Travel in NJ and MD

[jyork08854]

Planning a trip to PA , traveling through MD with a stop in NJ to meet friends for dinner along the way. After carrying for a year, not sure if I should even have my Shield unloaded and locked up while traveling in these states. Unsure as how to legally travel in these "gun unfriendly states."
I do have a non-resident PA permit so I'm comfortable in PA and all other states I will be in. Do I need to leave my Shield in SC for this trip? Not comfortable on a road trip unarmed.

 

[Tyrod]

Even though federal laws are in the travelers favor for unloaded travel through states, it would seem NJ has some draconian practices when it comes to firearms possession while traveling through their state. I know if you're gun is confiscated, you'll play heck trying to get it back. It's often just simpler to abandon the gun rather than getting a lawyer to get it back. MD is another matter, it's been quite a few years since I was there, so I don't know what their practices are.

If it were me, I'd pick another route or simply fly.

 

[GeoJelly]

I strongly recommend that you do not carry any type of firearm thru Maryland. From what I have seen and heard, they have obtained vehicle registration/license plate data from other states - and they know which plates match up to concealed carry permits. The most recent example I saw involved someone from Florida. If you were a criminal - you'd have all kinds of protections in MD - not so much as a law-abiding citizen ...

 

[bigwheelzip]

I regularly drive from SC through the NE states. I leave my carry at home if traveling beyond VA. If I remember right, there is an additional penalty in NJ for hollow point ammo.

 

[rperillo05]

I regularly drive from SC through the NE states. I leave my carry at home if traveling beyond VA. If I remember right, there is an additional penalty in NJ for hollow point ammo.

I am originally from NJ when I lived there my roommates boyfriend was a cop and was on investigation assignment with the prosecutors office. He told me they can prosecute per bullet with 1-5 years. But that is having it in an illegal manner like loaded in a firearm found on you that you are carrying illegally. They treat each bullet as if it is it's own weapons charge. Supposedly you can own it and keep it on your property but can only use it for hunting and target shooting where legal for use. Now travel to such places you have to be able to prove that you are directly going to and from such events. So in other words don't have hollow point ammunition in NJ. There is some code about owning and traveling with it on the state police website but I wouldn't bother. Traveling with legal ammo and firearms is a chore in itself. Everything must be unloaded and locked up separately with no access from the passenger compartment. If you don't have a trunk ammo and weapons must be individually locked up without easy access. I didn't when I lived there it wasn't worth the risk I had expanding FMJ's, which are probably treated the same way by now. You can barely defend yourself in that state. If you used it in a self defense situation I could almost guarantee that would be used against you and that's after you proven self defense to begin with. I left 7 years ago and will never live there again. Don't even talk about chp's they are non existent, pretty much only retired LEO's file for and receive them. If you have a firearm and ammo I would drive around NJ. And I heard MD is getting just as bad in the recent years. When I travel to visit family there I unfortunately leave everything at home.

A person I know is from SC but a welder in the union and is currently working in MD. He brought his XDs with him and just leaves it loaded in his car. I told him he's a dumbass waiting for trouble...

 

[MetalMan]

What about this?

Transporting Firearms in Maryland

Can I legally transport firearms interstate? MD State Police

"Yes, under Title 18, Section 926A, of the United States Code, a person who is not prohibited from possessing, 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 place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment. In the case the vehicle does not have a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked compartment other than the glove compartment or console." _______________________

 

[rperillo05]

What about this?

Transporting Firearms in Maryland

Can I legally transport firearms interstate? MD State Police

"Yes, under Title 18, Section 926A, of the United States Code, a person who is not prohibited from possessing, 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 place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment. In the case the vehicle does not have a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked compartment other than the glove compartment or console." _______________________

That's pretty much how NJ reads as well. They make it inaccessible for you to use in a defense situation anyway that it mine as well not even be there unless you are absolutely just driving through the states to get somewhere else. And if that's the case unless you were moving I would bring a firearm and buy ammo when you get to where you are staying.

 

[MetalMan]

And for New Jersey

Transporting firearms through the state

The guide, the state police says, is to assist law enforcement officers in applying New Jersey's firearms laws to persons who are transporting firearms through New Jersey.

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.      
A person who is transporting a firearm though New Jersey in the manner permitted by 18 U.S.C.A. 926A, need not give notice.

This federal law permitting interstate transportation of a firearm applies only if all of the following requirements are met:

The person's possession of the firearm was lawful in the state in which the journey began;
The person's possession of the firearm will be lawful in the state in which the journey will end;
The person is transporting the firearm for lawful purpose
The firearm is unloaded
The firearm is not directly accessible from the passenger compartment of the vehicle
The ammunition is not directly accessible from the passenger compartment of the vehicle
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;
The person is not
1. a convicted felon
2. a fugitive from justice an addict or unlawful user of drugs, or
an illegal alien
3. The person has not
a. been adjudicated to be a mental defective
b. been committed to a mental institution
c. been dishonorably discharged from the armed forces, or
d. renounced his United States Citizenship

 

[MetalMan]

That's pretty much how NJ reads as well. They make it inaccessible for you to use in a defense situation anyway that it mine as well not even be there unless you are absolutely just driving through the states to get somewhere else. And if that's the case unless you were moving I would bring a firearm and buy ammo when you get to where you are staying.

I live in Ohio and travel 4-6x/year to CT by car. I have Ohio Resident and CT Non-Resident permits.

Depending on my route, I travel through PA and NY to CT or WV though MD, PA, and NY into CT.

On the first route, I usually stop at the PA/NY line, unload my handgun and lock both gun and ammunition in the trunk. Same deal at the WV/MD border. Gun and ammunition generally remain there until I stop in CT where I am, once again, legal.

A "PIA", but better than losing my licenses and privileges but I always feel a bit naked and unprotected during these transitions.

 

[captainjohnsofd]

There is no provision for a non-resident to possess a firearm of any kind in New Jersey. Law Enforcement personnel have also run into trouble carrying in NJ as a non-resident. Even being found not guilty of a gun violation can be very expensive and tie consuming. In a word, DON'T carry/transport as a non-resident in New Jersey.

 

[oneounceload]

Most of this paranoia is unfounded. FOPA does protect you from travelling from one good state to another. I don't understand where all of these fears come from that seem to indicate that both MD and NJ will have a major roadblock just to stop and dismantle your car looking for a spent .22 casing so you can spend life in Rahway prison. Don't throw your empty beer bottles out the window at the cop sitting by the side of the road or decide that that is the time to wind out your new BMW to see how fast it can go. Drive normal, obey the laws, enjoy your vacation. And do yourself a favor - don't drive in the stupid Interstate - the scenery is so much prettier (and the cops fewer) on all those lovely back country highways and byways.

 

[old tanker]

I strongly recommend that you do not carry any type of firearm thru Maryland. From what I have seen and heard, they have obtained vehicle registration/license plate data from other states - and they know which plates match up to concealed carry permits. The most recent example I saw involved someone from Florida. If you were a criminal - you'd have all kinds of protections in MD - not so much as a law-abiding citizen ...

Under provisions of the misnamed Firearms Owners Protection Act such abuses were supposed to end, but the Port Authority goons for New York, New Jersey and Boston still demand airline manifests looking for passengers with declared firearms. That state cops are using CCW data for out of state travelers for revenue enhancement opportunities does not surprise me.

 

[ScaryWoody]

Great case study on why we need National CCW. These liberal states prey on the law abiding. Using the law abiding data against you, really? That is low. Meanwhile, the illegals and thugs just drive through, no data on them. It's sickening.

 

[jyork08854]

Thank you for all the input. You have confirmed my concerns. I usually travel to the Pittsburgh area through WV and my CWP permits are good for the entire route. But on this trip through MD and NJ to Eastern PA misters Smith & Wesson will remain in my safe in SC.

 

[BigDog48]

I strongly recommend that you do not carry any type of firearm thru Maryland. From what I have seen and heard, they have obtained vehicle registration/license plate data from other states - and they know which plates match up to concealed carry permits. The most recent example I saw involved someone from Florida. If you were a criminal - you'd have all kinds of protections in MD - not so much as a law-abiding citizen ...

I live in NC and have lots of family in MD. MD law is that if you are passing through (and not spending the night) you can transport a handgun in a locked case in the trunk, with ammo (and I assume unloaded mags) in another locked case separate from the handgun. However, I'm with GeoJelly and take no chances, first because I'm spending the night, but second because it would depend on the officer and the locale how much you got hassled and how it wound up. I leave mine home. I suggest you do the same.

Of course every bad guy in MD is carrying illegally.

 

[lrrifleman]

May I add my two cents? I have gleened the following from the US Law Shield seminars that I have gone to, and conducted by Evan Nappen, the pre-eminent gun law attorney in the state, and the lead attorney that you get if you need a US Law Shield attorney in NJ!

1. Never travel in NJ with loaded magazines.
2. Never travel with anything remotely in view that is gun related that could give a cop probable cause for a search.
3. Any firearm charge is a felony, with a mandated minimum of 2.5 years in prison before parole/probation eligibility.
4. Any accessory charge (a mere hollow point bullet) is a felony, with a minimum mandated prison sentence of 1.5 years, before parole/probation eligibility.
5. Traveling through the state is generally not a problem if you don't get stopped.
6. If you enter the state, then exit the state without going to a match, gun shop, etc, you are in a very dangerous gray area. If I am returning from a match or gun shop, I could probably get away with a bathroom stop, but running erands with a properly secured firearm in your car can put you in jeopardy.

 

[Arik]

Don't bring anything to NJ. It's not worth the hassle. If you make any stops you're no longer "driving through". Even NJ residents can't stop anywhere between home and range. No gas stations, no bathroom breaks and definitely no lunch.

Aside from that they even prosecute antique guns. Not long ago a NJ man was arrested for having a 17th century pistol in his glove box. He is a collector and the gun was not loaded. Cops were going to let him go but the ADA wanted to prosecute despite the pistol not being considered a firearm by the ATF. Charges were eventually dropped but not after him being arrested and hiring a lawyer

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[Arik]

Great case study on why we need National CCW. These liberal states prey on the law abiding. Using the law abiding data against you, really? That is low. Meanwhile, the illegals and thugs just drive through, no data on them. It's sickening.

Sure, so they can make everyone like NJ or similar? You think NJ or NY will want you coming in with double stack mags and hollow points?. They will fight it and will definitely want their say in what's acceptable in their state

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[jyork08854]

Everyone has confirmed my concerns over this trip. I can carry all over most of the South and Midwest. Happy I no longer live in the Northeast.

 

[Arik]

Most of this paranoia is unfounded. FOPA does protect you from travelling from one good state to another. I don't understand where all of these fears come from that seem to indicate that both MD and NJ will have a major roadblock just to stop and dismantle your car looking for a spent .22 casing so you can spend life in Rahway prison. Don't throw your empty beer bottles out the window at the cop sitting by the side of the road or decide that that is the time to wind out your new BMW to see how fast it can go. Drive normal, obey the laws, enjoy your vacation. And do yourself a favor - don't drive in the stupid Interstate - the scenery is so much prettier (and the cops fewer) on all those lovely back country highways and byways.

Traveling in NJ means just that. Passing through. NO STOPPING, no overnight, no bathroom, no food. So if you stop to visit friends or take a leak you're now braking the law. Plenty of people have been arrested for it.

New Jersey: Court Upholds Man Arrested For Visible Gun Case In Car

Ex police officer moving from Maine to Taxes.
"A jury acquitted him of the charges for possession of the "assault firearms" and handgun possession but convicted him in absentia of illegal possession of hollow-point bullets, shotguns, rifles and a high-capacity magazine. He was apprehended in Texas and extradited to New Jersey"

Here is what the Association of Rifle and Pistol Clubs of NJ has to say about FOPA

Traveling with Firearms - Association of New Jersey Rifle and Pistol Clubs

"Some courts have held that the travel must be relatively prompt and direct in order for FOPA to apply, without undue delay in the course of travel other than as reasonably necessary.

FOPA's existence does not mean that local law enforcement will necessarily disregard local laws prohibiting possession and transportation of firearms. Many local police are not even aware of FOPA's existence (it's a good idea to have a copy of the law with you). In states like New Jersey, nonresidents with firearms are regularly arrested and prosecuted for local law violations. When the matter is finally sorted out in court, FOPA (if properly complied with) will be an absolute defense, but that is little consolation when an otherwise law-abiding citizen is arrested and imprisoned pending a hearing."

You said obey the law and you won't get pulled over? Here's a 72 year old man pulled over because he was driving through a high crime area.

NJ man won't be charged for possessing antique gun - NY Daily News



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