The following is a video transcript.
I would like to talk to you today about traveling with firearms. I had a case not too long ago with a single mom who has two young kids. She was driving from Pennsylvania to New Jersey to go to a birthday party for her kids and was stopped for a minor traffic violation.
The mother lived in Philadelphia. She had a licensed handgun and had previously been robbed twice. She attended the right classes to purchase the gun and was told if she ever got pulled over by the police to notify them right away that she was in possession of a gun and a permit to carry. So, that is just what she did. However, in New Jersey it led immediately to her arrest.
No Reciprocity
New Jersey recognizes no other state’s carry license. She was arrested and charged with a second-degree felony-level offense. This meant she faced up to 10 years in state prison, with a minimum mandatory sentence of three and a half years, with no chance of parole.
You can’t make assumptions that simply because you are a law-abiding citizen or have your license, you are able to transport your firearm into other states. This applies to whether a firearm is loaded or unloaded, and applies differently (at times) to long arms versus handguns. Every jurisdiction has its own laws.
Federal Law
It is possible under federal law to transport unloaded firearms from one place where you can legally possess and carry a firearm, to another place where you can legally possess and carry a firearm. Then, you can travel through gun-hostile states like New Jersey, for example, because you will be protected and preempted under federal law.
However, if New Jersey is your final destination, you’ve got a problem getting the federal law to apply. You must be able to legally possess your firearm in both your starting state and your destination state.
To comply with 18 U.S.C. 926A, your travel must start and end in a state where you can lawfully possess a firearm. The firearm must be unloaded and locked in the trunk, or a locked container that is out of reach or not readily accessible from the passenger compartment. Ammunition must also be locked in the trunk or container. You must not cease “traveling” while in the firearms-hostile state. Do not stop for anything more than fuel or a restroom break.
In order to stay protected under the law, the gun(s) cannot be loaded. They need to be locked in the trunk. If you do not have a trunk that is separate from the passenger compartment, then the guns needed to be locked in a container and stored in the back of the car so as to not be readily accessible to the passengers.
If you are transporting ammunition it must be transported in the same manner as a gun and not be readily accessible to the passengers. This will put you under federal law protection. Remember, the federal law will not apply if the final destination is a state prohibiting your possession and carry altogether.
Know the Law
So, it is important to know the jurisdictional law you are traveling into. It is good to know there may be a federal law helping you in your transport, but be very careful. Many states are extremely tough on law-abiding gun owners. You do not want to end up with any problems that you could have avoided by doing your homework.
If you have any more questions regarding traveling with your firearm, contact U.S. LawShield and ask to speak to your Independent Program Attorney.
So did this mom go to jail?
Explain how New Jersey thinks it stops criminal behavior by repressive restrictions against law abiding citizens?
what were you able to do for this case? It seems terribly unfair. Maybe a federal judge would have to intervene?
Great information…what was the final outcome for the mother and kids case?
All the more reason to have a nationwide carry permit…I am an FFL holder and was put through a similar stop while traveling to South Dakota for a prairie dog hunt. All my firearms were locked in cases and in a covered bed of a pickup truck. At the time Illinois didn’t recognize Tennessee carry permits and the officer didn’t want to honor it or my FFL until he called a supervisor, who in turn instructed the officer to let me go. This just shows the lack of knowledge that many police officers have. My FFL is the only thing that saved me from arrest and confiscation of my firearms.
Did the mom go to jail?
Good to know that thanks for the info.
I am curious about what legal liability gun-hostile states like NJ might incur by doing everything they can to make it easier for bad guys and harder for good ones. For example, if a licensed concealed handgun owner from a gun-friendly state was harmed or killed in a gun-hostile state because that state required him or her to be unable to defend him or herself while there, could the gun-hostile state be sued for creating this dangerous and life-threatening situation, especially since it is a reasonably foreseeable situation?
I too would like to know what happened to the mom.
This type of nonsense is precisely why I moved out of NJ..lets not forget the crazy property taxes.
Apparently, she did NOT take the right courses, otherwise she would have known to check to see if she can bring her firearm into another state, especially a communist state like NJ.
It’s such a sad day in our country when the criminals have all the guns and the law-abiding citizens go to jail for trying to defend themselves there should be no state to state law it should be just federal law that covers the entire United States for handguns but that seems to be too simple for our government!!!
In remember this incident. She went through unnecessary hell.
What are the rules on don’t tell and no search without reasonable cause or search warrant. What states can just search your vehicle? Does a traffic stop allow for search. and if it is locked up and separate do they take it?
Shaneen Allen was incarcerated for 2 days, charged, and subsequently pardoned by Governor Chris Christie.
Do you have a list of non recip States?
Citizens of New Jersey voted for state government officials who have made such insanely rules.
I wish all of those, who supported such law will be robbed or beaten by armed criminals.
It will be a good lesson for them.
Unfortunately, all high officials of New Jersey protected by armed security.
This is why we live in Oklahoma instead of New Jersey. Here, if you’re a law-abiding citizen and not packing, we will probably loan you one.
This mother was lucky as New Jersey had a rational governor ( Chris Christie) that gave her a pardon. Since then, things are much worse, and we have a rubber stamp for a governor. Anything that hits Murphy’s desk is signed constitutional or not. Your best bet is to ship the firearms to your destination if you are traveling through New Jersey. The Second Amendment doesn’t exist once, you hit the New Jersy border. Every year it gets worse, New Jersey is a frontrunner, #1 on the worst list, and Last on every good list.
Here’s how New Jersey “thinks” that: Seventy-five percent of traceable guns recovered by authorities in New Jersey are purchased in states with weaker gun laws. The firearms trace data were compiled by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives between 2012 and 2016. Pennsylvania has been the No. 1 source of out-of-state guns recovered in New Jersey each year for the past decade, according to the ATF data. More than four of every five “crime guns” recovered in New Jersey come from outside its borders.
Governor Christie pardoned her. Here’s a link to the newspaper article:
https://www.inquirer.com/philly/news/new_jersey/20150403_Christie_pardons_Phila__mom_snagged_by_N_J__gun_law.html
Know the law before you go. California, Oregon, Illinois, New York, Massachusetts, Rhode Island, Connecticut, New Jersey, Maryland, DC, Hawaii, Guam, Virgin Islands and Puerto Rico don’t recognize any other state, or territory’s, concealed permit/license. Minnesota recognizes some state’s permit, but not others.
You’d think that if this woman had “taken all of the classes” she would have known that her permit was not valid in New Jersey.
It’s not enough to take a class, strap a gun on, and go running around like you know what you’re doing. And, don’t think you’re gonna slip through. Cameras are everywhere! They read your license plate and check your registration. Then, they stop you and ask where your gun is.
I’m disappointed to not know the outcome. I’m praying they gave this woman a break.