Thinking of bringing a gun into NJ? Don't
One of fastest ways to go to jail in NJ
Keys Law, LLC
1/31/20264 min read
Bringing a firearm from out of state into New Jersey without ending up in handcuffs is legally possible, but only in very narrow circumstances and with strict rules about how you travel and how the gun is stored. New Jersey’s firearms laws are among the toughest in the country, and the state does not care that your gun and your carry permit are perfectly legal back home. From the moment you cross the Delaware River, you are playing by New Jersey’s rules, backed by harsh penalties and, in many handgun cases, Graves‑Act mandatory‑minimum prison time if something goes wrong.
There are two basic situations to think about: (1) you are just passing through New Jersey on your way from one free‑state location to another, or (2) New Jersey is actually your destination, because you are moving here, visiting family, going to a range, or heading to a hunting spot. In the first situation, you may have some protection under a federal law, the Firearm Owners Protection Act (FOPA). In the second, you are mostly dealing with New Jersey statutes and exemptions, and those are much less forgiving.
If you are traveling from, say, Ohio to New Hampshire and your route briefly cuts across New Jersey, FOPA’s “Safe Passage” provision can give you a defense if the police stop you and discover a gun in the vehicle. But that protection is conditional. To claim it, you must be legally allowed to possess the firearm at your starting point and at your final destination. The firearm must be unloaded. It must be stored in a locked container or in the trunk, not accessible from the passenger compartment. Ammunition must be stored separately and also not readily accessible. And your travel has to be “continuous” other than ordinary travel interruptions—meaning quick stops for gas, a bathroom, or maybe food, but not an overnight at a hotel, a side visit to the Shore, or an afternoon catching up with friends. The more your trip looks like you are in New Jersey “visiting” rather than passing through, the less protection FOPA gives you.
When New Jersey itself is the destination, the law becomes even more restrictive. New Jersey does not recognize Pennsylvania or other out-of-state carry permits. A handgun that you carry concealed every day in Easton or Philadelphia is, by default, contraband in New Jersey unless you have a New Jersey permit to carry or you fall within a very specific statutory exemption. For most ordinary gun owners, those exemptions are limited to travel between places where you are lawfully allowed to possess the firearm: your New Jersey home and a licensed range, your home and a gunsmith or dealer, your home and a lawful hunting location, or between one residence you lawfully maintain and another. “I’m visiting my cousin in Jersey and want my gun in the nightstand” does not fit an exemption. Neither does “I’m keeping it in the hotel just in case.”
Within those narrow exemptions, transport itself is tightly regulated. New Jersey requires that firearms be unloaded and not readily accessible. In practical terms, that means the gun should be in a closed, fastened case, a gun box, a securely tied package, or locked in the trunk. If you are driving an SUV or hatchback without a separate trunk, you should use a locked hard case placed as far from the driver as reasonably possible—not in the glove box, center console, or door pocket. Ammunition should be stored in a separate container, ideally also locked and in the rear of the vehicle. If you use magazines, those magazines must themselves be New‑Jersey‑compliant—generally ten rounds or fewer. Possessing so‑called “large capacity” magazines in New Jersey is a crime on its own, even if the magazines are empty and even if your home state allows them.
Another subtle trap is purpose. Even if your storage method is perfect, if your reason for bringing the gun into the state does not match one of the statutory exemptions, you can still be charged. For example, if you move from Pennsylvania to New Jersey and bring your lawfully owned guns with you, there is a lawful path to do that, but it is not as simple as tossing them in the trunk and driving over the bridge. If you are coming just to shoot at a New Jersey range, you need to travel directly between your home and the range, with the gun stored correctly. Detours, extra errands, or social visits in between can give a prosecutor room to argue that your possession fell outside the exemption, including “just running into New Jersey for gas.”
The bottom line is that New Jersey starts from a very skeptical place: it assumes most out‑of‑state possession of handguns is illegal unless you can show that you clearly fit into an exemption or a narrowly drawn federal safe‑passage scenario. Because of the Graves Act and related laws, the consequences of getting this wrong are severe. A single misstep—an overnight stop, a loaded magazine in the glove box, a “just in case” handgun in a hotel room—can turn an otherwise responsible gun owner from Pennsylvania or Ohio into a felony defendant facing years of mandatory prison and a lifetime record.
For many people, the safest and most realistic legal advice is simple: if you do not absolutely need to bring a gun into New Jersey, leave it at home. If you must travel with a firearm that will cross into New Jersey—because you are moving, because you are transporting a collection, or for a very specific lawful purpose—speak with a New Jersey firearms attorney in advance. Have them walk you through the exact route, purpose, and storage method, and be prepared to follow that plan to the letter. In this state, when it comes to guns, “close enough” is not good enough.
