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New Jersey – -(AmmoLand.com)- NJ Senate Bill 3757 is scheduled to be heard in the Senate Law and Public Safety Committee on Thursday, December 09, 2021, at 1:00 PM. This so-called gun “safe storage” bill eviscerates the Constitutional Right to self-defense inside the home as explicitly recognized as by the U.S. Supreme Court in the Heller case.
The proposed law would require all legal owners of a firearm to:
- store or secure a firearm that is not in use at a premises under the owner’s control, unloaded, in a gun safe or securely locked box or container; and
- store ammunition, separately, in a securely locked box or container.
The law does NOT apply to unlawful owners of firearms, specifically prohibited persons, including but not limited to, convicted felons, terrorists, drug dealers, domestic abusers, or those committed for a mental disorder.
All firearms “not in use” must be secured in a gun safe, securely locked box or container. The phrase “not in use” is not defined. Unless you are actually shooting a gun, it would arguably not be “in use.” It might potentially be of use at some time in the future, but until you are using it, it’s not “in use” so it has to stay locked up.
All ammunition must be permanently stored in a separate securely locked box or container. There is no “use” exception for ammunition!
So, in an emergency, you will need to:
- (1) get to your safe or lockbox,
- (2) unlock it,
- (3) retrieve your firearm,
- (4) get to your other separate lockbox,
- (5) retrieve your ammunition (apparently unlawfully),
- (6) load your magazine or cylinder.
- (7) insert your magazine and rack your slide or close the cylinder, and then
- (8) only you may use your firearm to defend yourself and your family if you are still even alive.
There is no exception for gun shops, gun dealers, gunsmiths, or target ranges to display unloaded firearms. A dealer’s entire inventory must be kept “…unloaded, in a gun safe or securely locked box or container.” No more displays of guns to rent or buy. Additionally, how can ammunition even be purchased, when it too has to stay locked up at all times?
Every gun and every round of ammunition at every dealer or range whether for sale or rent must be in a locked container.
Law-abiding gun owners (and only law-abiding gun owners) must keep their unloaded guns and ammunition in separate locked containers. Not only are all honest gun owners prohibited from having an accessible self-defense gun readily available, but you cannot even have a loaded gun in a locked box or gun safe. It doesn’t matter if you live alone at home with no children or anyone else in your household.
You are prohibited from having a loaded gun in your home, period!
Loaded guns at one’s place of business, farm, ranch, or any other “premises” under the owner’s control are also strictly prohibited.
There is no exception for law enforcement officers, military personnel, security guards, or even those with permits to carry. As soon as any lawful owner is on their “premises”, they are prohibited from having a loaded gun.
Antique and black powder guns are “firearms” under NJ Gun Law. No more antique guns over the fireplace or otherwise displayed in your home or business. No display of modern or antique guns or ammunition by museums. No exhibits of guns or ammunition at sportsmen’s shows.
The proposed law contains a very misleading exemption to make it appear that homes and businesses are not affected. It is a trick to fool those unfamiliar with NJ Gun Laws. Here is what it says:
Nothing in this section shall be construed to prevent a legal owner from being authorized, pursuant to subsection e. of N.J.S. 2C:39-6, to lawfully keep or carry about the owner’s place of business, residence, premises, or other land owned or possessed by the owner, any firearm, or from carrying the firearm, in the manner specified in subsection g. of N.J.S. 2C:39-6.
This exemption does NOT permit a person “to lawfully keep or carry” a LOADED firearm. Sure, you can have a gun in your “place of business, residence, premises, or other land owned or possessed” as long as it’s NOT LOADED AND IS LOCKED UP!
Please note how the bill purposely does NOT include the COMPLETE “subsection e. of N.J.S. 2C:39-6” exemption (which applies to transport between allowed places, not carry in one’s home or business). Here is the complete “subsection e. of N.J.S. 2C:39-6” exemption with the underlined portion being what was omitted in the proposed ban:
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 his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such 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. (Emphasis added)
The proposed law fails to include this second half of the exemption, thereby forcing lawful gun owners to “carry” their gun pursuant to subsection g.
It limits an honest gun owner to carry to “the manner specified in subsection g. of N.J.S. 2C:39-6.” Subsection g. mandates “carry” as follows:
g. All weapons 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 such deviations as are reasonably necessary under the circumstances. (Emphasis added)
This misleading language conceals what is in fact a ban on having loaded firearms at one’s place of business, farms, ranches, or other premises under the owner’s control. As you can plainly see, the so-called home and business exemption is no exemption at all.
The Democrat-only sponsored-bill also criminalizes the following:
If the firearm of a legal owner who fails to store or secure the firearm properly in violation of this section is accessed by another person, and the access results in serious bodily injury or death, the legal owner shall be guilty of a crime of the fourth degree. (Emphasis added)
For example, if your spouse were to access your gun and shoot a criminal trying to murder you or your family, you would be guilty of a 4th Degree Crime (“Felony-Level” Offense) for allowing your spouse to access your gun.
Mandatory Re-Education & Forced Labor for Anti-Gun Groups
The proposed law fails to state what type of offense will be charged for a first-time violator. A second-time violator is a disorderly person’s offense. However, the sentence for a first-time violator is mandatory re-education via so-called community service to be served at an anti-gun organization of the Attorney General’s approval. Here is the penalty section for the first-time violator:
…for a first offense, shall be sentenced to a period of community service of not less than 10 hours nor more than 40 hours with an entity with knowledge and experience in the prevention of gun violence approved by the Attorney General… (Emphasis added)
An “approved enity” is defined as follows:
An approved entity shall offer community service that:
(1) incorporates gun violence prevention education; and
(2) effectuates behavioral change to meet the goals of gun violence prevention.
An approved entity may provide:
(1) online instruction related to gun violence prevention;
(2) gun violence prevention films; and
(3) gun violence prevention interventional activities as part of a New Jersey hospital-based gun violence intervention program.
Note how it is not a gun safety entity, but a gun violence entity. That’s because none of the anti-gun groups actually teach safety, only the NRA does that.
For a second violation, all your guns are seized and forfeited to the government, and your firearm ID card and gun permits are revoked. You are given only 5 days to make arrangements with a gun dealer to sell them, and the gun dealer has only 10 days to pick them up or the government permanently keeps them.
The penalty for the proposed law can be summed up as follows:
“You vill vork as slave labor for the zee Anti-Gunners or you vill be imprisoned and your guns expropriated to the Government.”
Law-abiding NJ gun owners need to vigorously oppose this extreme law and see the wolf in sheep’s clothing that the anti-Second Amendment extremists want to impose on New Jersey.
About Evan Nappen
Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Host of the praised “Gun Lawyer” Podcast, author of eight bestselling books and countless articles on firearms, knives, weapons history, and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades, it’s no wonder he’s become the trusted, go-to expert for local, industry, and national media outlets. Called on regularly by radio, television, and online news media for his commentary and expertise on breaking news, Evan has appeared on countless shows including Fox, CNN, Court TV, WOR-New York. As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists. He also provides expert testimony and consultations for defense attorneys across America.
A Man’s home is his castle, he is the Lord and King of that castle. It is sovereign land. It’s no one’s business what is inside. Come inside uninvited and you have the right to die.
https://www.youtube.com/watch?v=0I86-UWcp4E&ab_channel=AudittheAudit
With such discourteous (to put it mildly) civilians, who the hell wants to be a cop these days?
The “civilian” didn’t kowtow to the cops enough for you? The “civilian” was in his residence. The cops fabricated a reaon to enter his residence without a warrant. They forced their way into the “civilian’s” residence. They also demanded his ID which he was not requried to provide. The cops were pissed because the “civilian” had filed a complaint against one of them (some time prior to the incident in the recording) and they were going to retailiate and show him who was boss. They knew they couldn’t get a warrant. They also knew they would be protected by their… Read more »
“Discourteous”. New euphemism for “uppity”.
People talk about non-compliance, civil war, revolutionary war and then when the topic comes up of the actual group who will be doing the enforcing, they caution people not to be discourteous to them or give them lip. A certain percentage of NJ law enforcement has no respect for rights protected by the 1st, 2nd, 4th, or 5th amendments. They will be the ones arresting people for violating never-ending gun control and they will be cheered-on by some of the people who post here, like the one who wrote: “Start charging the turds who violate firearms laws and keep them… Read more »
E.g., pretty much all the ex/current LEOs on Ammoland dish out foul insults to deflect from issues, then cry foul when they get back a fraction of what they put in. They downvote with sock pups, then say “you’re unpopular; look at all the DVs”. Unpopular. Like they’re stuck in high school. Sad sacks virtually living here rent free, making up farming/ranching fairy tales when they only thing they feed is bananas and peanuts to a pet chimp called TEX. Upvotes are their only source of self-esteem, and they project that insecurity onto others.
There are some odd inconsistencies.
and most should be in jail for title 18 violations but there is no one chasing down government criminals
These mission statments are great: Mission Statement The New Brunswick Police Department is committed to providing a safe and peaceful environment in the City of New Brunswick through effective and impartial law enforcement. The New Brunswick Police Department shall respond to the needs of its residents through active participation in community partnerships. The New Brunswick Police Department shall accept only the highest caliber personnel with a demonstrated ability to meet and exceed standards for personal and professional conduct. The New Brunswick Police Department will extend the utmost courtesy and respect to all residents, visitors, and employees within the City, and will be accountable… Read more »
You may find this video interesting if you put this in your search engine:
“Cops Bust in the Wrong House and Refuse to Leave”
Bear in mind, this is just one more isolated incident, so please don’t draw any conclusions from the fact that 100% of the LEOs present participated in the warrantless entry.
The “civilian” gave them lip, so . . .
Ouch.
In the case I noted above, the person had previously filed a complaint against the cops. The cops then retaliated by claiming they had received a 911 call from the house inhabited by the person who had previously filed the complaint.
There was no 911 call from the house, but that didn’t matter. The cops used it as pretex for entering the guy’s house and hassling him. They came in force and tried to escalate the situation and provoke the guy (in my opinion).
It’s kind of like a broken tail light, but different.
Joe Stalin and Chairman Mao are so proud of Comrade Murphy! They await him deep in the lowest pit of the Hell he will someday join them in!
Comrade Murphy has his own People’s Commissariat for Internal Affairs and Red Guard to make it all possible.
If any gun owners still live in that crap hole state get out now before it is too late, soon they just might make it so you are not allowed to leave for any reason.
All too soon things will get so bad that we will be in jail just for sneezing or something, look at Australia if you go outside they take you to the internment camp for how long is not yet known. That is soon coming to this country.
“they take you to the internment camp for how long is not yet known”
“they”
https://news.yahoo.com/howard-springs-australia-police-arrest-031407691.html
https://www.ntd.com/australian-police-arrest-3-teens-for-allegedly-fleeing-ccp-virus-quarantine-facility_708542.html
BACK THE BLUE!
But that’s different.
https://nypost.com/2021/09/20/australian-police-clash-with-anti-lockdown-protesters-arrest-nearly-270/
https://www.reuters.com/world/asia-pacific/sydney-police-crack-down-planned-anti-lockdown-protest-2021-08-21/
Flatten the curve.
Don’t be selfish.
Wear a mask – they work.
We can do this.
War is peace.
Freedom is slavery.
Ignorance is strength.
The police are on our side.
Yes, survivors get out early, those that do not get out early, don’t survive.
WB,you’re right. That old saying “it’s better late than never” don’t apply here.
I agree, in this kind of situation late just may be never. That is why I moved to Texas, and out side all city limits.
WB,with the rest the country going to hell TEXAS is sure where I want to be too.
Will (“TEX”) – 12/7/21:
“WB,with the rest the country going to hell TEXAS is sure where I want to be too.”
Response to Will (“TEX”):
https://www.breitbart.com/border/2021/09/16/watch-thousands-of-migrants-walk-freely-across-border-into-texas-near-bridge-camp/
When tyranny becomes law…… revolt becomes duty. Civil disobedience or risk the lives of your loved ones. Re education camps? Forced labor in anti constitutional thinking businesses? Watch out, this could get you to the same kinds of camps we saw in Poland and Germany during WW-2. Keeping your gear locked up with ammo locked up separately? That is just nuts. The absolute safest place for your gear is on your person. Tyranny does come with a legitimate, legal and very final penalty. For now, make note of who’s involved. Maybe, the courts will get involved, maybe but we have… Read more »
New Jersey Nazis!
There are some parallels, aren’t there? The Nazi Party used the Allgemeine Schutzstaffel and Gestapo to enforce their totalitarian laws. I wonder how many conversations among the people on the railcars were along the lines of “they aren’t all bad. These are just isolated incidents. Don’t make generalizations. You don’t know exactly how many are willing to enforce any law, so don’t say ‘most.’ You can’t back that up with audited data. The Allgemeine Schutzstaffel and the Gestapo are just doing their jobs – if they refused to follow orders, they might get fired. People who discuss specific incidents are… Read more »
Snappy uniforms:
https://www.njsp.org/
These mission statements crack me up:
“The New Jersey State Police is committed to protect, preserve, and safeguard the constitutional and civil rights of all citizens through impartial and courteous law enforcement with integrity and professionalism. We shall ensure public safety and provide quality service in partnership with our communities.”
https://www.njsp.org/about/mission-statement.shtml
Protecting the constitutional rights of all citizens. Keep those tail lights in good working order, or:
https://thenewamerican.com/new-jersey-man-faces-felony-charge-for-antique-firearm/
“The officer did as he was told, and gave the pistol back. The next morning, however, he came back — ‘with three cars and three or four sheriffs.’ Van Gilders says, ‘He told me, ‘I should have arrested you last night.’ So he did. ‘They led me away in handcuffs’ and, at the station, ‘chained me by my hands and feet to a cold stainless-steel bench.’”
Can you imagine how he would have been treated if he gave the enforcers any lip?
https://www.nationalreview.com/2015/02/new-jersey-man-faces-jail-time-transporting-antique-pistol-charles-c-w-cooke/
Eh, just be thankful that multiple units were dispatched to make the arrest. That guy looked like one of those gun nuts.
All the officers went home safe, and that’s what matters.
One of the most important lessons in the multiple articles about the incident was how surprised the guy was after he volunteered the information that he had the firearm. He thought he had nothing to hide.
There are so many Americans who will be handcuffed in the back of squad cars muttering “I always supported you guys . . . “
Not just tail lights – be careful with those tinted windows. The NJ state police will arrest you for having cartridges loaded with deadly hollowpoint bullets – even if they aren’t hollow points:
https://www.foxnews.com/us/new-jersey-security-guard-arrested-over-licensed-gun-legal-ammo
Make sure you are open and honest with NJ law enforcement. It will serve you well. You have nothing to hide, right?
https://www.foxnews.com/us/honest-mistake-leads-to-philly-mother-facing-three-years-on-gun-charge
And remember, our heroic retired law enforcement professional says:
“Start charging the turds who violate firearms laws and keep them jailed.”
What gun control law would this colonel not enforce?
https://www.njsp.org/division/superintendent-biography.shtml
My opinion is to ignore these silly a##ss laws and to do as you dam well please. There are far more gun owners and guns in NJ than there are LE’s to enforce them. Piss off NJ and your Nazi-esque laws.
New Jersey: Been there, done that, retired from the job that took me there, don’t need to ever go there again. My condolences to those who have to live there.
These tyrants need to experience a liberal (pun intended) application of the Second Amendment. Politicians are accomplishing what armies feared to attempt/failed to accomplish without a shot being fired in defense. Consequently, they will continue to do what tyrants do. Had not a liberal application of Second Amendment been applied to King Georgie’s Redcoats, we would have been speaking with a British accent and having tea and crumpets. History repeats itself. Listen up.
So, Evan, being that you are a lawyer with VAST expertise and knowledge in this area of law and the fact that the bill reeks with voidness, why don’t you form a coalition of other legal experts and hold the worthless cretins that drafted this garbage bill and remove them from office?
Ok bring this new law NJ and when you start arresting law abiding citizens for not storing ammo in a locked box or other frivolous violations, you’ll ignite a Civil War you can’t win. My guess is that a thousand Rittenhouses will show up in your state to take out the trash….
And so, you continue to live in Joisey because why…………………………?
See you at the steps of the Supreme Court!
couldn’t this be litigated under the 14th Amendments equal protection/due process? if only legal gun owners are subject then it is unequally restricts them whereas criminals are free to carry in violation of this rule/law.
I think if I lived in that shithole I would continue to keep my weapon loaded,charged and waiting for some turd(s) to boot my front door.
B.S., Will/TEX/FordWILL/WB. You’d OBEY all orders and ENFORCE unconstitutional laws just like you did in TEXAS.
Are you aware that I run a ranch. Who would I take orders from or enforce orders against?
Most humorous!
Speaking of Hitler and his WWII allies, the Japanese … this is Pearl Harbor Day.
YES and only one note on the computer this AM, shows History isn’t being taught in schools!!!!!!!!!!!!!!!
!!!!!!!!!!!!!!!!! Clearly, it must not have been taught in the 50s.
I doubt it. I post, come back 12 hrs later & you’ve posted 100x. Seems the “ranch” runs itself.
You cover for police abuse, mock murder victims and their families. I think the “ranch” is in your head.
Will – 12/6/21:
“I think if I lived in that shithole I would continue to keep my weapon loaded,charged and waiting for some turd(s) to boot my front door.”
Reply to Will:
You said you wanted gun control laws to be enforced:
“Start charging the turds who violate firearms laws and keep them jailed.” – Will/TEX
Sounds like NJ wants to reinstate slavery.
b. Nothing in this section shall be construed to prevent a legal owner from being authorized, pursuant to subsection e. of N.J.S.2C:39-6, to lawfully keep or carry about the owner’s place of business, residence, premises, or other land owned or possessed by the owner, any firearm, or from carrying the firearm, in the manner specified in subsection g. of N.J.S.2C:39-6. g.All weapons 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… Read more »
NJ: “nee-jerk eye dee eye oh tee s”!
Yeah, seems like an I-D-10 Tee code.
And if you reload ammo, how many lockboxes are you buying?
None. You ignore the law and keep the ammo wherever you dam well please…..
“The phrase “not in use” is not defined.”
If not defined, then establish a definition, i.e. the gun was “in use” as a paperweight on my desk…
Time to strip these Dems of holding any public office and dreaming up any Bill’s that are Not beholden to the constitution
Secondly these dems need to be sent to reeducation camps to learn and memorize what the comstitution is and why we hold it so dear
Thirdly any dems who fail these above shall be taken out and immediatly hung for the Traitors they truely are.
Under the definition of “yellow journalism” it references this article. A terribly written and sensationalist piece that communicates very few unbiased facts. Stop reading this trash, people!
g.All weapons 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 such deviations as are reasonably necessary under the circumstances.
It is important to warn people used to living free of dangers they would face traveling to foreign lands. As Texan, if I travel North even into or through Colorado I must beware of differences in the law for normal possessions become illegal when crossing that state line. Other states such as NJ, NY, CA, MA are as foreign as Mexico – but lacking the fine exotic feature, sun, beauty, and tequila. When young I used to think I would eventually visit all 50 states. While I don’t always have a pistol on my hip (yes I know I should!),… Read more »
Well Finnky, you are up early! What is the purpose of your traveling North?