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Thread: what makes open carry a crime in NJ?

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    what makes open carry a crime in NJ?

    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.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by DanNabis View Post
    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...top_court.html

    http://townhall.com/tipsheet/kevingl...tates-n1794200
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    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...

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

    Taken from handgunlaw.us
    Last edited by DanNabis; 04-02-2014 at 04:30 PM.

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    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..
    Last edited by DanNabis; 04-02-2014 at 04:38 PM.

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    Quote Originally Posted by DanNabis View Post
    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...
    Quote Originally Posted by DanNabis View Post
    "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.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    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&exp andheadings=on&headingswithhits=on&hitsperheading= on&infobase=statutes.nfo&record={166A}&softpage=Do c_Frame_PG42

    the crime of carrying without a carry permit @ http://www.state.nj.us/njsp/info/pdf...tle13-ch54.pdf specifically 13:54-2.2

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    Quote Originally Posted by Grapeshot View Post
    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.
    Last edited by psmith010185; 10-11-2017 at 12:31 PM.

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    Welcome to OCDO. Your thread is 3 1/2 years dead.

    Quote Originally Posted by psmith010185 View Post
    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 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.
    Welcome to OCDO. Your thread is 3 1/2 years dead. Start a new one.
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    Quote Originally Posted by Nightmare View Post
    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.
    Last edited by psmith010185; 10-11-2017 at 12:47 PM.

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    Quote Originally Posted by psmith010185 View Post
    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.
    Right. Whatever.
    I am responsible for my writing, not your understanding of it.

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    Regular Member solus's Avatar
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    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"...
    Last edited by solus; 10-11-2017 at 02:17 PM.
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    Quote Originally Posted by solus View Post
    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 my this sudden self serving query regarding firearm carry?
    +1
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    Quote Originally Posted by Nightmare View Post
    Welcome to OCDO. Your thread is 3 1/2 years dead. Start a new one.
    Quote Originally Posted by psmith010185 View Post
    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.

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by gutshot II View Post
    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.

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    Quote Originally Posted by color of law View Post
    This is a public announcement. Brought to you by the AD council.
    Don't ya need to add: "public service"

    (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)
    Last edited by solus; 10-11-2017 at 05:12 PM.
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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    Quote Originally Posted by solus View Post
    Don't ya need to add: "public service"

    (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?

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    Regular Member solus's Avatar
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    Quote Originally Posted by gutshot II View Post
    What ever do you mean? Of course it is. What else could it be?
    Click image for larger version. 

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    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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