Another gets railroaded by NJ gun laws

[press1280]

http://dustinshanereininger.com/
http://www.nj.com/hunterdon-county-d..._new_jers.html

Looks like the guy was profiled through the Texas plates. From his account, the guns were cased for interstate transport. Seems to be a lot of potential constitutional violations here.

[Shisno]

NJ is not that big of a state. There was no reason that he couldn't get coffee and continue driving through. His mistake was stopping. Which broke the interstate travel rule. Maybe he will continue to fight it and take it to the supreme court where they will rule in our favor. But I doubt it.

[gnbrotz]

If there were a couple guns in plain view on the back seat would that be enough for the warrant?

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IMO, the guns in plain view would negate the need for a warrant, and the search would still be lawful.

http://legal-dictionary.thefreedicti...+View+Doctrine

[soberbyker]

IMO, the guns in plain view would negate the need for a warrant, and the search would still be lawful.

http://legal-dictionary.thefreedicti...+View+Doctrine

I was thinking along those lines but I deleted my post because I wanted to research it first.

You must have responded at the same time I was deleting.


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[soberbyker]

(the post Greg quoted but I deleted basically went like this)

I quess it depends on who you believe, the cop says:

According to police here, Readington Patrolman Gregory Wester saw the vehicle around 3:30 a.m. parked in the back of Wachovia Bank on Route 22. When he approached, he saw two guns on the back seat and Reininger asleep in the driver’s seat, according to police.

~snip~

Reininger’s SUV was towed to headquarters, police obtained a warrant and searched the truck, reporting they found 23 long guns, of which five are classified as “assault” firearms; three handguns; and high-capacity magazines and hollow-point bullets.
Authorities said one handgun was loaded with hollow-point bullets, which are prohibited in New Jersey except under limited circumstances.

The guy from Texas says:

Reininger often parked in bank or church parking lots to sleep while he traveled because they were well lit, often patrolled by police and therefore safer.
He claims police only searched his SUV because he had Texas plates and therefore the officer assumed there would be weapons. He claims the search began before a warrant was obtained.

My question was if the guns were in plain view wouldn't that be cause for the warrant. Once they found the handgun loaded with hollow points in the car arrest would be inevitable.

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[PennsyPlinker]

NJ is not that big of a state. There was no reason that he couldn't get coffee and continue driving through. His mistake was stopping. Which broke the interstate travel rule. Maybe he will continue to fight it and take it to the supreme court where they will rule in our favor. But I doubt it.

Code of Federal Regulations
Title 18 - Part I - Chapter 44 - § 926a
§ 926A. Interstate Transportation of Firearms
Release date: 2005-08-03
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.

People always talk about how one is not allowed to stop. I had to travel through IL last summer with a few firearms. In both my research and my conversation with police in the state of IL, I could not find anywhere where stopping was prohibited. In fact, the officer with whom I spoke told me stopping and even staying was not a problem.

Now, if I were in hostile territory, I would not be sleeping in my vehicle next to a bank, and I would not have loaded guns. For that matter, I would not have even driven into NJ. I would have gone completely around it. In fact, I do that anyway whenever possible, even when I am traveling unarmed, since it is such a lousy place to be. This guy may or may not have broken the laws, but one thing is for sure. One can make money betting that the NJ police will break the laws given the opportunity.

[HiredGoon]

From the story:

Authorities said one handgun was loaded...

IF the handgun was loaded as the authorities stated... the guy can't claim he was legally transporting under federal law...can he?

Doesn't the federal transport law say guns must be unloaded?

IF that is the case, then it's a major fail on the guy's part.

[PennsyPlinker]

From the story:



IF the handgun was loaded as the authorities stated... the guy can't claim he was legally transporting under federal law...can he?

Doesn't the federal transport law say guns must be unloaded?

IF that is the case, then it's a major fail on the guy's part.

Exactly right. The guns have to be unloaded, and not easily accessible. I think the key word in this whole thing though, is "said". I wouldn't believe what they said, especially with so many guns in question. Who knows where they ended up? There is enough evidence of cops lying to create plenty of concern, which is why I wouldn't even give them the chance if I had to travel like this. Go around. It takes more time initially, but look at what saving a few miles and minutes cost the guy.

[streaker69]

The guy was railroaded by his own stupidity.

1. Parked at the back of a bank at night.
2. Fell asleep
3. Gun cases clearly visible.
4. Loaded handgun in car.

He wasn't legally transporting under FOPA. If you're going to be traveling with that many firearms, you better be damn sure of all the laws you need to abide by to do so.

[Kramer]

The guy was railroaded by his own stupidity.

1. Parked at the back of a bank at night.
2. Fell asleep
3. Gun cases clearly visible.
4. Loaded handgun in car.

He wasn't legally transporting under FOPA. If you're going to be traveling with that many firearms, you better be damn sure of all the laws you need to abide by to do so.

This post says it all. Too much "fail" on his part.