NJ Charges Out-of-State LEO With Felony for Having His Legal Gun With Him

[hufnagel]

"When dealing with guns, the citizen acts at his peril." State of New Jersey v. Joseph Pelletier

If I dropped a $100 bill and it landed two feet inside the NJ state line, hufnagel or rsa-otc could have it.

2 feet inside the NJ state line would put that bill in places I wouldn't want to go regardless of the condition of the sun. I like my life and my exit-only orifice to remain exit-only.

[Dagga Boy]

This may be a good case for the equal liberty application.....like gay marriage. Just remember, NJ hates you as a gun owner. Why anyone would voluntarily go there is beyond me. The one time I was there was so bad just transitioning through the airport was enough that I will never take a trip again if there is a scheduled stop in NJ.

[voodoo_man]

I've dealt with this a few times...

Some PA CO's are not covered under LEOSA. His department would be the authority on this, as would the state police.

[Wayne Dobbs]

NJ is a world of its own for sure. But, having said that, I fly into and out of Newark several times a year on Colt business and carry on LEOSA (sans hollowpoint ammo, of course). I haven't had the first bit of a problem and don't even get a reaction when I declare firearms at check in there.

[SeriousStudent]

I do not understand something, since it was not mentioned in the article, and I could not find a followup that explained it.

Was he actually arrested and taken into custody in New Jersey? Or did a New Jersey LEO travel into PA and arrest him?

If the latter, I would have LOVED to have been a fly on the wall at an extradition hearing. "You want to do what??"

[KeeFus]

I do not understand something, since it was not mentioned in the article, and I could not find a followup that explained it.

Was he actually arrested and taken into custody in New Jersey? Or did a New Jersey LEO travel into PA and arrest him?

If the latter, I would have LOVED to have been a fly on the wall at an extradition hearing. "You want to do what??"

They let him go on the scene then a few days later called him to come back so they could charge him.

[BehindBlueI's]

Or did a New Jersey LEO travel into PA and arrest him?

If you want someone arrested who's out of your jurisdiction, you get a warrant and arrange service with the locals or with the Marshals. When I'm out of state, I have no arrest authority outside of whatever citizen's arrest authority everyone has. Other than a very few exceptions like concurrent jurisdiction, the person will be arrested by the local jurisdiction (sheriff's dept, for example) on the warrant, and then extradited back to your jurisdiction. Sometimes if a guy has been really naughty, there's a queue as multiple jurisdictions will want to chat with him.

[HCM]

They let him go on the scene then a few days later called him to come back so they could charge him.

My guess would be they called him to come pick up his gun and arrested him when he showed up.

[TGS]

In NJ, it is a felony to have a firearm in your possession unless under an exception. Those exceptions include being on (or traveling between) your property or place of business, range, hunting, or an FFL.

As mentioned, he's not covered under LEOSA as he doesn't meet the definition of a LEO. Some correctional officers do, most don't. Federal BOP qualifies, I think both NY and NJ state corrections officers also qualify.

While the entire thing stinks, the entire issue is actually very cut and dry. Also, stating they charged an out-of-state LEO is acutely misleading. I do hope he gets a pardon.

NJ is a world of its own for sure. But, having said that, I fly into and out of Newark several times a year on Colt business and carry on LEOSA (sans hollowpoint ammo, of course). I haven't had the first bit of a problem and don't even get a reaction when I declare firearms at check in there.

LEOSA was amended to specifically include ammunition. If you're afraid that isn't strong enough, then you shouldn't be carrying a gun in NJ either since you're relying on the same law to allow you to do such.

[Wayne Dobbs]

LEOSA was amended to specifically include ammunition. If you're afraid that isn't strong enough, then you shouldn't be carrying a gun in NJ either since you're relying on the same law to allow you to do such.

I know it was amended to include ammo, but their Attorney General has rendered opinions since that hollowpoint ammo is still verboten in the Reich of NJ under LEOSA. I don't want to be a test case there.