Your Carry Options in NJ

[archon]

This might be worthy of a sticky. I am getting tired of seeing people answer the same NJ carry questions over and over.

Golden Rule When It Comes to Anything and Guns in NJ - Public policy in NJ is that, other then inside a fixed place of business or a domicile, the average citizen is highly discouraged from carrying and/or transporting any kind of firearm with the borders of New Jersey. In any case where carry or transit is permitted it is heavily regulated with the presumption that anyone carrying or transporting is doing so contrary to the law and public policy of the state. When in doubt always keep in mind that within NJ the average citizen is not meant to possess, carry, or transport a gun outside of their home or fixed place of business.

Your Carry Options

Carrying of pistols, handguns, and long guns in NJ is generally strictly prohibited except for very narrow categories. Unless you fall into one of these categories of people then assume that carrying any firearm outside of your house, curtilage, and/or fixed place of business is illegal.

Permit to Carry Handgun. NJ is considered a "may issue" state, however in practice it is a "no issue" state except in very rare circumstances. In order to qualify for a carry permit in NJ you must face a real and specific threat that cannot otherwise be reasonable mitigated through others means then carrying a firearm. Even cases where a person carries large sums of cash or jewelry do not qualify under this strict standard. Basically, the only way one would qualify for a carry permit in NJ is if they had a history of a violent stalker, were the target of repeated organized assaults, had active credible death threats, etc. In order to get a permit, an application must be filed with the chief of police (if none the superintendent of the state police) who will either recommend issuance or denial. Either way this will go to a superior court judge who will hold a hearing, take evidence and testimony, then either grant or deny the permit. If the permit is granted the judge can place whatever restrictions on it they would like. This means if you get one because you are afraid of being menaced by a stalker on your walk home from the bus, your restriction might be that you can only carry the gun between the bus stop and your house. There are currently about 1300 active carry permits for the 9 million residents of NJ. That means your chances of getting one, even if you do have some qualifying circumstances, are extremely low.

Become NJ Cop (or other qualified law enforcement agent). Generally NJ licensed law enforcement are allowed to carry both on duty and off duty. Out of state police are allowed to carry with limited restrictions. If you are an out of state cop who routinely comes into NJ off duty or lives in NJ but works in another state check with your commanding officer for restrictions and/or necessary paperwork to be able to carry in NJ.

Be A Retired Cop. A retired police officer, no matter in which jurisdiction they were an actual police officer, can go about getting a permit to carry much in the same manner as a citizen can but the presumption is toward granting the permit instead of denying it. If you are a retired police officer check with your local police chief to see what paperwork you must file to get a permit to carry.

Become a "Special Law Enforcement Officer". This used to be more of a loophole, but has largely been closed in the intervening years by the Legislature. Basically you find a political crony in a small town and have him talk whatever appointing authority in the local government into making you a special law enforcement officer. This confers some limited authority to carry a firearm on and off duty. This used to be a good "back door" into being able to carry a gun legally in NJ, but not so much anymore. If you can find a way though to get this appointment and you want to invest 240 hours in taking police academy classes you can still get a limited right to carry a gun off duty.

Bribe a Judge. Warning this is illegal so don't do it. But, there is always a rumor that some local superior court judge will quietly sign off on your permit paperwork for a certain "donation" to his campaign or another campaign war chest of his choosing. I don't know if these rumors are true, but I have heard them enough that I suspect it happens at least a few dozen times a year in the state.

These are the only legal ways you can carry a handgun in NJ as a citizen. There are no loopholes or other workarounds. You must either fit into one of these categories or you are carrying illegally once you leave your house, curtilage, or fixed place of business.

Your Transportation Options

NJ has similarly strict transportation laws. Basically to legally transport your firearm in NJ it must be in a case, unloaded, and secured separate from the ammo which must be in its own secure case. Guidance differs depending on the source if the cases must also be locked. Although the law probably does not require it, as a best practice, I would recommend you lock both cases too. Also cases must either be locked in a trunk or in the way back of a car, away from the immediate grab of the driver and/or passenger(s) that has no separate locking. trunk compartment.

Traveling with Long Guns and a FOID. If you have a FOID and are traveling solely with long guns then you do NOT need to meet one of the few travel exceptions delineated by NJ law. Guns still must be separate from ammo, unloaded, in different cases (and best practice is to lock both). Even if you have an FOID I would strongly advise against leaving long guns in your car for extended periods of time. You are just going to invite unwanted law enforcement contact if they are stolen or escalated contact if a police officer pulls you over and sees likely gun cases in an uncovered luggage compartment in something like an SUV.

Traveling with Long Guns and NO FOID. You must meet one of the exceptions under NJ law such as going to a gun range, gun smith, between residence and fixed place of business, etc. You also must take a direct route and only make stops that are necessary such and reasonable such as for gas, food, emergency, etc.

Traveling with a Pistol. It doesn't matter if you have an FOID or not. You must meet one of the exceptions under NJ for transit to be legal with a pistol. Also the pistol must be in separate cases from the ammo (and best practice is to lock both). You must also take a direct route and make only stops that are necessary and reasonable just like if you have no FOID with long guns.

Moving Into The State. There is an exception for moving into NJ. The move must be directly to your new residence though when you cross the state line with the caveat of reasonable and necessary stops. Your firearms don't have to come on the first moving truck, but you should be able to demonstrate that they are part of a concerted moving effort. Don't expect this exception to apply if you are slowly moving items from a storage unit over the course of many months or years. Case law is very sparse on this exception, but it would be best to make sure your firearms move into NJ within the first few weeks of taking up permanent residency in your new domicile. [U]Note: the move exception only covers firearms. NJ appellate courts have ruled it does not apply to magazines or banned types of ammo like hollow points.

Interstate Transport of Firearms. NJ recognizes the federal FOPA for interstate transportation of firearms. This only applies thought to firearms moving through the state to a destination other then NJ. It does NOT apply if your final destination is in NJ. Specifics of how you should transport firearms legally under the FOPA appear elsewhere on this forum, but generally it is very similar to traveling with NJ but you do not need to fit into one of the exceptions provided by NJ law. Keep guns unloaded, cased, separate from ammo which should also be cased and placed in a locked trunk or out of reach of the driver and/or passenger(s). Best practice is also to lock all cases.

This is pretty much the only way to carry and transport guns in NJ. Bottom line is NJ does not like guns and believes your average law abiding citizen should not own, possess, carry, or transport guns. Because Democrats run this state it will most likely remain this way for the near future unless the Supreme Court forces the few hold out "no issue" states to issue gun permits because it is a Second Amendment right (the 3rd Circuit Court of Appeals which has jurisdiction over NJ has already turned back such a challenge so it is basically up to the Supreme Court now). Or we will need to get National Carry Reciprocity to force NJ to change its ways.

If fundamentally you do not agree with these restrictions, your best bet is not to live in NJ if you can avoid it. PA is of course pretty gun friendly even if you have to live in Philadelphia. It is also a reasonable commute most workplaces in South/Central Jersey. DE is better then NJ but is quickly becoming less and less gun friendly. You can still get a permit to carry in DE, but it will cost you a few hundred dollars and you will have to jump through a lot of hoops. NY (outside of NYC) is probably slightly better then NJ, but not by much these days. If you are stuck in NJ your best self defense strategy is looking into knives, OC spray, etc when in public. Keep a pistol and/or shotgun in your house for bonafide home defense, but don't shoot at anything that is not actively breaking into or entering your house. Anything else will most likely end you up in jail.

[Daycrawler]

This might be worthy of a sticky.

Become NJ Cop (or other qualified law enforcement agent). Generally NJ licensed law enforcement are allowed to carry both on duty and off duty. Out of state police are allowed to carry with limited restrictions. If you are an out of state cop who routinely comes into NJ off duty or lives in NJ but works in another state check with your commanding officer for restrictions and/or necessary paperwork to be able to carry in NJ.

Be A Retired Cop. A retired police officer, no matter in which jurisdiction they were an actual police officer, can go about getting a permit to carry much in the same manner as a citizen can but the presumption is toward granting the permit instead of denying it. If you are a retired police officer check with your local police chief to see what paperwork you must file to get a permit to carry.

Become a "Special Law Enforcement Officer". This used to be more of a loophole, but has largely been closed in the intervening years by the Legislature. Basically you find a political crony in a small town and have him talk whatever appointing authority in the local government into making you a special law enforcement officer. This confers some limited authority to carry a firearm on and off duty. This used to be a good "back door" into being able to carry a gun legally in NJ, but not so much anymore. If you can find a way though to get this appointment and you want to invest 240 hours in taking police academy classes you can still get a limited right to carry a gun off duty.

No this is not worth of a sticky because, this is what kills conversations. Killing conversations kills forums!

Cops don't need special permission to carry under L.E.O.S.A. that is the Law Enforcement Officer Safety Act. You need to have your official state I.D. and a badge would be helpful. New Jersey doesn't override LEOSA.

Retired cops need to meet the requirement set in LEOSA similar to active Officers except they are retired.


What is a "Special Law Enforcement Officer"? If by that you mean a Constable they too are covered under LEOSA.

I was going to go on but it would be a waste of time. Where did you get your information from? If you are in law enforcement Officer you should understand LEOSA. If you are a NJ or Philly Cop, I understand why you don't know the law. If your not why are you bothering to bring up this thread killing topic?

[sota]

<snip edit. you all won't listen anyways.>

I strongly recommend anyone interested in NJ gun laws buy Evan Nappen's book, and join njgunforums.com as they are a far better resource than this site. I've grown beyond tired of trying to correct all of the mistakes people from here make with regards to NJ, transport, ownership, etc.

[philadelphia patriot]

I carry off duty in NJ under LEOSA. I must abide by the mag limit (15), and I can't carry in state parks, educational places (including colleges), and casinos. LEOSA did get amended to cover hollowpoints in all states, but I carry Hornady Critical Duty in my S&W Shield anyways. As noted above, you need to have your work ID card on you and a badge doesn't help either. I carry my work ID and spare badge next to it in a leather wallet case.

[scruff]

I'd love to have a dollar for every new thread already covered by a stickie.

Is there a NJ forum that covers this stuff? ETA: never mind, I see Sota posted it while I was typing.

[Statkowski]

What is a "Special Law Enforcement Officer"? If by that you mean a Constable they too are covered under LEOSA.

Once upon a time municipalities used to hire, as needed, additional people for parades, special events and whatnot. They had a badge, and a uniform, but they did not have the requisite Act 120 training. Either the courts or state legislature brought the practice to an end when they figured out that Joe from the steel mill really wasn't a cop, even though he dressed up like one for the Christmas parade or whatever.

Constables, and Deputy Constables, are covered by LEOSA.

Sheriffs, and Deputy Sheriffs, except for Allegheny County, are not (per state law they possess no investigative authority and don't qualify).

Special Fire Police, although they do have statewide authority, are prohibited from carrying firearms while performing fire police duties.

[Hodgie]

<snip edit. you all won't listen anyways.>

I strongly recommend anyone interested in NJ gun laws buy Evan Nappen's book, and join njgunforums.com as they are a far better resource than this site. I've grown beyond tired of trying to correct all of the mistakes people from here make with regards to NJ, transport, ownership, etc.

Agreed on both I was a pretty active member on that site before I moved to PA. The owner who I have met and shot with a few times is a good guy and has worked hard to keep everything on that site regarding the law accurate and up to date.

[ungawa]

<snip edit. you all won't listen anyways.>

I strongly recommend anyone interested in NJ gun laws buy Evan Nappen's book, and join njgunforums.com as they are a far better resource than this site. I've grown beyond tired of trying to correct all of the mistakes people from here make with regards to NJ, transport, ownership, etc.

I've looked at that clusterfuck. It seems like half the people keep trying to argue that hollowpoints are perfectly legal, or you can't get charged unless you commit another crime, when you and I know they are pretty much as illegal as handguns.

The OP has mistakes, but that place is a mess. TL knows Jersey laws and I know them pretty well, too. You are always going to find people that don't know what they are talking about. But you will find them in job lots over at that place from what I have seen. At least at this place the majority of us know our own laws.

[JenniferG]

Move to a state that respects the Constitution or change the politicians that have made New Jersey more like China rather than the United States. Those are your two choices.

[Rosco the Iroc]

Humm NJ carry options?

I don't think we can even carry a tune there.