what makes open carry a crime in NJ?

[DanNabis]

What laws make open carry in public criminal in NJ?
Is open carry a crime in NJ?

I hear much about our restrictive laws but haven't found what makes it a crime here.

 

[Grapeshot]

What laws make open carry in public criminal in NJ?
Is open carry a crime in NJ?

I hear much about our restrictive laws but haven't found what makes it a crime here.

One must obtain a carry permit to either CC or OC - there is no separate OC law.
http://www.opencarry.org/?page_id=276

There is a case pending before the state Supreme Court that could change some of the interpertations.
http://www.nj.com/politics/index.ssf/2013/08/nj_handgun_law_heads_to_states_top_court.html

http://townhall.com/tipsheet/keving...-law-under-fire-from-19-other-states-n1794200

 

[DanNabis]

I've read the page here on oc.org but I feel something is missing
so OC is a crime because of requiring permits?
(The permit I've seen tales of and paperwork for is labelled as CCW. And they're nonexistent.)


That doesn't seem like enough to prohibit OC.
Permits are a joke IMO. Maybe ok for CC maybe.. but certainly not for OC.

so it seems like abuse by the legislators and legal system to me. I'll have to try to find and read more law on this...

 

[DanNabis]

"Though I can find no NJ statute that makes open carry illegal New Jersey is a May Issue state."

Taken from handgunlaw.us

 

[DanNabis]

NJ constitution article 1:



"1.All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness."

the right to safety and to defend yourself and protect property and to liberty is the right to carry a gun in public and at home.

also 2A overrides NJ law infringing on natural rights.


I don't understand how this is only in theory and not in practice.
I don't see any legal justification for NJ draconian infringements..

 

[Grapeshot]

I've read the page here on oc.org but I feel something is missing
so OC is a crime because of requiring permits?
(The permit I've seen tales of and paperwork for is labelled as CCW. And they're nonexistent.)

That doesn't seem like enough to prohibit OC.
Permits are a joke IMO. Maybe ok for CC maybe.. but certainly not for OC.

so it seems like abuse by the legislators and legal system to me. I'll have to try to find and read more law on this...

"Though I can find no NJ statute that makes open carry illegal New Jersey is a May Issue state."

Taken from handgunlaw.us

Reread post #2.

OC is not illegal, but a permission slip/permit is required to do so.

The permit does not restrict one to only concealed carry.

 

[skidmark]

As I understand it (and see Grapeshot's post for the citations) possession of a valid carry permit is an affirmative defense to the crime of carrying either openly or concealed. Which brings us to an answer to the OP's question -

the affirmative defense @ http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=37177304&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={166A}&softpage=Doc_Frame_PG42

the crime of carrying without a carry permit @ http://www.state.nj.us/njsp/info/pdf/firearms/njac-title13-ch54.pdf specifically 13:54-2.2

stay safe.

 

[psmith010185]

Reread post #2.

OC is not illegal, but a permission slip/permit is required to do so.

The permit does not restrict one to only concealed carry.

It is legal for a non-CC-permitted person to travel by car with a firearm to place of business, range, or hunting lands, as long as weapon is unloaded and ammo is separated from it.

What if you don't have a car though? If general open carry is illegal would it also be illegal to travel to the aforementioned legal destinations, but by foot, bicycle, etc.?

Seems unlikely that the law would hold that you must use an automobile to transport a firearm to a legal destination (home, workplace, range, hunting). Not that I plan on OCing in NJ since whatever the law is, it would not be a smart idea given potential police response.

Nevermind: I'd guess the rule is that if traveling by foot, like in a car, the gun must be in a case and unloaded, and ammo in separate case, which certainly doesn't qualify as OC.

 

[psmith010185]

Welcome to OCDO. Your thread is 3 1/2 years dead. Start a new one.

Thanks; it's about the most general topic there is though (and thus is not sensitive to time), and people may benefit from information already posted.

 

[solus]

psmith010185, welcome, but pretend this very public handgun forum is not part of the 'closed circuit', in which you "professed to have long believed in", as such we acknowledge liberty and free speech principles and to the best of my knowledge no member is 'on the circuit' which confuses me on your sudden self serving query regarding firearm carry?

PS: BTW, are you "truly 100.00% sure the earth is round..." as this individual believes the earth is in fact flat or or perhaps as you quoted" ...alternatively hollow with another alien civilization, dark/demonic beings, living inside the earth's shell... unquote.

me thinks, you might wish to quit "opening doors to knowledge and perception to expanding your mind " as i truly believe you might have fallen victim to "possession by dark spirits."

PPS: TPS still denies he is "shadow-banning you from making non-personal, non-spam comments on his channel"...

 

[gutshot II]

Welcome to OCDO. Your thread is 3 1/2 years dead. Start a new one.

Thanks; it's about the most general topic there is though (and thus is not sensitive to time), and people may benefit from information already posted.

I think that Nightmare's reply was meant as advice on how to best get the most numerous and the most reliable responses, not as a judgment on your post's appropriatness. Most people will not respond to a long dead thread. I am one of those. It is a sin to disturb the dead. Starting a new thread will not change the availability of the information here on this one and if a person wants to ask a question that has already been answered, it can be answered again. The newer answer may have changed or the new answer may be more accurate than the one from 3 years ago.

 

[color of law]

I think that Nightmare's reply was meant as advice on how to best get the most numerous and the most reliable responses, not as a judgment on your post's appropriatness. Most people will not respond to a long dead thread. I am one of those. It is a sin to disturb the dead. Starting a new thread will not change the availability of the information here on this one and if a person wants to ask a question that has already been answered, it can be answered again. The newer answer may have changed or the new answer may be more accurate than the one from 3 years ago.

This is a public announcement. Brought to you by the AD council.

 

[solus]

This is a public announcement. Brought to you by the AD council.

Don't ya need to add: "public service" :exclaim:

(ya gutshot "part a deux", i've been here quite awhile also but i won't state, w/o tongue in cheek, that is what nightmare meant)

 

[gutshot II]

Don't ya need to add: "public service" :exclaim:

(ya gutshot "part a deux", i've been here quite awhile also but i won't state, w/o tongue in cheek, that is what nightmare meant)

What ever do you mean? Of course it is. What else could it be?

 

[solus]

What ever do you mean? Of course it is. What else could it be?