When you’re a gun owner, it’s important to understand your rights – and your obligations under the law.
New Jersey has some of the strictest gun control laws in the nation, and it’s important to understand that the state does not automatically recognize concealed carry permits from other states – and even those who are permitted to have them within the state itself are subject to stringent guidelines. Here are a few things to keep in mind if you live in or travel through this state while carrying a firearm:
You have a legal duty to disclose
If you get pulled over for any reason – even something trivial like a broken headlight, a wide turn or speeding – while you have a firearm in your car, N.J.S.A. 2C:58-4.4(b) requires you to immediately tell the officer that you have the weapon either in the vehicle or on your person.
There are no exceptions to this rule. That means it does not matter if the weapon is unloaded and in the trunk of the car, the glovebox or in a locked carrier. In addition, you must have your handgun carry permit with you and show it to the officer.
Failure to notify the officer who stops you for a traffic violation is a crime in the fourth degree, which is a felony. That can result in up to 18 months in prison and fines of up to $10,000.
When informing the police that you have a firearm in your possession at a traffic stop, be calm, Keep your hands visible and explain to the officer where the gun is located. Do not reach for the weapon until the officer instructs you to do so, and follow their instructions carefully.
If you forget that you have a weapon in your car or choose not to inform the officer you have one and it is later discovered, there could be serious complications for your future. Legal guidance is wise.