- 7. Traveling
- 7.1 Traveling within NJ
- 7.2 Traveling through NJ
- Resources
UNDER CONSTRUCTION
pending incorporation:
7. Traveling
7.1 Traveling within NJ
Restrictions on the transport of firearms within New Jersey:
- Firearms are to be unloaded and securely fastened within their case or locked in the trunk of the vehicle in which they’re being transported inaccessible from the passenger compartment.
- A firearm may only be transported within the state while in transit between two or more places where a firearm may be legally possessed. Such places include the place of purchase or sale of the firearm, a firearms range, the firearm owner’s dwelling, a place of hunting, or a firearms exhibition or display.
- While in transport of firearms between two or more of the places previously mentioned the driver of the vehicle in which they’re being transported may only make reasonably necessary deviations from their route.
The term “reasonable necessary deviation” is highly subjective, so much so that in April of 2016 the New Jersey Attorney General wrote an official letter clarifying the term. The letter states that reasonably necessary deviations include collecting and discharging passengers, collecting fuel, food, beverages, medication, and other needed supplies (ammunition would most likely be included as a “necessary supply” provided the firearm is being transported to a place where the owner intends to fire it), stopping to use a restroom, or contending with an emergency situation. Please note that this letter is not official law, only guidelines for law enforcement and prosecutors, and has yet to be tested in court. The attorney general may also reveres their position at any time.
7.2 Traveling through NJ
If you are an out of state resident traveling through New Jersey with firearms you are shielded from local New Jersey firearms laws, including the NJ assault weapons ban, by the Safe Passage clause of the Firearm Owners Protection Act (FOPA). However, there are several restrictions within FOPA one should take into consideration to assure they remain under the protection of federal law.
Restrictions a person with firearms traveling through NJ must follow to remain under the protection of FOPA:
- Firearms must be unloaded and locked securely in their case or in the the trunk of the vehicle inaccessible from the passenger compartment.
- Individuals may not make extended stops within the state (eg. lodging overnight). Only necessary stops (such as acquiring food, gas, beverages, or the use of restrooms) are permitted.
- The Safe Passage clause of FOPA only protects individuals transporting firearms. Firearms accessories such as magazines, are still subject to local laws. As such it is illegal to travel through New Jersey with any magazine with a capacity greater that 10 rounds.
- The Safe Passage clause of FOPA does not apply to air travelers. Flying into NJ with restricted firearms, even if your intent is to immediately leave the state, is illegal.
Resources
TITLE 13. LAW AND PUBLIC SAFETY CHAPTER 54. FIREARMS AND WEAPONS: the law, as written, in regards to firearms and weapons in New Jersey.
Transporting a Firearm Into / Through the State of New Jersey: Information about traveling in New Jersey with firearms as provided by the New Jersey State Police.
18 U.S. Code § 926A – Interstate transportation of firearms: The section of FOPA relevant to the interstate transportation of firearms as provided by the Cornell University Law School.
A Guideline On The Reasonably Necessary Deviations In The Course Of Travel Exception For Transporting Firearms In New Jersey: The official letter clarifying the term “reasonably necessary deviation” in New Jersey law in regards to the transport of firearms provided by the State Attorney General’s Office.