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Do these laws keep us safe? No. If the only ones who carry guns are the police and criminals, the good guys are outnumbered.
I wish that New Jersey were a gun friendly and carry friendly state. The way that things now stand, someone can illegally purchase a weapon and hold up a convenience store and the guy doesn't even have to look over his shoulder... because he can (almost) count on the fact that no one else in the place is armed. I don't see that as a plus.
Additionally, carjackings, street robberies and aggravated assault (including muggings) are way up. Debate why - the economy? But the public in New Jersey is largely hamstrung from protecting itself because of these ridiculous and, in my opinion, unconstitutional laws on firearms.
I completely agree with criminal background checks, waiting periods, mandatory classes, perhaps even a credit check, but simply outlawing CCW in New Jersey is an outrage that should not be tolerated. This is what happens when an extreme-left, urban machine runs an entire state: we all pay for the stupidity of their constituents.
The muggings and jacking haven't yet hit my neighborhood, but I'm sure that it's just a matter of time. People do what they need to or are able to do .Times are hard and many are desperate. I know that there are a few retired military guys and a reservist in my neighborhood. One of them is a marksman with many awards. He can't carry? Give me a break!
He was arrested and had his guns confiscated, spent a few days at county lockup, eventually had the charges dropped but still had to go through all that.
He lost the civil case on appeal with the Third Circuit Court. The quality of the legal representation didn't help.
i dont understand what happened in this instance? he is in jail for 7 years for guns he owns legally? it does not sound like he ever got the permit in NJ after bringing them in from colorado.
there is nothing in the article that says he ever got the proper permit for the guns in nj. it sounds like the issue of "moving" is moot because he was already situated in NJ (from colorado) and had never gotten his permit. it sounds like if he had permitted the guns in nj and was moving then it would have been ok except for bullets.
I forget exactly where I read it now, but he did go through the proper permitting process here in NJ. He had the guns in his car as he was moving from SJ to Hoboken.
By state law you don't need a permit of any kind to transport a gun from out of state to your new home in New Jersey. Or to move guns from your mom's house to your new house in Hoboken. Brian called the NJ state police and they told him to lock the guns in his trunk and keep the ammo in a separate box and he would be exempt from prosecution as the guns were legally purchased in Colorado and he was OK as long as he could prove he was moving stuff between homes here in NJ or from out of state.
As to how long Brian was here in New Jersey---what does that have to do with anything? He has the right to move locked up guns ten times a day from his mom's to his apartment as long he is "moving" and the guns are secure. I also have a right to go to the gun range as many times as I want to. Just because I went last week doesn't mean I can't have guns in my trunk today.
The cop on the scene testified Brian's car was full of a load of stuff he was moving to Hoboken. He was actually on his way to Hoboken from his mom's with that load when the cops called him back to his mom's house and ultimately searched his trunk.
The whole thing started when his mom was worried Brian was having mental trauma as Brian's wife was divorcing him. Mom was a NJ social worker who trusted to call the cops to look over anybody in a bad state of mind. She had no idea what was about to happen. The cops initially checked out Brian at her house and found him in reasonable state of mind, if upset about his wife and kid.
Then they dug into his trunk and found his guns. NJ cops are taught to arrest you first, throw you in jail and let you defend yourself later in front of a jury. Guilty until proven innocent! Look it up. It is the law in New Jersey as how they treat law abiding gun owners. It happens all the time in this god forsaken state. His mom is horrified her mistake will now cost her son seven years in jail.
Brian was completely "legal" under even the strictest reading of any New Jersey laws. And remember this is a law abiding small business owner and dad. Not a crook. Not a mark on his record prior to this. Nothing. The cops busted him because that is what New Jersey cops do. First they get a reason to stop you for something, then they dig at you until you can be found guilty of a felony somehow. They are not your friend.
And by the way under state law you only need new paperwork for new guns purchased in New Jersey. You don't need paperwork for old guns you owned legally in another state and have brought with you. You just need to have them locked in your trunk and separated from the ammunition---hahahahahahahahaha---NOT!
The judge refused his "exemption under the moving rules." Because he felt like it. The judge wouldn't even let the jury know Brian was asking for an exemption. He wouldn't let the jury know anything about the law. He fed the jury the rules about being guilty but wouldn't let them know Brian was entitled to an exemption. The judge decided "this guy had guns and he is going to jail!"
He problem was he didn't bother to hire a good lawyer. Now he sits for years.
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cops busted him because that is what New Jersey cops do.
You seem to forget the jury was the one that convicted him.
Then you have..
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2C:39-5c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.
The FIOA no longer applies. He must be legal at both ends of the journey. I have heard there was high cap. magazines involved. Seems that the theory he was "moving" wasn't bought by the jury. Hench, get a better attorney.
It sounded to me like he already lived in NJ and was moving from within NJ to another place within NJ, and that he did not have a NJ permit or fire arms ID, whatever it is called.
If you move to New Jersey you may transport your legally owned gun to your new home/residence
Not quite that simple. The FOIA has restrictions. One being you are legal at both ends of the journey. He lost the coverage of this act when he arrived. At that point he was subject to all NJ statutes.
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