Pennsylvania Firearm Owners Association
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  1. #11
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    Default Re: Non-resident LTCF CCW Open Carry

    I can't believe that this is being discussed? If I'm eligable to obtain a non-resident LTCF licence, then that allows to carry in the states that are in agreement. Man alive, how would I be able to carry if I couldn't transport my gun across NJ state lines... you got to be kidding me to buy into your Bull#%@$..

    Enjoy debating on this totally absurd disccussion, which by the way wasn't my original thread.
    Last edited by chucksniper; March 7th, 2011 at 08:58 PM.

  2. #12
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    Default Re: Non-resident LTCF CCW Open Carry

    Quote Originally Posted by chucksniper View Post
    I can't believe that this is being discussed? If I'm eligible to obtain a non-resident LTCF licence, then that allows to carry in the states that are in agreement. Man alive, how would I be able to carry if I couldn't transport my gun across NJ state lines.
    1) States that will allow you to carry have no influence over the way New Jersey chooses to treat its citizens.
    2) New Jersey won't let you carry there, and certainly doesn't feel obligated to enable you to carry elsewhere.

    Proceed at your own risk.

  3. #13
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    Default Re: Non-resident LTCF CCW Open Carry

    Quote Originally Posted by chucksniper View Post
    I can't believe that this is being discussed? If I'm eligable to obtain a non-resident LTCF licence, then that allows to carry in the states that are in agreement. Man alive, how would I be able to carry if I couldn't transport my gun across NJ state lines... you got to be kidding me to buy into your Bull#%@$..

    Enjoy debating on this totally absurd disccussion, which by the way wasn't my original thread.
    The problem isn't PA's or a reciprocal state's laws, it is New Jersey's laws.

    Believe it or not, it would be illegal to drive to PA just to merely carry here. What is absurd is your total ignorance for your own state's laws. In NJ, unless you are going directly to or from one of their exempted locations, or have a NJ permit - you cannot have a pistol in a car while in New Jersey. It doesn't matter if you have a PA licence, a Florida license, or whatever other state's license while in New Jersey, what matters is your destination and reasoning, and if you have a New Jersey permit.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515, SteveWag

    Don't end up in my signature!

  4. #14
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    Default Re: Non-resident LTCF CCW Open Carry

    transporting out of a state, even NJ, is covered under the peaceable journey act, cover under federal law.
    Last edited by chucksniper; March 7th, 2011 at 10:37 PM.

  5. #15
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    Default Re: Non-resident LTCF CCW Open Carry

    § 926A. Interstate transportation of firearms

    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    You seem firmly convinced that the NJSP, DA, judge and jury would interpret this to your benefit. Good luck. FOPA is irrelevant in the states where you begin and end your trip, since by definition you must be legal in both of those places anyway. Unless you're thinking that "any place" is your house and this allows you to transport anywhere -- a novel interpretation.
    Last edited by donm; March 7th, 2011 at 10:51 PM.

  6. #16
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    Default Re: Non-resident LTCF CCW Open Carry

    Quote Originally Posted by chucksniper View Post
    transporting out of a state, even NJ, is covered under the peaceable journey act, cover under federal law.
    Here's how the Federal appeals court covering NJ interpreted it last year:

    In essence, § 926A allows a person to
    transport a firearm and ammunition from one state through a
    second state to a third state, without regard to the second state’s
    gun laws,
    provided that the traveler is licensed to carry a firearm
    in both the state of origin and the state of destination and that
    the firearm is not readily accessible during the transportation.
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    _____________
    No. 09-2029
    _____________
    GREGG C. REVELL;
    ASSOCIATION OF NEW JERSEY RIFLE & PISTOL
    CLUBS INC.
    v.
    PORT AUTHORITY OF NEW YORK AND NEW JERSEY;
    SCOTT ERICKSON

    Though the issue is far from clear, you should be aware that this does not add support for you idea of what FOPA's interstate transport clause says.

    Be informed and then proceed at your own risk.

    There are many threads on this specific topic to include:
    http://forum.pafoa.org/concealed-ope...yesterday.html
    IANAL

  7. #17
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    Default Re: Non-resident LTCF CCW Open Carry

    Quote Originally Posted by donm View Post
    You seem firmly convinced that the NJSP, DA, judge and jury would interpret this to your benefit. Good luck. FOPA is irrelevant in the states where you begin and end your trip, since by definition you must be legal in both of those places anyway. Unless you're thinking that "any place" is your house and this allows you to transport anywhere -- a novel interpretation.

    by definition you must be legal in both of those places anyway.
    What you don't see is I have a non-resident Utah LTCF, so that makes me legal in both places,(not to carry in NJ) Utah issues LTCF to NJ citizens because NJ doesn't issue.(Unless Utah is full of Sh$%, and is breaking the law) They are passing a law that states that issue, residence must purchase from home state first before getting non-residence afterwards.(NJ is exempt)
    Last edited by chucksniper; March 7th, 2011 at 11:09 PM.

  8. #18
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    Default Re: Non-resident LTCF CCW Open Carry

    Quote Originally Posted by chucksniper View Post
    What you don't see is I have a non-resident Utah LTCF, so that makes me legal in both places.
    NJ does not recognize UTAH's licenses or that of any other state. NJ only recognizes NJ's CCW.

    So how are you legal in NJ which is the origin of your outgoing trip and destination of your return trip?
    IANAL

  9. #19
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    Default Re: Non-resident LTCF CCW Open Carry

    Quote Originally Posted by tl_3237 View Post
    NJ does not recognize UTAH's licenses or that of any other state. NJ only recognizes NJ's CCW.

    So how are you legal in NJ which is the origin of your outgoing trip and destination of your return trip?
    Peaceable journey that I am aloowed when I transport my long arms to hunt and shoot.... Oh wait, I'm breaking the law then too according to you guys. It's not under the trans laws of NJ.... uh oh.... ? WTH?

  10. #20
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    Default Re: Non-resident LTCF CCW Open Carry

    Quote Originally Posted by chucksniper View Post
    Peaceable journey that I am aloowed when I transport my long arms to hunt and shoot.... Oh wait, I'm breaking the law then too according to you guys. It's not under the trans laws of NJ.... uh oh.... ? WTF?
    Under an exception provided in NJS 2C:39-6f, transport within NJ for ranges and hunting is permitted. As such your NJ leg of the trip is legal for 18 USC 926A qualification purposes.

    There is NO exception to NJS 2C:39-5b that would allow the transport of handguns while in NJ and off your property for 'self-defense' purposes - hence you arguably fail to qualify the prerequisites of 926A based on illegality in origin or destination state.
    IANAL

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