I was stationed in Germany when I was in the US Army. I lived in Connecticut during college. At both places I legally purchased a handgun. When I moved to New York, I left my handguns with the local police station in Brooklyn. It's been almost 10 years and I've since moved to New Jersey and I've obtained a NJ Firearms Purchaser card and a pistol purchase permit. I understand there are concerns when transporting guns through NY and NYC. What must I do to avoid legal trouble and transport those guns into New Jersey?
NJ laws governing firearms permits, purchaser I.D.s, registration and licenses do not apply to a person who is transporting a firearm through NJ if that person is transporting the firearm in a manner permitted by federal law, 18 U.S.C. 926A. this federal law permitting interstate transportation of a firearm applies only if ALL of the following requirements are met:
a. The person’s possession of the firearm was lawful in the state in which the journey began;
b. The person’s possession of the firearm will be lawful in the state in which the journey will end;
c. The person is transporting the firearm for a lawful purpose;
d. The firearm is unloaded;
e. The firearm is not directly accessible for the passenger compartment;
f. The ammunition is not directly accessible from the passenger compartment of the vehicle;
g. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle’s glove compartment or console;
h. The Person is not:
1. a convicted felon
2. a fugitive from justice
3. an illegal alien
i. The person has not
1. been adjudicated to be a mental defective
2. been committed to a mental institution
3. been dishonorably discharged from the armed forces, or
4. renounced his U.S. Citizenship
A person who is transporting a firearm through the state of NJ in the manner permitted by 18 U.S.C. 926A, need not give notice.
Legal disclaimer: This answer does not create an attorney-client relationship and is based only on the limited information provided in the question.
As I understand the question, you're actually asking about New York law on transporting firearms through the state to New Jersey. In most cases, you can transport firearms while moving by keeping them unloaded (disassembled is even better) in a locked case in the trunk of the car, though you should consult someone in New York regarding their law (or call the police department before you pick the weapons up). That would be the law for the New Jersey portion of your trip. NJSA 2C:39-6. It is legal for you to bring your legally purchased firearms from when you were a resident of another state into New Jersey when you move here, provided you meet all the other eligibility criteria for firearm ownership.
Law Office of Keith S. Massey Jr. LLC, Lakewood, New Jersey. (732) 905-0353. http://www.masseydefense.com Answers provided for informational purposes only. None of the information contained herein is intended to create, nor creates, an attorney-client relationship, is not legal advice, and should not be used without first consulting an attorney.
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