As in most states this question is the subject of many hot debates. Can you transport loaded magazines in your vehicle as long as they are not in your firearm. Many cases have been argued but one in particular in New Hampshire has set the presidence for all other rulings.
The New Hampshire Supreme Court was forced to clarify the meaning of “loaded” in a gun case which was ultimately thrown out earlier this month.
Oriol Dor was arrested for carrying a loaded gun – even though it did not contain a magazine or even a single bullet in the chamber.
The loaded gun definition case began in May when police officers discovered an unloaded semi-automatic .40-caliber pistol in Oriol Dor’s car. While a magazine was sitting next to the gun in the glove compartment, it was not inside the firearm and the pistol’s chamber was empty. Despite the obvious unloaded nature of the gun, Dor was still charged and ultimately convicted of a Class A misdemeanor. The “knowingly carrying a loaded pistol” charge carries a $2,000 fine and a penalty of up to one year in prison.
Dor’s attorney rightfully argued that since the semi-automatic .40-caliber gun was not loaded, no crime had been committed. New Hampshire state laws prohibits citizens from carrying a loaded gun concealed on their person or in their vehicle without a license.
The statute reads: “A loaded pistol or revolver shall include any pistol or revolver with a magazine, cylinder, chamber, or clip in which there are loaded cartridges.” The word “with” posed a problem for Dor. The prosecuting attorney argued that because the magazine was near the .40-caliber semi-automatic pistol it was actually indeed “with” the gun and constituted a crime.
Dor understandably appealed the gun charge and ultimately found himself in front of the New Hampshire Supreme Court. Common sense prevailed in the state’s highest court. The state Supreme Court justices resulted to an old school educational tactic – they brought out a dictionary and looked up the words “with” and “loaded.” Webster’s New Dictionary and Thesaurus defines “with” as: “denoting nearness, agreement, or connection.” New Hampshire police officers and the prosecuting attorney interpreted the meaning to prove that the magazine was actually with the gun because it was near it in the glove compartment.
Dor’s saving grace came when the term “loaded” destroyed the state’s illogical gun possession charge. The same edition of Webster’s defined loaded as: “containing an explosive charge.” The New Hampshire Supreme Court added that “loaded” is the past participle of the word “load,” which is obviously a verb. The definition for the word “load?” “To put a load on or in a carrier, device, machine, or container. Specifically, to insert the charge or cartridge in the chamber of a firearm.”
The justices also noted in their ruling that words and phrases are not read in isolation, but in context with the entire statutory intention. The justices refused to expand the definition of the word “loaded” to the broad nature that the prosecuting attorney and lower court wanted.
“Under the State’s reading,” the justices ruled, “a person of ordinary intelligence would have to guess at how ‘near’ a pistol or revolver must be to a loaded magazine or clip to constitute a violation of [the law]. In contrast, interpreting a ‘loaded pistol or revolver’ as a pistol or revolver containing a cartridge in any position from which it can be fired eliminates the uncertainty: a pistol or revolver either contains a cartridge in such a position or it does not.”
While Dor will not be going to jail, he likely had to spend far more than the fine which accompanied the gun charge to refute the ridiculous charge which hinged upon the accepted definition of the words “with” and “loaded.” The time and money the New Hampshire legal system spent dealing with this outlandish case could surely have been put to better use elsewhere.
Ok, that's New Hampshire, what does New Jersey say? The answer to that can be found in the Email correspondence between the New Jersey State Police and this shop owner in 2018. When questioned by this shop owner, what is the proper way to legally transport a firearm and magazines their response was quite clear and specific. See the Email image below for the answer.
Plumsted arms is getting ready to release their newest and most productive web site, V2.3. This magento shopping cart system features many new enhancements, including this new "Blog" system. Our customers will get the ultimate platform to perform any firearm purchase or transfer. Among other features this web site has custom forms to allow our users to enter transfer information, pre-load NICS information, and upload FFL shipping information. There is even a special section devoted to New Jersey's Face To Face transaction laws.
The Blog section of the web site will be used to provide up to date information about New Jersey firearm laws, shooting ranges in our state and what they are doing, FFL promotions and specials specifically targeted at Plumsted Arms customers, and up to date news about the firearm industry.
Bookmark the site so you can stay up to date on everything firearms.
Plumsted arms is now a listed Premier STI dealer, the only one in the New Jersey area. This means we can bring you the best prices on the ultimate firearm, the premier competition and carry firearms the industry has to offer. Contact Plumsted Arms to discuss your dream STI firearm.
Central Jersey Rifle & Pistol Club was founded in 1960 by a group of shooting enthusiasts who wished to have a place to safely pursue their passion for shooting sports. As a member-owned organization, we can choose what types of activities we want for "OUR" Club. Through the years, we have expanded our facilities to include a a wide variety of ranges, activities, and organized events. Through a recent acquisition of adjoining property we have increased the physical size of our facility to over 180+ acres.
Central Jersey Rifle & Pistol Club has and will continue to promote shooting sports by offering a safe, secure, and private facility that can be educational for the novice shooter and offer a challenge to even the most seasoned pro. Our member elected Board of Directors shares this vision, and is always looking for ways to improve or expand our facilities. Our goal is to help introduce the whole family to shooting sports, as well as stress the safe handling of firearms.
Whether you are a "Novice" or a "Pro" you are always welcome to participate in ALL club sponsored events.
Founded in 1963, Old Bridge Rifle and Pistol Club is an NRA affiliated, private shooting club with a roster of over 850 members. Our Facilities are first rate and extensive, consisting of both Indoor and Outdoor facilities.
Our mission is to encourage organized rifle, pistol, black powder and shotgun shooting among citizens of the United States of America, residents in our community, with a view towards a better knowledge on the part of such citizens of the safe handling and proper use and care of recreational firearms, as well as improved marksmanship
Our Indoor range is located on a 10 acres wooded site and consists of a 25 yard, 12 point shooting area attached to a large clubhouse. Here you may shoot most handgun calibers, air rifle and pistol and .22 caliber rifle. This range is available 24 hours a day, 7 days a week. (Magnums and shot-shells are prohibited)
Our Outdoor range has 7 ranges the longest being 100 yards. There is no restrictions as to caliber on these ranges so if you legally own it, you can shoot it. There are four 25 and two 50 yards ranges suitable for pistol and rifle use as well as a separate trap range suitable for shotgun use. This range is available 7 days a week from 9 AM to one half hour before dusk.
For today’s build of the week we have a special rifle from our friends over at Fortis Manufacturing. This specific AR15 was assembled with international trade shows in mind. Utilizing the best parts offered by Fortis as well as some goodies thrown in from a few other big companies in the industry, this rifle is top of the line.
To start, the Fortis billet upper offers extreme rigidity to the platform and when matched with the Rainier Arms Precision Match Grade BCG and 16 inch match barrel this rifle is easily capable of making hits well over 600 meters accurately. The Fortis muzzle break fitted on the front is one of our top selling brakes and works well to mitigate recoil and allows for faster follow-up shots when needed. The Hammer charging handle, also made by Fortis, is a non ambidextrous option that matches well with the looks and ascetics of the build.
The rail system on this rifle is something unique in the vast sea of various rails and handguards. The SWITCH Mod 2 rail system by Fortis, offers easy access to the barrel, gas tube and gas block simply by pulling up on the lower tab and sliding it off. In some builds that utilize an adjustable gas block, the process of actually adjusting it can be a pain or downright impossible. With the SWITCH rail, once you slide the rail off you can easy tune the gas to that perfect setting. The aluminum construction of the rail makes it one of our lightest options we offer currently and when paired with the Fortis Shift short angled grip, the two make for a streamlined and highly functional rail system.
Sitting atop the upper is the Viper PST 1-6X24 optic. This variable power scope has been one of our top selling options and offers the shooter the power to increase the capability of their rifle. For a long time the options for optics were either red dots, high powered scopes, or fixed powered options like the legendary ACOG. Now, with more and more variable power optics on the market, things are changing quickly. Optics like the Viper PST allow shooters to use their rifle in a variety of different situations, whether that be close quarters or long range.
As we move down to the lower, things continue to stay interesting. The billet receiver is a matched set with the upper and offers some lightening cuts and flourishes that help distinguish Fortis’s lowers from others in the market. Something they take great pride in.
Internally the rifle is fitted with a CMC 2 stage match trigger which offers a ultra crisp feel with no creep prior to the hammer release.The clean trigger break has no grittiness whatsoever. When taking shots as range, spending the money on a high quality trigger can make a big difference in the accuracy and the speed of secondary shots.
One of the most noticeable things about this lower is the stock. The Fortis LA stock is a super light-weight aluminum and carbon fiber option that gives the build a space age feel, as well as matches the clean lines of the rest of the receiver. The stock comes with 3 QD sockets and a patent pending lever action design that clamps down onto standard mil spec buffer tubes which eliminates any rattle or movement. The design is truly one of a kind.
Last but not least, we have our accents pieces, enough to make Goldmember happy. Both safety and magazine are made by Fortis and come in a variety of colors. The safety itself can be purchased as a 50 degree or 90 degree switch which usually comes down to user preference. The end plate and K1 system is a special design that do not require any ratcheting or use of set screws. That also means no backing out and no failures. The ultra precision fit allows the castle nut to seat itself into place.