New Jersey resident with Florida Concealed Carry Lisense

[Corn Flake]

POSSESSION
It is unlawful to knowingly possess any handgun, including any antique handgun, without first having obtained a Permit to Carry, and it is unlawful to knowingly possess any rifle or shotgun without having first obtained a Firearms Purchaser Identification Card (FID),however, no Permit to Carry or FID is required:1. To keep or carry any firearm about a person’s place of business, residence, premises, or other land owned or possessed by him; a place of business shall be deemed a fixed location.
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I was under the impression that you could only have guns in your primary residence or business, but if you go by this, then a 2nd home or vacation home should be fine.

Also, seems like women have no rights in NJ to have a gun at home, since the premises or land have to be owned or possessed by him.

[tl_3237]

POSSESSION
It is unlawful to knowingly possess any handgun, including any antique handgun, without first having obtained a Permit to Carry, and it is unlawful to knowingly possess any rifle or shotgun without having first obtained a Firearms Purchaser Identification Card (FID),[B] however, no Permit to Carry or FID is required:... SNIP FOR BREVITY.

Correct because all those activities and professions listed ARE EXEMPTIONS per NJSA 2C:39-6 and as such they protect you from charges of illegal possession pursuant to 2C:39-5 for those without the proper licensure (CCW/NJFID).

Having the proper licensure, one may possess a handgun (with CCW) or longarm (NJFID) without qualifying for an exemption. The licensure itself make the prohibiting statute (2C:39-5) non-applicable regardless of profession or activity. Thus my statement:

The NJFID is a licensure for possession of longguns for UNEXEMPTED activities per NJSA 2C:39-5c.

[tl_3237]

I was under the impression that you could only have guns in your primary residence or business, but if you go by this, then a 2nd home or vacation home should be fine.
Also, seems like women have no rights in NJ to have a gun at home, since the premises or land have to be owned or possessed by him.

Well its not so simple.

1. the first issue that must be resolved is whether a place other than your primary residence qualifies as the "residence" as used in:

NJSA 2C:39-6e.Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

If you interpret this to include 2nd homes and vacation homes, how would you handle rental 2nd vacation homes, overnight hotel rooms, etc? Carry the logic to extremes and you could have a gun anywhere you sleep for the day/night.

2. Setting aside the "residence' question, there remains the issue as to how you legally TRANSPORT the firearm from your primary residence to the place of temporary lodging. Assuming no CCW/NJFID then your possession in transit would arguably violate 2C:39-5 because there is no exemption in 2C:39-6 for transport between "residences" (except when actually moving).

Bottom line - know that there are inherent legal risks in possessing a firearm without the proper license or qualifying for a 39-6 exemption. Proceed accordingly.

[JOB]

I read all of the above and I think I can do the below, but to clarify:
Here is what I want to do.
I live in PA and have a 2nd home in NJ. I want to lawfully be able to transport a shotgun and/or pistol to and from NJ. I will have the ammo locked and separated from the weapons while driving. I want to keep the weapons in my home in NJ while I'm there for a few days for home protection only. I won't be carrying anything on my person or loaded in my car while driving around town in NJ.
Can I lawfully do this? If I need a permit, which one would apply to this situation?
I really feel sorry NJ residents, having to put up with these harsh gun laws.
Thank you all for your time and input.
John

[tl_3237]

I read all of the above and I think I can do the below, but to clarify:
Here is what I want to do.
I live in PA and have a 2nd home in NJ. I want to lawfully be able to transport a shotgun and/or pistol to and from NJ. I will have the ammo locked and separated from the weapons while driving. I want to keep the weapons in my home in NJ while I'm there for a few days for home protection only. I won't be carrying anything on my person or loaded in my car while driving around town in NJ.
Can I lawfully do this? If I need a permit, which one would apply to this situation?
I really feel sorry NJ residents, having to put up with these harsh gun laws.
Thank you all for your time and input.
John

If you had an NJFID then you could possess and transport NJ legal longarms (ie 'non-assault rifles') to your second home. Similarly for handguns if you had an NJCCW.

Otherwise as I previously stated, the issue is whether a 2nd home qualifies as a residence under 2C:39-6e and whether you qualify for an exemption under 2C:39-6 while transporting. I'm unaware that has ever been adjudicated or officially interpreted but a strict reading of the statutes leaves doubt that you could do what you want without legal risk.

IMO, to be perfectly safe, get an NJFID and transport a shotgun (no street-sweepers, etc).

PS you can have chemical sprays in NJ as a somewhat limited option -

NJSA 2C:39-6i. Nothing in N.J.S.2C:39-5 shall be construed to prevent any person who is 18 years of age or older and who has not been convicted of a felony, from possession for the purpose of personal self-defense of one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather, is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air. Any person in possession of any device in violation of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100.00.

[Corn Flake]

Well its not so simple.

1. the first issue that must be resolved is whether a place other than your primary residence qualifies as the "residence" as used in:

If you interpret this to include 2nd homes and vacation homes, how would you handle rental 2nd vacation homes, overnight hotel rooms, etc? Carry the logic to extremes and you could have a gun anywhere you sleep for the day/night.

2. Setting aside the "residence' question, there remains the issue as to how you legally TRANSPORT the firearm from your primary residence to the place of temporary lodging. Assuming no CCW/NJFID then your possession in transit would arguably violate 2C:39-5 because there is no exemption in 2C:39-6 for transport between "residences" (except when actually moving).

Bottom line - know that there are inherent legal risks in possessing a firearm without the proper license or qualifying for a 39-6 exemption. Proceed accordingly.

There's always a catch. The sad part is that many honest, law abiding citizens have become felons because of the unnecessary complex gun laws in NJ. And the worst part is that once you are adjudicated a felon in NJ, you lose your 2nd amendment rights nationwide. Reading these posts makes me realize that it could have been me. Thank God I don't live there anymore.

PS you can have chemical sprays in NJ as a somewhat limited option -

But don't even think about bringing a taser.

[JOB]

I will get that permit and do as you say. Thanks.
John

[JOB]

Thanks. I'll be careful. Maybe it's time to sell and get out of NJ.
John