New E Bike

[Nomad]

51 minutes ago, gobblergetter said:

Question...

Is it legal to carry an uncased shotgun and sling , on your back while riding an e-bike on a public road?

I’d use a soft case with a sling.

that doesn’t mean you might not still be harassed by Bucky though. lol

Edited July 19, 2023 by Nomad

[mazzgolf]

Oh, and about "It does not even show the gun on you to be yours or legal " -- it doesn't matter.  The statute is clear - FID is required for possession of ANY rifle or shotgun - doesn't matter if its yours. Statute has the word "any" in it -- see 2C:39-5 where it says, "Any person who knowingly has in his possession any rifle or shotgun"

So FID is for possession of any long gun (it is not for proof of ownership).

[Gman]

So if you dont have an FID card you cant borrow your Dads gun put it in your car and go hunting? 

[vdep217]

15 minutes ago, mazzgolf said:

Oh, and about "It does not even show the gun on you to be yours or legal " -- it doesn't matter.  The statute is clear - FID is required for possession of ANY rifle or shotgun - doesn't matter if its yours. Statute has the word "any" in it -- see 2C:39-5 where it says, "Any person who knowingly has in his possession any rifle or shotgun"

So FID is for possession of any long gun (it is not for proof of ownership).

But with a hunting lisence going to and from hunting is an exception.

When I was 14 this is how an officer explained it to me.

At 14 you can legally hunt alone the hunting lisence allows you to be in possession of the shot gun although it's dads.  Riding your bike with a cased gun is legal.  Now if on way home sat mom sees you n says throw your bike in the Truck n get in.  Technically she is now in possession of that fire arm if she does not have a hunting lisence or fid she is in violation of the law as picking up your son from hunting is not an exception 

[mazzgolf]

25 minutes ago, vdep217 said:

But with a hunting lisence going to and from hunting is an exception

....

Riding your bike with a cased gun is legal.

Yes. That's exactly what I'm arguing for, and you are right. With a hunting license, going to/from hunting grounds, you are correct based on 2C:39-6 you are under the exemptions thus no need for FID... but as you say, IF the gun is cased.

But notice what @gobblergetter asked:

"Is it legal to carry an uncased shotgun"

He's asking about UNCASED (aka open carry). Well, you can't possess a long gun UNCASED under that exemption. Paragraph (g) states, "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 other words, NJ does allow for open-carry of long guns, but you must have an FID to do so legally.

Without FID, you must follow the exemption laws, and during transport, those exemption laws do not allow for open-carry.

(and maybe I'm using "open-carry" too loosely - it must also be unloaded - with or without FID.)

 

Edited July 19, 2023 by mazzgolf

[gobblergetter]

Thanks for the input , Nomad

That's my concern. I didn't know if a firearm had to be cased in a motorized vehicle only or if it also pertained to a bicycle, e-bike, moped, Honda or Harley.  I've walked on public roads while carrying an uncase shotgun.  Does the 'cased ' law kick in as soon as you put some wheels under your butt or when you add a motor  and if so does it only pertain to gas motors?

 

[Nomad]

21 minutes ago, gobblergetter said:

Thanks for the input , Nomad

That's my concern. I didn't know if a firearm had to be cased in a motorized vehicle only or if it also pertained to a bicycle, e-bike, moped, Honda or Harley.  I've walked on public roads while carrying an uncase shotgun.  Does the 'cased ' law kick in as soon as you put some wheels under your butt or when you add a motor  and if so does it only pertain to gas motors?

 

Believe me, nobody knows for sure, and you’ll have different police officers, prosecutors, and private attorneys arguing over these gray areas.  Without getting into the complexity of the law, (real, or imagined, depending on the various entities, you may encounter and their interpretations ), unless you’re just walking down  the road briefly, and then popping back into the woods, I would keep it in a case. Will protect the gun, cause less alarm from the public, and cause you less problems. 

Edited July 19, 2023 by Nomad

[mazzgolf]

2 minutes ago, gobblergetter said:

Thanks for the input , Nomad

That's my concern. I didn't know if a firearm had to be cased in a motorized vehicle only or if it also pertained to a bicycle, e-bike, moped, Honda or Harley.  I've walked on public roads while carrying an uncase shotgun.  Does the 'cased ' law kick in as soon as you put some wheels under your butt or when you add a motor  and if so does it only pertain to gas motors?

To me, reading the exemption, it isn't clear. But if I had to guess, I would say it doesn't matter if you are walking, riding a bike, or in a car. It says, "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...."

It says any weapon "being transported" - doesn't say by what means.

Think of it this way. Would the politicians really have written this to be restricted to only cars, allowing people riding bikes or walking to potentially have an uncased gun? Doesn't make sense. Politicians want the gun as far away from sight as they can legally make it - and that would include people walking and riding bikes.

But, again, this is ONLY if you don't have an FID. If you have an FID, it means you are legal as per 2C:39-5 so you don't have to worry about it because you don't have to follow the exemption rules - you aren't ASKING for an exemption (you have an FID so you do not need to be exempt from 2C:39-5).

I would recommend every NJ gun owner to read 2C:39-5 and then 2C:39-6 - it's not long and not hard to understand. Just pay attention to the words and follow the references to the other statutes. For this discussion, the important ones for us are 2C:39-5 subsection c. and  2C:39-6 subsections f. and g.

• 2C:39-5: https://law.justia.com/codes/new-jersey/2022/title-2c/section-2c-39-5/
• 2C:39-6: https://law.justia.com/codes/new-jersey/2022/title-2c/section-2c-39-6/

2C:39-5(c) is the "you must have an FID to purchase and possess a long gun"

2C:39-6(f) are the exemptions if you don't have an FID ("Nothing in subsections b., c., and d. of N.J.S.2C:39-5 shall be construed to prevent")

2C:39-6(g) is the famous transport statute - how you must transport a long gun if you do not have a FID and you are under exemptions from paragraph (f).

There are NJ Admin Codes that also come into play for other issues, but these statutes are what all NJ gun owners should read and understand. A lot of the admin code just regurgitates these statutes anyway.

[mazzgolf]

Just now, Nomad said:

Will protect the gun, cause less alarm from the public, and cause you less problems. 

Yeah, that's the other part of this. Legal or not, do you really want to draw attention to yourself and have a Karen call the cops? ("OMG!! There's a guy in camo carrying an assault weapon on a bike... he looks like he's up to no good!") -- note: to a Karen, any long gun is an "assault weapon".

Cop is going to have to respond to that, track you down, ask you for ID and question you and do all that due-diligence. However long that takes, you can then go on your way, realizing it's getting late, your hunt is probably already ruined and you might as well go home.