2C:39-6.e Exemption to Transport for Sales purposes

NJ & Federal Gun Laws and Activism
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As a regular citizen with no carry permit, I want to transport a firearm for Sales purposes only. It needs No Repair. My destination is a firearm store only, not a range or repair shop of any kind.

What law actually allows transport for purposes of firearm sales? What law even allows us to bring a firearm into a gun store for trade in / evaluation of price (not repair) purposes?

NJ Firearms Transport law:
2C:39-6.g says: "Any weapon being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. " shall be unloaded… etc.

Firearm possession is banned. Citizens can transport using Three exemptions:
b(2), e, and f(1) or f(3):

- subsection b(2): Applies to licensed firearm dealers only.

- subsection e: Allows for transport “FROM any place of purchase” to home, business, between homes and businesses, for moving. But NOT back TO a gun store.

- f(1) is the Rifle / Pistol Club for target practice purposes.
++f(2) is in the woods or fields or waters of the state…
-f(3)a is directly to / from a place for hunting…
-f(3)b is directly to / from any target range for the purpose of practice, match, trap, skeet…
-f(3)c is directly to / from any exhibition or display notified / approved 30 days prior by the NJ State Police
++f(4) is a visual distress signal on a boat / airplane.

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I will post the relevant 3 sections here, just FYI:

1. 2C:39-6.g Firearms and ammunition transportation law.

g. Any weapon being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only deviations as are reasonably necessary under the circumstances.

2. 2C:39-6.e Firearms Possession Exemptions: Business, residence, moving, repair

e. Nothing in subsections b., c., and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about the person’s place of business, residence, premises or other land owned or possessed by the person, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to the person’s residence or place of business, between the person’s dwelling and place of business, between one place of business or residence and another when moving, or between the person’s dwelling or place of business and place where the firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

3. 2C:39-6.f Firearms Possession Exemptions: Hunting, target range, exhibition

f. Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:
(1) A member of any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from a place of target practice, carrying such firearms as are necessary for said target practice, provided that the club has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent and provided further that the firearms are carried in the manner specified in subsection g. of this section;
(2) A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;
(3) A person transporting any firearm or knife while traveling:
(a) Directly to or from any place for the purpose of hunting or fishing, provided the person has in his possession a valid hunting or fishing license; or
(b) Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder; or
(c) In the case of a firearm, directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any rifle or pistol club, or any firearms collectors club, for the purpose of displaying the firearms to the public or to the members of the organization or club, provided, however, that not less than 30 days prior to the exhibition or display, notice of the exhibition or display shall be given to the Superintendent of the State Police by the sponsoring organization or club, and the sponsor has complied with such reasonable safety regulations as the superintendent may promulgate. Any firearms transported pursuant to this section shall be transported in the manner specified in subsection g. of this section;
(4) A person from keeping or carrying about a private or commercial aircraft or any boat, or from transporting to or from such vessel for the purpose of installation or repair a visual distress signaling device approved by the United States Coast Guard.

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Just put it unloaded, in a sealed container, even a paper bag, in your trunk with no ammo in the vehicle. Do you have a Firearms purchaser ID card? If so, have that on you. You are overthinking this!:grinning_face:

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I was going to say something similar but I actually think the OPs point is what law covers legal transport and under the circumstances he describes such as getting an appraisal/selling. There are specific carve-outs such as hunting or target range, but I can’t find anything regarding just taking it to a gun shop to sell.

The OP has a great question, had me stumped, did a few searches and came up empty. I think the only real answer could come from an attorney’s interpretation. Outside of that it would probably take a long and arduous effort to get the law amended to include normal activities to be spelled out as lawful.

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I do understand the whole “securely tied package” transport law, in your trunk or locked, ammo separate.

My FPID is invalid, I moved. I need a renewal and all the paperwork. I have no valid FPID.

Perhaps I am overthinking this, but the Law is the Law here in the PRNJ. I don’t enjoy LEO or carry privledges. Therefore carrying is illegal Everywhere for me, except as listed above.

Example: I want to sell my firearm to someone else. I don’t want to meet in my house, for various family reasons. (Or I want to sell to a gun store.) Where can I take this firearm, “for purposes of Sales”? For me right now, the answer is nowhere.

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Well Admin, at least we all get a Labor Day surprise for our wives. Gentlemen, it seems we can not sell our firearms. The only logical option therefore, is Buy only.

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Not sure the wife will buy that but I’ll give it a whirl. I’ve yet to sell anything… afraid I’d kick myself later on. I’m waiting out the 30 day window from may last purchase so have a week or so to go.

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NJ gun laws make people paranoid. They designed them that way! Currently things are changing, Call the FFL to let them know what time you will be there and what guns you are bringing to sell. If they approve of what you propose, just do it!

Not all gun shops do consignment. All gun shops will buy. Just don’t drive around visiting local gun shops looking for the best offer. Have an agreed plan with a single FFL.

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That is a good point, thank you. I would call the gun store in advance.

I prefer to advocate for the rights of firearms’ owners, and make sure that all lawful purposes are allowed to us, and written in NJ law that way. I have researched this further, and nothing in the ID / sales / dealers section allows for Transport For Sales that I can find. And if it did it, that method would be enumerated in 39-6g the Transport law (exemption).

I think firearms owners should advocate for their basic needs and necessities, and now is the time (federally at least, NJ state is hopeless) to get basic firearms laws passed to allow for common sense purposes of firearms transport, such as Sales.

I do not want to be stopped by an officer, and have to fight that in court. There are county prosecutors, quite liberal, who are itching to punish firearms owners right now. We have “poked their hornet’s nest” for sure in the Third District, and SCOTUS. I’d rather have the rights enshrined in NJ law, than leave it up to the opinion of the officer stopping me.

“Keep and bear arms” clearly means ownership. Basic ownership means Buying AND Selling.

FFLs should be aware of this. FFL customers transporting a firearm to an FFL for Sales (not Repair) are committing a NJ Felony.

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Every gun I ever purchased used involved the seller driving it to an FFL to do the transfer. If nobody takes their used guns to an FFL for sale or trade, there would be zero used gun sales in NJ. I purchased 2 used rifles from a cop in Jersey and we both met up at a local gun shop.

.This is common practice and you are not going to have any problems!

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I do understand your points sir, and I am very well steeped in the worlds of common sense and logic. I just want to clarify a couple things for the record though, I’m not paranoid. This is a legal discussion of current NJ law. NJ does not allow for transport of a firearm to a firearm dealer for Sales purposes. I am looking for a NJ law in writing, that allows me to transport a firearm to another location (any location) for Sales purposes. I see none.

Dealing with a cop does not make it legal, most cops know very little about NJ firearms laws. They are exempt from all of them, and until recently every firearm they saw was “bad guy with a gun!”. I’m not revealing any personal info, but I’m not at liberty to just do it, follow common practice, or don’t worry it will be fine. None of those will hold up in a court of law. Just like carrying a 15 round mag right now.

Again though, my original question stands unanswered. Which NJ law allows us to transport a firearm to an FFL dealer (not a repair shop) for Sales / Price evaluation purposes? I see no law covering this. With the 5th district striking down a ban on Interstate Handgun Purchases, I believe this is a “common use” right that a firearm owner has. I believe NJ law currently violates the Second Amendment.

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You are correct. There is no exemption for transporting a firearm for sale, only for transporting after purchase.

This is normal for NJ firearms laws (and probably laws everywhere).

The legislature is incompetent. They have their ideologies but can’t think in a straight line to enact them.

You will lose your sanity trying to find a coherent path through NJ firearms laws. Their only purpose is to pretend to be a solution to the nonsense they dreamed up to scare the uninformed electorate.

Loretta Weinberg was on GFH Radio episode 364 (https://gunforhire.com/blog/the-gun-for-hire-radio-broadcast-episode-364/) and said this:

Senator Weinberg: [00:45:16]Somebody is going to complain that I just said that’s why we have lawyers and courts for. The law is complex. They said even when we draft a bill I can give the Office of Legislative Services a simple idea and by the time it comes back to me and

Senator Weinberg: [00:45:34]You have no idea what you just wrote.

Senator Weinberg: [00:45:36]bureaurcratic Language.

She states she has no idea what the laws actually say, but passes them anyway!

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Excellent post Mr Stu. I agree with every line.

Here is an excerpt of the Gun For Hire Radio (GFH Radio) podcast with Senator Weinberg.

GREAT story from Anthony about 2 police chiefs arguing firearms laws, this exact law actually, and Anthony had to correct them.

Sandy: [00:43:52] Do you remember back in your old facility where.

Anthony: [00:43:56] Belleville.

Sandy: [00:43:57] Anthony used to basically just give the facility, when he wasn’t running classes, out to the local police departments and they could come in and have seminars and meet whatever. And I guess cops being cops had a bet and an argument outside over a particular point of the law.

Anthony: [00:44:14] Two cops.

Sandy: [00:44:14] Two cops. Two police chiefs. And they came into the office. I happened to be visiting and they asked Anthony if he had a copy of the New Jersey statutes annotated for firearms and

Anthony: [00:44:29] They were arguing.

Sandy: [00:44:29] They were arguing over it. So Anthony said well what’s the point. And they asked him and he clarified out of the statutes. And I sat there and I thought these are chiefs of police and if they don’t know the law and they were, by the way neither one of them was right. If they don’t know the law, what about the rank and file members who are going to pull me over in my car as I’m driving through their town and possibly, because of the misunderstanding of the law, I end up in jail. That scared the hell out of me.

Senator Weinberg: [00:45:06]What I mean police are trained in law. And but that’s what we have lawyers and courts for.

Anthony: [00:45:15] We have.

Senator Weinberg: [00:45:16]Somebody is going to complain that I just said that’s why we have lawyers and courts for. The law is complex. They said even when we draft a bill I can give the Office of Legislative Services a simple idea and by the time it comes back to me and

Senator Weinberg: [00:45:34]You have no idea what you just wrote.

Senator Weinberg: [00:45:36]bureaurcratic Language.

Sandy: [00:45:37] Right.

Senator Weinberg: [00:45:37]It’s hard to make sure that’s exactly what I wanted in that particular bill. So again that is not just about gun owners.

Sandy: [00:45:48] Right, exactly.

Senator Weinberg: [00:45:49]And help people all the time we regulate how far slats can be separated on a crib so a baby can’t catch their head through slats. We regulate whether a pharmacist can put Sudafed on the counter or have to keep it under the counter.

Sandy: [00:46:09] Yeah.

Senator Weinberg: [00:46:09]So I have one of my adult children, who used to say to me, So what laws did you pass today to complicate my life?

Anthony: [00:46:17] Oh god.

Senator Weinberg: [00:46:18]You know my joking answer please everybody understand I was just joking would be as many as I can. So that was

Anthony: [00:46:28] She’s got a lot of vinegar.

Senator Weinberg: [00:46:28]our reparte. But that is the nature of how laws are passed and put on the books right. Should there be changes. That’s why we can go back and undo, change, amend.

Sandy: [00:46:46] Right.

Senator Weinberg: [00:46:46]Whatever. To keep them up to date.

Sandy: [00:46:46] The people who developed the system were pretty brilliant.

Senator Weinberg: [00:46:52]Considering everything that we’ve survived

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