Here is a doozie- Non- resident, property owner, keeping firearms and getting a CCW

[knight0334]

He may legally possess and carry his firearms in his NJ home, and also in his house in PA. Therefore, FOPA will protect him from adverse NJ laws from the time he leaves his NJ home until he arrives at any other place where he can lawfully possess and carry his firearms. BTW, nothing in FOPA mentions "intermediate" States, although those States may be part of the FOPA protected trip.

The problem is OFF his property while in NJ. Unless exempted by law, of if you have NJ carry permit, you may only transport handguns directly to/from a range or gunsmith, or to/from your home/place of business, or when moving to a new home. For transporting rifles/shotguns you must have your FID card. Since the portion from a NJ residents property line and the PA line isn't lawful possession, the entirety of NJ possession while inside NJ would NOT be covered by FOPA even if there was an intermediate state.

Simply transporting to what NJ would consider a vacation dwelling would not be exempted under NJ law.

And NO again, FOPA does NOT cover you in your beginning and destination states. It only covers intermediate states.

[Sgt.K]

He may legally possess and carry his firearms in his NJ home, and also in his house in PA. Therefore, FOPA will protect him from adverse NJ laws from the time he leaves his NJ home until he arrives at any other place where he can lawfully possess and carry his firearms. BTW, nothing in FOPA mentions "intermediate" States, although those States may be part of the FOPA protected trip.

You might want to use the search function (or check the stickies). If memory serves, case law defines "place" as State. Therefore, being covered by FOPA between your starting and ending place would require that there *be* a place between start and end, hence coverage in intervening states.

[knight0334]

For those of you from New Jersey, READ THIS THREAD - http://forum.pafoa.org/showthread.php?t=140698

Also, go to the links provided within tl_3237's postings, down load the PDF files and read them.


FOPA does NOT cover the beginning and destination states. It covers protection in the intermediate states only.

[Sgt.K]

The problem is OFF his property while in NJ. Unless exempted by law, of if you have NJ carry permit, you may only transport handguns directly to/from a range or gunsmith, or to/from your home/place of business, or when moving to a new home. For transporting rifles/shotguns you must have your FID card. Since the portion from a NJ residents property line and the PA line isn't lawful possession, the entirety of NJ possession while inside NJ would NOT be covered by FOPA even if there was an intermediate state.

Following up on this:

FOPA is Federal. It is designed to protect travelers from free America who are forced to travel thru other jurisdictions in enemy territory. It is not meant (and NJ courts will certainly not let it be used as) a way for a subject of NJ to violate NJ law. Example: If one were travelling between homes (not one of the NJ exceptions), claiming FOPA would not work because you'd still spend the entire time under NJ jurisdiction, where, according to an actual judges ruling, "When dealing with guns, the citizen acts at his peril." - STATE OF N.J. V. JOSEPH PELLETERI

[Sgt.K]

Poofa as a general consensus doesn't appreciate NJ folks coming to freedom as visitors with guns

On the contrary. We're trying to protect you from your own lords and masters.

Do what you feel is correct as to the law.

With your eyes wide open.

[SigForLife]

Wouldn't the OP need a Pa DL?
He may be eligible to do so, but wouldn't he then need to surrender his NJ DL?


ETA: or county ID ETC

Nope, I have a number of clients who have NJ DLs and have their PA LTCFs

[Sgt.K]

He may legally possess and carry his firearms in his NJ home, and also in his house in PA. Therefore, FOPA will protect him from adverse NJ laws from the time he leaves his NJ home until he arrives at any other place where he can lawfully possess and carry his firearms. BTW, nothing in FOPA mentions "intermediate" States, although those States may be part of the FOPA protected trip.

IANAL. I don't give legal advice. I'm only stating my OPINION.
(Did I really need to say that on an Internet forum? LOL)

The bold has been found to be untrue in practice. Therefore, the red should be solidly understood by all readers, lest the mods take umbrage.

[lts1ow]

Nope, I have a number of clients who have NJ DLs and have their PA LTCFs

Do tell, how is that possible?

[PHLJJS]

Do tell, how is that possible?

PA Non-Drivers ID with the address of their PA home listed?

[lts1ow]

PA Non-Drivers ID with the address of their PA home listed?

Seems to simple to work