Pennsylvania Firearm Owners Association
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  1. #1
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    Default Question about carrying over state borders

    This is a hypothetical situation I would like everyone's opinion on and is in no way an admission of guilt or illegal activity so-"don't ban me bro." If I am going to visit family in upstate NY or in south Jersey and I'm the kind of guy that likes to have as much fire power as possible with me at all times just in case. I have a large lock box in the back of my SUV. If I were to put my AR/ handgun in said box and put a pad lock on it and let's just say I happen to get pulled over for speeding am I breaking the law? Do I have to tell the cop the guns are in there? And does he have the right to unlock and search my lock box? I've never done this but will be traveling soon and was wondering about the legality.

  2. #2
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    Default Re: Question about carrying over state borders

    Quote Originally Posted by NuthinbutJHP View Post
    ... and let's just say I happen to get pulled over for speeding am I breaking the law?
    Yes, for speeding!

    For the firearms, yes, as well.
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

  3. #3
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    Default Re: Question about carrying over state borders

    According to the Interstate Transportation of Firearms it is illeagal. If for concealed carry....

    http://forum.pafoa.org/concealed-ope...-firearms.html

    Great write up...
    Last edited by sevenshot; March 11th, 2011 at 03:37 PM.

  4. #4
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    Default Re: Question about carrying over state borders

    Quote Originally Posted by NuthinbutJHP View Post
    This is a hypothetical situation I would like everyone's opinion on and is in no way an admission of guilt or illegal activity so-"don't ban me bro." If I am going to visit family in upstate NY or in south Jersey and I'm the kind of guy that likes to have as much fire power as possible with me at all times just in case. I have a large lock box in the back of my SUV. If I were to put my AR/ handgun in said box and put a pad lock on it and let's just say I happen to get pulled over for speeding am I breaking the law?

    My comments deal with your NJ trip to visit family. Possession of a handgun without an NJCCW or a longarm without an NJFID is punishable by a sentence of 3-10 years [NJS 2C:39-5] and upon conviction you are a Federally prohibited person for life!


    Do I have to tell the cop the guns are in there?

    NO.

    And does he have the right to unlock and search my lock box?

    Depends if he has a search warrant and also whether you are under arrest for another charge.

    I've never done this but will be traveling soon and was wondering about the legality.

    IT AIN'T. DON'T.
    RED inserts mine.
    Last edited by tl_3237; March 11th, 2011 at 02:55 PM.
    IANAL

  5. #5
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    Default Re: Question about carrying over state borders

    Ok if this is illegal then how does someone go to a shooting match in NJ? From what I read in the sticky above as long as it is locked up in my lock box then I'm ok. In theory none of this should even matter because that lock box should be covered under the 4th amendment and unless I do something REALLY stupid they have no right to look in it let alone unlock it?

  6. #6
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    Default Re: Question about carrying over state borders

    Quote Originally Posted by NuthinbutJHP View Post
    Ok if this is illegal then how does someone go to a shooting match in NJ?
    To go to a shooting match while in NJ you carry according to NJS 2C:39-6g:
    g. All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances.
    You would qualify for the exemption:

    NJS 2C:39-6f. Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:



    (3) A person transporting any firearm or knife while traveling:

    (b) Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder;
    NO deviations to visit family.

    Quote Originally Posted by NuthinbutJHP View Post
    From what I read in the sticky above as long as it is locked up in my lock box then I'm ok.
    Where'd you read that?
    IANAL

  7. #7
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    Default Re: Question about carrying over state borders

    You can go, back and forth, to NY and NJ, for years, and carry as you described, those firearms. No one might be the wiser.

    But, strange scenarios can occur, and then put you in a legal, and monetary quagmire for years.

    ***********

    I was profiled at Erie airport, was asked if I consented to a search. I gave the state boys 10 minutes of my time, and not a minute more, as my stipulation. My bag was searched, I was patted down.

    All this, because I had a tan, and was flying in from Florida.

    You never know!
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

  8. #8
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    Default Re: Question about carrying over state borders

    Sorry if I caused any confusion JHP.... you do fall into the exemptions to transport.... You mentined a handgun and I assumed it was meant to carry.

  9. #9
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    Default Re: Question about carrying over state borders

    Quote Originally Posted by NuthinbutJHP View Post
    If I am going to visit family in upstate NY or in south Jersey and I'm the kind of guy that likes to have as much fire power as possible with me at all times just in case.
    Quote Originally Posted by sevenshot View Post
    Sorry if I caused any confusion JHP.... you do fall into the exemptions to transport.... You mentined a handgun and I assumed it was meant to carry.

    Sevenshot, JHP's initial question dealt with the legality of this scenario. Describe how he is exempt?
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

  10. #10
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    Default Re: Question about carrying over state borders

    Quote Originally Posted by Gun View Post
    Sevenshot, JHP's initial question dealt with the legality of this scenario. Describe how he is exempt?
    I believe Sevenshot was addressing the second scenario (match). Once he read my preceeding post where NJ law did permit the transport then arguable the OP would be legal to 'possess and carry' in both the origin and destination states.

    He then deleted that post (nee #7) causing a time warp in the thread sequence.
    IANAL

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