Are you traveling through New Jersey this holiday season?  What you need to know to stay out of legal trouble in the Garden State

The week before Christmas is here and many people begin their holiday travel this week in preparation for Christmas eve and Christmas day.  With that said, New Jersey, unlike Pennsylvania, maintains various laws and statutes which often create problems for out-of-state individuals and families. 

Guns and Firearms in New Jersey

While Pennsylvania, New York, Delaware and New Jersey neighbor each other, they have different laws regarding the possession of illegal guns, firearms, as well as the possession of illegal drugs and narcotics.  In Pennsylvania while it is illegal to carry a gun or firearm without a permit through the Commonwealth, Pennsylvania does have reciprocity with various states throughout the United States.  New Jersey, however, does not have reciprocity with any state, including Pennsylvania despite sharing borders with it.  If you travel in New Jersey, you should travel with your firearm in a locked gun box, unloaded and the ammunition should be kept in a separate place from the gun. 

You should not travel to New Jersey with a loaded gun as if you are stopped and found with it, you are subject to mandatory minimum sentence (42 months) under New Jersey’s Graves Act.  While Pennsylvania does not maintain any mandatory minimum sentencing with regards to possessions of firearms, it does carry a felony conviction if a person is found guilty of this crime. 

Drugs & Narcotics in New Jersey

In New Jersey, unlike Pennsylvania, the possession of illegal drugs and narcotics is considered a felony level offense.  New Jersey and Pennsylvania do not maintain the same classifications with regards to felonies and misdemeanor crimes.  In New Jersey there is an indictment system and possession of an illegal gun, firearm or narcotics, is considered an indictable crime.  In Pennsylvania, possession of drugs is for the most part a misdemeanor offense while the possession with the intent to distribute an illegal drug or narcotic is an ungraded felony in most situations.

Drunk Driving in New Jersey for out of state drivers  

New Jersey, unlike Pennsylvania, classifies drunk driving as a traffic offense.  Pennsylvania classifies DWI/DUI as a misdemeanor crime.  While both Pennsylvania and New Jersey maintain mandatory minimum sentencing for drunk driving, neither Pennsylvania nor New Jersey can take the driver’s license of an out-of-state resident. This means if you are convicted of drunk driving in Pennsylvania or New Jersey, you do not surrender your license to that particular state as your license itself is the property of your home state. 

While a state can suspend your driving privileges within its borders, it is not able to suspend your driving privileges in your home state or anywhere else.  There is a strong possibility, however, that if your license is suspended in either Pennsylvania or New Jersey, that state will report the offense to your home state.  Your home state, however, may take actions which does not result in license suspension or even fines. 

Our firm wishes you and your family a happy holiday season! For more information on how we can assist you, a friend, or family member, please contact our office and visit our free download section for more information.

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