:qz: Just ran across this article about a teacher in New Jersey who had a 200 + year old flintlock pistol in his car and got arrested for it. I guess that New Jersey never read the ATF ruling that says "No municipality or state may or shall enact any restrictions on antique or reproduction muzzle loaders." And I thought the rules were tough out here. To think that in high school we used to be able to buy black powder at Longs, (Now CVS) and now there is not one store in the state that sells it over the counter. (As far as I know and according to the obtuse ATF inspecting agent I have been dealing with for the last 2 years or so.) But as bad as it is, CA is not near as tough as NJ. I just hope one of our useless lawmakers doesn't read this article and get some crazy idea to do that here.
Here is the link to the article on the FOX news website:
http://www.foxnews.com/us/2015/02/18/flintlock-from-1700s-could-land-elderly-nj-man-in-prison/
new jersey wants to make sure that the only people with guns are the crooks running the state ! if the people were armed they might do something about the abuses they get ! apparently they dont know their own laws !
All firearms transported through the State of New Jersey:
The following guidelines are provided in order to assist law enforcement officers in applying New Jersey's firearms laws to persons who are transporting firearms through the State of New Jersey.
New Jersey laws governing firearms permits, purchaser identification cards, registration and licenses do not apply to a person who is transporting the firearm through this State if that person is transporting the firearm in a manner permitted by federal law, 18 U.S.C.A. 926A.
This federal law permitting interstate transportation of a firearm applies only if all of the following requirements are met:
The person's possession of the firearm was lawful in the state in which the journey began;
The person's possession of the firearm will be lawful in the state in which the journey will end;
The person is transporting the firearm for lawful purpose
The firearm is unloaded
The firearm is not directly accessible from the passenger compartment of the vehicle
The ammunition is not directly accessible from the passenger compartment of the vehicle
If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console;
The person is not
a convicted felon
a fugitive from justice an addict or unlawful user of drugs, or
an illegal alien
The person has not
been adjudicated to be a mental defective
been committed to a mental institution
been dishonorably discharged from the armed forces, or
renounced his United States Citizenship
A person who is transporting a firearm though the State of New Jersey in the manner permitted by person's possession 18 U.S.C.A. 926A, see Section II above, need not give notice.
Procedures for Investigation of Conduct Involving the Possession or Transportation of Firearms
An officer who reasonably suspects that a person is transporting a firearm in violation of New Jersey law should make reasonable inquiries in order to confirm or dispel that suspicion.
In a case where circumstances reasonably indicate that the person's possession and transportation of the firearms my be permitted by 18 U.S.C.A. 926A, the officer should make reasonable inquiries in order to determine whether the person's possession is permitted by that federal law.
If reasonable inquiries lead an officer to conclude that the person's possession is lawful under either New Jersey law or 18 U.S.C.A. 926A, as described above in Section II, the officer should promptly allow the person to proceed.
Whenever an officer has probable cause to believe that a person's possession of a firearm is in violation of New Jersey law and not permitted by 18 U.S.C.A. 926A, as described above in Section II, then the officer should make an arrest.
Just a whole lot easier to NEVER go to or through New Jersey! They have decided to make themselves a FOREIGN COUNTRY!
Charges have been dropped;
A New Jersey prosecutor Wednesday dropped the felony gun charge against a retired schoolteacher who was arrested last year when authorities discovered an unloaded, 300-year-old flintlock pistol wrapped in his car's glove compartment.
"I'm very appreciative that they exercised their discretion here and did the right thing," Evan Nappen, the attorney representing Gordon Van Gilder, told The Daily Journal.
The Cumberland County prosecutor said the state will exercise "prosecutorial discretion" in the case, but warned others about the laws pertaining to firearm possession, even if the gun is an antique. Van Gilder had faced 10 years in prison and the loss of his state pension if convicted. Nappen praised the prosecutor's decision.
Van Gilder, 72, who collects historical items, acknowledged the unloaded gun was in his glove compartment and wrapped in cloth when he was pulled over for a traffic violation in Cumberland County in November 2014, according to Nappen.
He had recently bought the gun and was planning to add it to his collection of antiques, which includes other old firearms, the lawyer said.
"This is a Queen Anne flintlock, which is a very pretty gun," Nappen said. "The barrel looks like a cannon and it has a single shot – you have to actually untwist the barrel to load it – it's pretty involved to even attempt to load it. But the craftsmanship is from the 1760s, and it's just magnificent to think that every piece of it was handmade."
The flintlock is in the county's custody and Van Gilder plans to retrieve the gun.
But New Jersey law does not exempt antique firearms, said Nappen, who recently defended a Pennsylvania single mother who was pulled over just across the New Jersey border with a registered gun she carried for protection. In that case, Nappen helped his client avoid a 3-year mandatory minimum sentence only after widespread publicity, including extensive coverage by Fox News, led the state Attorney General's Office to drop the case.
Quote from: hotfxr on February 19, 2015, 03:55:51 AM
:qz: Just ran across this article about a teacher in New Jersey who had a 200 + year old flintlock pistol in his car and got arrested for it. I guess that New Jersey never read the ATF ruling that says "No municipality or state may or shall enact any restrictions on antique or reproduction muzzle loaders." And I thought the rules were tough out here. To think that in high school we used to be able to buy black powder at Longs, (Now CVS) and now there is not one store in the state that sells it over the counter. (As far as I know and according to the obtuse ATF inspecting agent I have been dealing with for the last 2 years or so.) But as bad as it is, CA is not near as tough as NJ. I just hope one of our useless lawmakers doesn't read this article and get some crazy idea to do that here.
Here is the link to the article on the FOX news website:
http://www.foxnews.com/us/2015/02/18/flintlock-from-1700s-could-land-elderly-nj-man-in-prison/
sounds to me like every pro gun organization in the country should start hammering new jersey as hard as possible ! start a massive letter writing campaign , and swamp them with emails ! maybe get some danged fools attention !
New Jersey, where the @#$&*(@# is that ? I don't to this day understand why it's called "common sense" It's not common and most people don't have any sense.....Old dog Tom
Quote from: gunmaker on February 27, 2015, 03:53:41 PM
New Jersey, where the @#$&*(@# is that ? I don't to this day understand why it's called "common sense" It's not common and most people don't have any sense.....Old dog Tom
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