NJ Pennsylvania Gun Owner Arrested in New Jersey: What You Need to Know

Gun laws can be tricky to navigate, especially when crossing state lines. This issue has come to the forefront recently with the case of a Pennsylvania gun owner who was arrested in New Jersey for unlawful possession of a firearm. As a New Jersey criminal defense lawyer, I want to break down this complex issue and discuss the broader implications.

The Case That Sparked Discussion

In October 2021, a 23-year-old Pennsylvania man named William R. Pillus was indicted on charges of bringing ghost gun kits from Pennsylvania to New Jersey. Ghost guns are untraceable firearms assembled from kits purchased online or created with 3D printers. Pillus was allegedly transporting these kits to New Jersey with the intent to manufacture illegal firearms. This arrest sparked discussion about differences between gun laws in the two states.

New Jersey’s Strict Gun Laws

New Jersey has some of the strictest gun laws in the nation. Unlike Pennsylvania, you need a permit to purchase and carry firearms in NJ. The state also bans assault weapons and large capacity ammunition magazines. Ghost guns are illegal here too. There are serious penalties for violating NJ’s gun laws:

• Unlawful possession of a firearm is a 2nd degree felony with up to 10 years in prison
• Unlawful possession of an assault firearm is a 3rd degree crime with 3-5 years in prison
• Possession of large capacity ammunition magazines is a 4th degree crime with up to 18 months in prison

As you can see, NJ does not mess around when it comes to illegal firearms. Many lawful Pennsylvania gun owners get tripped up by our strict laws when traveling here.

Pennsylvania’s Looser Gun Laws

In contrast to NJ, Pennsylvania has relatively loose gun laws. The state issues concealed carry permits to residents and non-residents. PA also allows the sale of assault weapons, high capacity magazines, and ghost guns. There is no permit, background check, or registration required for purchasing shotguns, rifles, or handguns from private sellers.

So a Pennsylvania resident may legally obtain firearms that would be illegal in NJ. However, they cannot necessarily bring those guns across state lines. This is where lawful PA gun owners often run into trouble.

Interstate Travel Issues

The general rule is that gun owners must comply with the laws of the state they are traveling in. There are exceptions for transporting firearms through NJ under the federal Firearm Owners Protection Act (FOPA). But many PA residents are unaware of the nuances and exceptions in NJ’s laws.

For example, in 2014 a Philadelphia mom was arrested in Atlantic City and charged with unlawful possession of a firearm. She had a valid PA permit but did not realize it was not applicable in NJ. Situations like this demonstrate the confusion surrounding interstate firearm transportation.

Defenses in Unlawful Possession Cases

If you are a PA resident charged with unlawful possession of a firearm in NJ, there may be defenses in your case. For example, FOPA allows transport of firearms through NJ under certain circumstances, such as:

• The gun is unloaded and in a locked container
• You are traveling directly to/from a shooting range, hunting trip, etc.
• You do not stay in NJ longer than necessary for travel

An experienced New Jersey gun crimes lawyer can argue you were exempted from NJ’s laws under FOPA. There are other creative legal defenses as well, like arguing you did not “knowingly” possess the firearm or that it was inoperable.

In one case, our firm got gun charges dismissed for a client who had an expired PA permit. We showed the judge he made an honest mistake and had no criminal intent to break the law.

Takeaways for PA Gun Owners

If you are a Pennsylvania resident who owns guns, keep these key points in mind to avoid legal issues when traveling to NJ:

• Educate yourself on NJ’s strict gun laws before crossing state lines
• Do not bring firearms to NJ that are illegal here (assault weapons, ghost guns, etc.)
• Transport guns unloaded and locked up, going directly between lawful places
• Consider applying for a NJ carry permit if you travel here often
• If arrested, hire a skilled NJ criminal defense lawyer to protect your rights

While PA and NJ have very different gun laws, being proactive and informed can help lawful Pennsylvania gun owners stay on the right side of the law. Never hesitate to contact an attorney if you have been charged with unlawful possession of a firearm in New Jersey.