There are more guns than people in the United States. With gun violence being a hot-button issue, responsible gun owners should always comply with their state firearm laws so that any guns they own and carry on their person are secure and safe. Many gun owners choose to have a firearm in their car so that it is close by if a need to use it arises, and even more simply take their weapon to the range for target practice. That being said, there are laws you need to follow when transporting a firearm in your car in New Jersey.
You will need a permit to transport a firearm in your car. In fact, a permit is required to own a firearm at all. Depending on the firearm you intend to transport, there are different permits that you may need and different requirements for transporting it lawfully.
If you need help, call the Law Offices of John J. Zarych at (609) 616-4956 and get a free review of your case from New Jersey our criminal defense attorneys.
Firearm Permits Needed to Transport a Gunin New Jersey
Not only do you need a permit to transport a firearm in your car in NJ, you need a permit to possess a gun, period. Under N.J.S.A. § 2C:39-5, various licenses and permits are required to possess machine guns, rifles, shotguns, handguns, “assault firearms,” or “other weapons,” and you can be charged with crimes if you possess any of these items without the appropriate permitting and licensure.
Unlike many other states, New Jersey does not issue separate permits for open carry or concealed carry of firearms. Instead, there are different permits that allow you to carry different kinds of firearms. For the most part, you will be able to get the permits and other papers you need to possess a firearm without much hassle; You just have to put in the time to get things rolling. That being said, it is always a good idea to talk to our New Jersey criminal defense attorneys if you have any concerns about the process, and especially if you think there may be anything that may make obtaining a permit to carry or a firearm purchaser identification card more difficult. In many cases, we can work through things to get you the appropriate permits, but if something comes up that was hidden or intentionally left out, that can make it very hard to get the appropriate permits to legally carry a firearm in New Jersey.
Permit to Carry a Handgun
A permit to carry a handgun (PCH) allows you to carry a handgun, concealed in a holster, in most places in New Jersey pursuant to § 2C:58-4. Holsters are required, at minimum, to securely hold the handgun, protect its body, and leave the trigger inaccessible until the weapon is drawn. Note that most weapons being transported in a vehicle must be unloaded and stored out of access when inside a vehicle in New Jersey, so there may be differences in requirements if you temporarily remove your concealed handgun from your person when you are inside your car.
Firearm Purchaser Identification
You also need a firearm purchaser identification card to own a gun in New Jersey. Under N.J.S.A. § 2C:58-3(b), this identification card is required for any purchase of a nonantique rifle, shotgun, or handgun as well as for purchases of antique cannons – although it is unlikely one of those is being transported for personal protection. You get your firearm purchaser identification card from the NJ State Police Department. There is a portal you can access online to start the application process.
New Jersey is a “shall issue” state regarding firearms licenses and purchase identifications. This means that unless you are disqualified because you are a felon or there is reason to believe you are a danger to others, the state cannot deny your request to purchase and own a firearm.
Other Requirements for Transporting Firearms in Your Car in New Jersey
In addition to having a permit, you must also take other steps to lawfully transport a firearm in your vehicle in New Jersey. NJ law takes the transportation of firearms seriously, so it is important to know what you need to do when taking your firearm from one location to another so you do not run afoul of the law.
The Firearm Must Be Unloaded
When you transport a firearm in your vehicle in NJ, the firearm cannot be loaded pursuant to N.J.S.A. § 2C:39-6(g). Even though virtually all modern firearms have a safety of some kind, there will still always be a risk – however minor – of an accidental or negligent discharge of a firearm if it is loaded. For example, if you have an unsecured, loaded handgun in your car and someone else hits your vehicle, that firearm could go flying, impact a surface, and
The Firearm Must Be Appropriately Stored
The same section also requires that your firearm is properly stored while it is being transported. The firearm must be stored inside an appropriate gun box or locked in the trunk of your car while going from place to place. Having it somewhere like a glove compartment will not be sufficient to be in compliance with the law.
Minimal Deviation in the Direction of Travel
Finally, when transporting a firearm, you can only stray from going to your destination as is “reasonably necessary.” For example, stopping to get gas while going from your house to a shooting range would be fine, but going from your house to the shooting range and stopping by your friend’s house on the way there might not be considered reasonably necessary.
Contact Our New Jersey Criminal Defense Attorneys Today
Call (609) 616-4956 to have our New Jersey criminal defense attorneys from the Law Offices of John J. Zarych look over your case today.
