How To Safely and Legally Bring A Firearm or Gun Into Or Through New Jersey

You may have noticed a lot of media attention to individuals from out of state being arrested and charged with the possession of a firearm while visiting or passing through New Jersey. What people forget sometimes is that just because your state allows you a permit to have or carry a firearm, now not mean that New Jersey gives you the same right. New Jersey understands that your state gave you this benefit, but that is for you to have the weapon in your own state. If you want to bring that gun with you on a trip while travelling to New Jersey or travelling through New Jersey to get elsewhere, there are set guidelines you need to follow in order to avoid have a criminal charge against you.

The New Jersey State Police have set specific guidelines, as set out below, to assist individuals on how to properly transport a firearm through the state. If you are from out of state, please make sure you review these guidelines and follow them word for word. There is nothing worse for me than receiving a telephone call from an out of state client stating that they had their weapon under the passenger seat of the car and are now charged with possession of a weapon in New Jersey. New Jersey is VERY strict with its gun laws. One false move could mean mandatory jail time and a criminal record, unless you have an experienced firearm attorney, such as Kristy L. Bruce, Esquire, representing you. 

Transporting A Firearm Or Gun Into New Jersey:

All firearms transported into the State of New Jersey:
  • 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. 
  • The firearm should not be directly accessible from the passenger compartment of the vehicle. If the vehicle doe snot 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.

Transporting A Firearm Or Gun Through New Jersey:

The New Jersey State Police created the following guidelines to assist law enforcement officers in applying New Jersey's firearms laws to persons who are transporting firearms through the State of New Jersey.
  1. New Jersey laws governing firearms permits, purchaser identification cards, registration and licenses do not apply to a person who is transporting the firearm through this State if that person is transporting the firearm in a manner permitted by federal law, 18 U.S.C.A. 926A.
  2. A person who is transporting a firearm though the State of New Jersey in the manner permitted by person's possession 18 U.S.C.A. 926A, need not give notice.
  3. 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 lawful purpose;
              d. the firearm is unloaded;
              e. the firearm is not directly accessible from the passenger compartment of the vehicle;
              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 a convicted felon, a fugitive from justice an addict or unlawful user of drugs, or an illegal alien;
              i. the person has not been adjudicated to be a mental defective, been committed to a mental institution, been dishonorably discharged from the armed forces, or renounced his United States Citizenship.

Procedures For Investigating Conduct Involving Possession Or Transportation Of Firearms:

  1. An officer who reasonably suspects that a person is transporting a firearm in violation of New Jersey law should make reasonable inquiries in order to confirm or dispel that suspicion.
  2. In a case where circumstances reasonably indicate that the person's possession and transportation of the firearms my be permitted by 18 U.S.C.A. 926A, the officer should make reasonable inquiries in order to determine whether the person's possession is permitted by that federal law.
  3. If reasonable inquiries lead an officer to conclude that the person's possession is lawful under either New Jersey law or 18 U.S.C.A. 926A, as described above in Section II, the officer should promptly allow the person to proceed.
  4. Whenever an officer has probable cause to believe that a person's possession of a firearm is in violation of New Jersey law and not permitted by 18 U.S.C.A. 926A, as described above in Section II, then the officer should make an arrest.

Will I Serve Jail Time For A Weapon Charge?

The gun laws in New Jersey are not kind. In fact, a lot of individuals serve mandatory jail time as a result of possessing a firearm without a proper permit. The source of this harsh sentence is the Graves Act, N.J.S.A. 2C:43-6(c) that mandates a minimum jail term to be served with parole ineligibility for certain gun related offenses, such as:
  • unlawful possession of a machine gun, handgun, rifle or shotgun - N.J.S.A. 2C:5(a), (b) or (c)
  • possession of a sawed off shotgun or defaced firearm - N.J.S.A. 2C:39-3(b) or (d)
  • possession of a firearm while in the course of committing a drug distribution or possession with intent to distribute charge - N.J.S.A. 2C:39:4.1(a)
  • violations of rules on those who were banned from possession firearms

If you are found guilty of any of the charges listed above, you will have to serve at least one-third to one-half of your prison term and you will not be eligible for parole. For example, a person convicted under the Graves Act offense of Unlawful Possession of a Handgun is a crime of the second degree and will be sentenced between 5-10 years in New Jersey State Prison with a mandatory period of parole ineligibility of between 3 and 5 years.

However, there is always a light at the end of the tunnel. If you hire a lawyer that is experienced at handling weapon charges in New Jersey, like Kristy L. Bruce, Esquire of our office, there is hope. Prosecutor's often withhold their consent to a defendant entering the Pre-Trial Intervention Program unless extraordinary and compelling circumstances are present. Kristy L. Bruce, Esquire has successfully argued clients into the PTI program, sparing them the harsh mandatory jail sentence and stigma of having a conviction on their record. 

What Do I Do If I Get Caught With A Firearm And I have An Out Of State Permit?

You hire our law firm to defend you against your weapon charge in Mercer County, Middlesex County, or Burlington County.  We know you are worried about jail. I would be too if I were facing mandatory jail time.  We will walk you through each step and fight for you as if you were our own brother or sister.  You are not the first person we have defended against this charge.  You will not be the last.  We are experienced lawyers who get the job done right!
For more information, visit the New Jersey State Police website: