Can I Be Charged if I Transport a Gun Across State Lines into New Jersey?

If you live in another state and plan to visit New Jersey, you may think nothing of bringing your guns with you, especially if your home state has lenient gun transportation and possession laws. But keep in mind that New Jersey does not.

In fact, New Jersey has some of the strictest gun laws in the country. If you already live in New Jersey, transporting firearms within the state is highly restricted and subject to various laws. Bringing a firearm into the state is considered a serious crime that can lead to significant penalties.

The main reason is that New Jersey has no reciprocity with any other state. Reciprocity is when one state chooses to honor another state’s laws or set of laws. New Jersey does not honor concealed carry permits from any other state. This means that even if you have a license or permit in your home state, New Jersey does not recognize it, making your out-of-state permit invalid within its borders.

Even if legal elsewhere, possessing a firearm without a New Jersey permit is illegal and is considered an indictable offense. It does not matter if you never used or displayed the gun. Possession alone can be enough for criminal charges. You could be arrested and face severe penalties even if you believe you are following guidelines. In fact, out-of-state gun owners are frequently arrested.

However, this does not mean you are totally out of luck. The Firearm Owners’ Protection Act (FOPA) allows you to legally transport your firearms in your vehicle while you drive. There are some requirements that need to be met.

FOPA offers limited protection, but it can protect interstate travelers only if all of the following are true:

• You are traveling from a place where you can legally possess the firearm.
• You are traveling to another place where you can legally possess it.
• The firearm is unloaded.
• The firearm is locked in a case or trunk and is not accessible from the passenger compartment.
• Ammunition is stored separately.

If you make unnecessary stops, deviate from your route, or fail to secure the firearm exactly as required, FOPA protections may not apply, and New Jersey law enforcement may still charge you.

Brief, necessary stops may be allowed under federal law, but extended or unnecessary stops can invalidate protection. This means you can stop for gas or food, but not to act as a tourist. You cannot stay in one place for too long; you need to keep your vehicle moving. Typically, New Jersey law allows you to travel directly between permitted locations (such as home, gun range, gunsmith, or place of purchase).

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Transporting a gun into New Jersey is risky unless you strictly comply with both federal and New Jersey firearm laws. Even well-intentioned gun owners can face serious criminal charges for technical violations.

If you are stopped or charged with a firearm offense, you need to speak with an attorney experienced in New Jersey firearm laws. Count on an experienced Cherry Hill criminal defense lawyer from The Law Offices of Christopher St. John to fight to protect your rights. Contact us via (856) 716-5427 or online here to schedule a consultation today.