There are many restrictions on the transport of firearms in New Jersey. This is probably to be expected since its handgun and long-gun laws are some of the most extreme in the nation. Failure to adhere to these limitations can result in your being charged with illegally transporting a firearm or, worse yet, unlawful possession of a weapon in NJ. Either of these charges can result in your incarceration so it is important that you obtain the best representation possible. The attorneys at the Law Offices of Jonathan F. Marshall are suited to serve you in this role with credentials that unquestionably impressive, including:
- Over 200 years of experience handling firearm charges
- 10 lawyers that limit their practices exclusively to defending the accused
- Former county prosecutors that have served as the Director of Major Crimes, the Gun Task Force, Special Operations and even an entire Trial Division
- Certified criminal trial attorneys on staff
If you were arrested for illegally transporting a handgun, shotgun, or rifle through New Jersey, a talented attorney on our team is ready to answer your questions and advise you concerning your options for avoiding a conviction. Call us at 855-450-8310 for a free consultation immediately.
New Jersey Firearm Transport Laws
The primary law governing the transport of firearms in the state is N.J.S.A. 2C:39-6g. The gist of the statute is that, absent a permit to carry, an individual may only transport a firearm under the following circumstances:
- By a licensed firearm dealer transporting firearms during the course of their business;
- An individual transporting a firearm between their dwelling and business, between their dwellings or between their dwelling or business and a firearm repair shop; or
- Transport to or from a shooting range, a hunting site, or a sponsored firearm exhibition.
The firearm must always be properly secured and stowed during transport. This means that the firearm must be “unloaded and contained in a closed and fastened case, gun box, securely tied package, or locked in the trunk of the automobile in which it is being transported”. The firearm must be unloaded and should not be accessible from the passenger compartment.
Deviations in Transport
An individual is permitted to transport a firearm in accordance with (1), (2) and (3), and during the course of deviations reasonably necessary under the circumstances. Transport that goes outside this authorized range renders possession of the firearm unlawful. Examples of stops or detours that are referenced as reasonably necessary include getting gas/fuel, stopping for food or beverages, seeking medical attention, using a restroom/bathroom, or dealing with an emergency situation.
Federal Pre-exemption for Firearms Transported Through New Jersey
Federal law allows for transport of a firearm through any state, including New Jersey, under certain limited circumstances set forth in 18 U.S.C. 926A. This law pre-empts any state law to the contrary if the following apply: (1) Possession of the firearm was legal in the state of origin; (2) Possession will be lawful in the destination of the accused; (3) Possession is with a lawful purpose; (4) The handgun, shotgun, rifle or other firearm is unloaded; (5) The firearm and ammunition are not directly accessible from the passenger compartment; (6) The possessor is not a convicted felon, fugitive from justice or someone who has been dishonorable discharged; (7) The possessor is not an illegal alien or someone who renounced citizen to the United States; and (8) The possessor has not been adjudicated or committed because of a mental disability or defect.
Penalties for Illegal Transport of a Firearm
The allowance for transportation within New Jersey represents an exemption from prosecution for an NJ unlawful possession of a handgun charge under 2C:39-5b or an offense arising out of any other section of this statute. What this means is that you are exposed to a crime of either the second or third degree by failing to adhere to the firearm transportation limitations in the state. This exposes you to 5-10 years for second-degree possession of an illegal handgun and 3-5 years for third-degree possession of an illegal shotgun or rifle.
Contact Our Accomplished Firearm Defense Lawyers For Assistance
Transporting a firearm, especially a handgun, can be treacherous for those who unknowingly violate 2C:39-6g. The reason for this statement stems from the fact that a second-degree or third-degree crime for unlawful possession of a firearm arises when the exemption does not apply. A conviction for either pedigree of 2C:39-5 offense can result in years of imprisonment. You definitely want to hire an attorney who is knowledgeable in the defense of NJ gun charges. The attorneys at the Law Offices of Jonathan F. Marshall have the attributes you need with decades of success defending firearm offenses throughout the state. We are available 24/7 to assist you at 855-450-8310 .
