/from home/place of business, etc.), but not just anywhere you feel like. But wait for someone to confirm that.
“A Republic, if you can keep it.” - Benjamin Franklin
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March 18th, 2015, 12:17 AM #24Junior Member
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Re: Quick Question
I appreciate all your help. I already feel bad for my friend.
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March 18th, 2015, 01:12 AM #25Banned
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March 18th, 2015, 03:35 AM #26
Re: Quick Question
You are correct.
§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who
carries a firearm in any vehicle or any person who carries a
firearm concealed on or about his person, except in his place
of abode or fixed place of business, without a valid and
lawfully issued license under this chapter commits a felony
of the third degree.
(2) A person who is otherwise eligible to possess a
valid license under this chapter but carries a firearm in any
vehicle or any person who carries a firearm concealed on or
about his person, except in his place of abode or fixed place
of business, without a valid and lawfully issued license and
has not committed any other criminal violation commits a
misdemeanor of the first degree.
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) Constables, sheriffs, prison or jail wardens, or
their deputies, policemen of this Commonwealth or its
political subdivisions, or other law-enforcement officers.
(2) Members of the army, navy, marine corps, air force
or coast guard of the United States or of the National Guard
or organized reserves when on duty.
(3) The regularly enrolled members of any organization
duly organized to purchase or receive such firearms from the
United States or from this Commonwealth.
(4) Any persons engaged in target shooting with a
firearm, if such persons are at or are going to or from their
places of assembly or target practice and if, while going to
or from their places of assembly or target practice, the
firearm is not loaded.
(5) Officers or employees of the United States duly
authorized to carry a concealed firearm.
(6) Agents, messengers and other employees of common
carriers, banks, or business firms, whose duties require them
to protect moneys, valuables and other property in the
discharge of such duties.
(7) Any person engaged in the business of manufacturing,
repairing, or dealing in firearms, or the agent or
representative of any such person, having in his possession,
using or carrying a firearm in the usual or ordinary course
of such business.
(8) Any person while carrying a firearm which is not
loaded and is in a secure wrapper from the place of purchase
to his home or place of business, or to a place of repair,
sale or appraisal or back to his home or place of business,
or in moving from one place of abode or business to another
or from his home to a vacation or recreational home or
dwelling or back, or to recover stolen property under section
6111.1(b)(4) (relating to Pennsylvania State Police), or to a
place of instruction intended to teach the safe handling, use
or maintenance of firearms or back or to a location to which
the person has been directed to relinquish firearms under 23
Pa.C.S. § 6108 (relating to relief) or back upon return of
the relinquished firearm or to a licensed dealer's place of
business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or back upon return of the
relinquished firearm or to a location for safekeeping
pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
to third party for safekeeping) or back upon return of the
relinquished firearm.
(9) Persons licensed to hunt, take furbearers or fish in
this Commonwealth, if such persons are actually hunting,
taking furbearers or fishing as permitted by such license, or
are going to the places where they desire to hunt, take
furbearers or fish or returning from such places.
(10) Persons training dogs, if such persons are actually
training dogs during the regular training season.
(11) Any person while carrying a firearm in any vehicle,
which person possesses a valid and lawfully issued license
for that firearm which has been issued under the laws of the
United States or any other state.
(12) A person who has a lawfully issued license to carry
a firearm pursuant to section 6109 (relating to licenses) and
that said license expired within six months prior to the date
of arrest and that the individual is otherwise eligible for
renewal of the license.
(13) Any person who is otherwise eligible to possess a
firearm under this chapter and who is operating a motor
vehicle which is registered in the person's name or the name
of a spouse or parent and which contains a firearm for which
a valid license has been issued pursuant to section 6109 to
the spouse or parent owning the firearm.
(14) A person lawfully engaged in the interstate
transportation of a firearm as defined under 18 U.S.C. §
921(a)(3) (relating to definitions) in compliance with 18
U.S.C. § 926A (relating to interstate transportation of
firearms).
(15) Any person who possesses a valid and lawfully
issued license or permit to carry a firearm which has been
issued under the laws of another state, regardless of whether
a reciprocity agreement exists between the Commonwealth and
the state under section 6109(k), provided:
(i) The state provides a reciprocal privilege for
individuals licensed to carry firearms under section
6109.
(ii) The Attorney General has determined that the
firearm laws of the state are similar to the firearm laws
of this Commonwealth.
(16) Any person holding a license in accordance with
section 6109(f)(3).
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March 18th, 2015, 11:20 AM #27
Re: Quick Question
FOPA arguably would not apply to NJ<>PA trips.
see:http://forum.pafoa.org/concealed-ope...ly-report.html
Not true. For certain limited exceptions the NJ transport sub-section (2C:39-6g) allows for "the course of travel shall include only such deviations as are reasonably necessary under the circumstances". This allowance should be interpreted in the strict sense but stops for fuel, waste management, food, emergency repairs, etc incident to the direct routed trip are allowed. Pa statutes are mute on this point so it is speculation whether deviations are allowed.
As other have opined, this is not true. I would say that Pa and NJ approach equivalency on the stringency of their transport laws.
Specifically relative to handguns Pa and NJ both have point of sale/transfer databases; neither have 'registration' in the strictest sense. The NJFID card only applies to the purchase/transport of longarms and serves as one of the qualifying prerequisites for handgun ammo purchase.
Driving "across the river" must be carefully planned to conform with the laws of both states.
Specifically what is meant by "store at your place in Pa" {we already discussed some of the FEDERAL issues with the storage at another's Pa residence} ??
FL permits issued to non-FL residents are NOT reciprocated in Pa though , for non-Pa residents, it can qualify for the statutory exception to the vehicle transport prohibition.Last edited by tl_3237; March 18th, 2015 at 12:05 PM.
IANAL
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