FOPA Question MA-NJ

[namedpipes]

Person A is a < 21 MA FID holder lawfully owning a longarm here in MA.

Person B is a < 21 NJ FID (or whatever the NJ equiv is) temp living here in MA.

Can they transport the long arm to NJ (under FOPA rules) to use at a public ranger there, when neither one is able to lawfully possess it at BOTH ends of the trip?

As an aside, my personal advice to them is to skip it, but I promised to ask.

 

[IPSC_DRL]

My understanding is that FOPA only provides for transport THROUGH a state when one is legally able to posses at both ends of the trip.

 

[namedpipes]

My understanding is that FOPA only provides for transport THROUGH a state when one is legally able to posses at both ends of the trip.

That's my understanding, which is why I'm encouraging them to skip the idea.

The firearm would be lawfully possessed at both ends of the trip, just not by the same person at both ends. *I* don't think that qualifies for FOPA protection.

 

[Woodstock]

NJ famously doesn't honor FOPA regardless of the circumstances.

 

[rlee]

FOPA is only needed while transiting NY.
Assuming that each can possess the rifle in their home state, person A has possession in MA, person B in NJ.
Of course, person B has to make the return trip, too.

 

[Len-2A Training]

My understanding is that FOPA only provides for transport THROUGH a state when one is legally able to posses at both ends of the trip.

That is what the law states. And it would be for the person not with "hand-offs" of possession in each state to cover it.

NJ famously doesn't honor FOPA regardless of the circumstances.

And this is the most important part!

 

[noxin]

Just have them do two separate trips.

1 - MA to PA (or some other rifle friendly state) - MA Person is in control of the firearm
2 - PA to NJ (Same rifle friendly state from above) - NJ person is in control of the firearm

Reverse process on the way home

To establish "control of the firearm" only have one key for the case and pass it off between trips.

 

[drgrant]

That's my understanding, which is why I'm encouraging them to skip the idea.

The firearm would be lawfully possessed at both ends of the trip, just not by the same person at both ends. *I* don't think that qualifies for FOPA protection.

Nothing under FOPA says it has to be a continuous trip. You could have several "trips". AFAIK CT doesn't have regs on fudd long guns. They drive into CT, stop, "possession changes to NJ guy" , they both dance a jig around the car hand the key to the case to the other guy, get back in... done. Now they're on trip #2.

I'm guessing this is a fudd type gun because FID reference.

ETA: FOPA might not even really apply or be needed at all, actually. It's really only for "transiting" anti states. Not visiting them. But if someone has a permit in anti state X and can claim possession/control, that should be all that is needed.

-Mike

 

[browncoat]

Nothing under FOPA says it has to be a continuous trip. You could have several "trips". AFAIK CT doesn't have regs on fudd long guns. They drive into CT, stop, "possession changes to NJ guy" , they both dance a jig around the car hand the key to the case to the other guy, get back in... done. Now they're on trip #2.

I'm guessing this is a fudd type gun because FID reference.

-Mike

This. Stop in CT or VT (possibly even NY depending on the long gun) and start a new trip. When it comes down to it, even in NY and NJ police are unlikely to get too excited by a fudd gun, so if its a bolt or lever action it's probably not going to be an issue even if they get stopped.

 

[42!]

I thought FOPA only applied going to/from a competition? A legit event, not just a few guys shooting at a range.

 

[Len-2A Training]

I thought FOPA only applied going to/from a competition? A legit event, not just a few guys shooting at a range.

No, read the law, it isn't more than a few paragraphs. All it requires is that you be legal at your start point and any point you stop for more than quick meal/bathroom break/gas up the car (although there are those that claim even these stops are illegal in hostile states).

 

[namedpipes]

I've passed on the suggestions along with an offer to take them to a range here (instead) where they can shoot without worrying about how to accessorize an orange jumpsuit.

Thank you legal eagles.

 

[browncoat]

I thought FOPA only applied going to/from a competition? A legit event, not just a few guys shooting at a range.

You are thinking of the new York state competition exemption probably.

Sent from my LGLS991 using Tapatalk

 

[KBCraig]

You are thinking of the new York state competition exemption probably.

Or the MA exemption for competitors.

 

[noxin]

Or the MA exemption for competitors.

Doesn't exist.

 

[kalash]

Well, if you get stopped in MA you can safe that Person A has possession.
If you get stopped in NJ, you can say person B has possession.

However, seeing as FOPA requires that you can legally possess the firearm in both the origin state and the destination state, going through NY would be illegal, since neither of the two individuals satisfy this requirement.

That said, I've FOPA-ed through NY a number of times and never had an issue. YMMV but sticking to the speed limits seems to work just fine.

 

[MachineHead]

Well, if you get stopped in MA you can safe that Person A has possession.
If you get stopped in NJ, you can say person B has possession.

However, seeing as FOPA requires that you can legally possess the firearm in both the origin state and the destination state, going through NY would be illegal, since neither of the two individuals satisfy this requirement.

That said, I've FOPA-ed through NY a number of times and never had an issue. YMMV but sticking to the speed limits seems to work just fine.

That 1hr stretch between CT and PA feels like forever. I had a great time carrying cross country except for that sliver of NY.

 

[rlee]

...However, seeing as FOPA requires that you can legally possess the firearm in both the origin state and the destination state, going through NY would be illegal, since neither of the two individuals satisfy this requirement.
That said, I've FOPA-ed through NY a number of times and never had an issue. YMMV but sticking to the speed limits seems to work just fine.

As browncoat suggested in post #9, visit your cousin in VT first, then travel to NJ.