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January 14th, 2010, 11:13 PM #1
Bring Pistol into NJ as dual resident
Here's an interesting question that just popped into my head as a result of another thread.
I live in PA, but my parents own a home at the Jersey Shore. If my understanding is correct, while living at the beach house (mostly the summer) I am legally considered a resident of NJ.
Now I always assumed there is no way I would be able to bring a gun into Jersey, but if I'm right, and I am considered a resident of Jersey while living there, is there any possible way for me to bring a gun to the beach house? Obviously it wouldn't be an easy process, but can anybody offer any insight or steer me in the right direction?
And for the record, yes I am aware of Jersey Carry LawsLast edited by zackattack784; January 14th, 2010 at 11:18 PM.
I am not a lawyer and nothing I say should be construed as legal advice.
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January 14th, 2010, 11:20 PM #2Grand Member
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Re: Bring Pistol into NJ as dual resident
IMO you are not a res of NJ. The house is not yours or leased by you correct? I know this has been disussed before.
I don't see why you could not bring a legal shotgun, but then again its Jersey.FUCK BIDEN
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January 14th, 2010, 11:28 PM #3
Re: Bring Pistol into NJ as dual resident
My house here in PA isn't leased or owned by me either, it belongs to my parents . I'm still in college.
My parents own the house outright in Jersey. But yes, I'm also looking for clarification of whether I could be considered a resident or not. If not, that kinda makes my other questions moot.I am not a lawyer and nothing I say should be construed as legal advice.
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January 14th, 2010, 11:30 PM #4
Re: Bring Pistol into NJ as dual resident
I wouldnt if I were you. While you have a compelling argument, I personally wouldnt want to be the test case. If god forbid something happened and you were discovered to have it, the outcome almost certainly ends with you cuffed and tossed in the back of the cruiser for a ride to the gray bar hotel, the cops attitude being " let the judge figure it out ". Look up the case of the guy from Nevada that flew into Newark airport, on his way to PA with his declared and properly cased handgun. He got delayed over night because of the airline and when he went back the next day to catch his connector, he again declared his firearm and was subsequently arrested , tossed in an overcrowded cell with hard core animals , denied necessary medication , etc and kept incarcerated illegally for 5 days until his family could make bail. This all happened while he followed every relevant Fed transport law to the T. His criminal charges were eventually thrown out and he now has a multi million dollar civil rights suit going.
Im pretty sure NJ issues Non resident FID cards, but I have no clue how hard they are to get and can only speculate what additional level of "protection " from JBT's it would give you. Remember , crossing the river is essentially the same as crossing over from West Berlin into East Berlin during the Cold War. Your entering enemy territory, as a " foreigner " ( your out of State tags ), coming from a State that is a major source of illegal weapons to NJ criminals according to the idiots in Trenton, and entering an enclave where self defense is actively discouraged by both the Legislature and the Police. Not a confidence inspiring confluence of circumstances to be in I would think.
If your folks arent raving anti gunners , the easier, better and most likely more legal solution would be to have mom or dad purchase whatever it is you want to keep at the shore house and let them store it there. They're legal residents , pass the appropriate checks, make a legal weapons purchase and keep it at their property , all legal. If you just happen to be there and need to avail yourself of the legally bought , stored, owned and possesed weapon and have to defend yourself , then the Prosecution has a much harder case and you deprive the JBT's of the chance to jack you up on your way to and from. You said you already know you cant carry in NJ, so I would say having mom or dad make the purchase and keep it there ( obviously you knowing where it is ) would be the best and least risky way, legally speaking. And before anyone jumps to any conclusions, what Im describing is NOT a straw purchase!Last edited by son of the revolution; January 14th, 2010 at 11:41 PM.
Si vis pacem, para bellum
A fear of weapons is a sign of retarded sexual and emotional maturity. -- Sigmund Freud
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January 14th, 2010, 11:38 PM #5Grand Member
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Re: Bring Pistol into NJ as dual resident
Except Pa is a different planet.
My parents own the house outright in Jersey. But yes, I'm also looking for clarification of whether I could be considered a resident or not. If not, that kinda makes my other questions moot.
If it's the former I think you can find a way to keep a shotgun at the house.
Very effective, and IMO a better choice.
If it's the later tough shit, and join the crowd. You still won't have a lawful reason in NJ for transporting it back and forth IIRC.
You can carry a small can of OC in Jersey FWIW.FUCK BIDEN
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January 14th, 2010, 11:41 PM #6
Re: Bring Pistol into NJ as dual resident
Maybe I should have made this clearer, my parents do not live in Jersey. We all live here in PA, then go to Jersey for vacation, though sometimes I go down by myself with a few friends.
I guess my questions can be broken down as follows, while living there am I legally a resident of Jersey? If YES, is there anyway to bring my legally owned and acquired PA firearms into Jersey for the duration of my stay?
And yes, I realize Jersey cops don't know the law and I could end up in jail yadda yadda yadda. IIRC, members of this very forum have been arrested for peacefully OC'ing. So PA cops aren't perfect either.
And God's Country, if possible I would like to bring a handgun while staying there for protection.I am not a lawyer and nothing I say should be construed as legal advice.
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January 14th, 2010, 11:50 PM #7
Re: Bring Pistol into NJ as dual resident
Thanks for the correction on where everyone lives, since it does change the equation significantly. In this case IMHO its even HARDER and MORE unlikely you could do so legally. Although there is a provision in the Statute's about legally transporting from one destination to your final destination in NJ, I think you'd have a difficult time making this argument. IF the weapon in question was legal in NJ ( no high cap mags , no pistol grip shotties, etc ) and IF you had a Non Resident FID card and IF you went directly to and from the house with ZERO unnecessary stops or deviations in route you MIGHT be ok, but I still wouldnt advise it. There's a reason why everyone here preaches about staying the hell out of Jersey at all costs. And while PA Cops might not be " perfect "; after serving a 30 year sentence in this hellhole , I can tell you the vast majority of NJ cops have made an art form of ignoring civil rights , inventing crimes where none exist and generally running rough shod over the very people they purport to take and oath to " serve and protect ".
Mega Size ego's are standard issue along with the uniform over here for most of them. TBH , if I were in your shoes and you really want an accurate answer and are committed to trying to do this legally, I'd call Evan Nappen and ask him. He's universally recognized as an expert on NJ Gun and Weapon Law and will most times give you an answer over the phone for free. I cant speak for Evan of course , but the complexities of your case might mean having to pay a small , one time consult fee for him to do the digging for you, especially about the qualifications and issuing circumstances for obtaining a Non Resident FID Card , which is your first line of defense against scurrilous accusations.Last edited by son of the revolution; January 14th, 2010 at 11:57 PM.
Si vis pacem, para bellum
A fear of weapons is a sign of retarded sexual and emotional maturity. -- Sigmund Freud
Proud to be an Enemy of The State
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January 14th, 2010, 11:55 PM #8Grand Member
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Re: Bring Pistol into NJ as dual resident
Ummm have you lived in NJ? At least at point where you were old enough to recall? Jersey cops are some of the most arrogant jack booted sob's you'll ever have the displeasure of meeting....on a good day.
I can read the NJ law over and over again and be more confused than when I started.
Feel free to dig around here:
http://www.njsp.org/info/forms.html
Again I'm sure this topic has been discussed before. NJ has specific requirements to be able to have a firearm in a residence, and I don’t believe you’ll fit that description.
Plus once you cross into NJ you need to have a specific reason for transporting a handgun, much like Pa, and again I don’t believe you’ll fit the bill.
If you can get non res firearms id card you may be able to bring a legal long arm.FUCK BIDEN
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January 14th, 2010, 11:56 PM #9Super Member
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Re: Bring Pistol into NJ as dual resident
What does your driver's license say, and where do you receive your mail? Do you receive any financial aid for school? Do you file a tax return? Answer these and it will tell you were your residence is.
."The more people I meet, the more I like my dog."
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January 14th, 2010, 11:57 PM #10
Re: Bring Pistol into NJ as dual resident
Thanks for the reply. And yea, I know Jersey cops are brutal. I was a passenger with my friend one time when he was pulled over and man I felt bad for him. That woman was the biggest you know what I've ever seen. I wisely chose to keep my trap shut lol.
But yea, I was just curious. Obviously this is nothing I would even try without being 100% sure I'm legal, but I figured it couldn't hurt to askI am not a lawyer and nothing I say should be construed as legal advice.
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