How will President Biden’s latest executive order change gun laws in Pennsylvania and New Jersey?
Recently, President Biden signed an executive order to increase gun regulation across the country. The order, however, does not target those who possess handgun illegally but rather all potential gun owners! It increases background check and provides additional federal support for them. According to the President, the order is designed to do the following:
- Keep guns out of “dangerous hands”
- Hold the gun industry accountable;
- Support communities impacted by gun violence.
Some of the key points in the new executive order include the following:
- increasing the number of background checks
- improving public awareness,
- accelerating reporting of ballistics data,
- accelerating the enactment of the Bipartisan Safer Communities Act
- and encouraging the Federal Trade Commission to report on how gun manufacturers market firearms to people.
Will President Biden’s executive order change gun laws in Pennsylvania or New Jersey?
Despite this executive order, gun regulation will not change in Pennsylvania but it will increase legal gun regulation in New Jersey. The Commonwealth, unlike New Jersey, does not maintain red flags laws. These red flags laws create a two stage process that issues a temporary and final order to take a person’s otherwise lawfully purchased guns, firearms and ammunition, along with a firearms’ purchaser identification card, handgun purchase permit, and handgun carry permit. The executive order therefore will make regulation in New Jersey even tougher but effectively do nothing in Pennsylvania. The executive order does nothing to increase the penalties or mandatory minimum sentences in New Jersey for those convicted under its Graves Act.
How is Pennsylvania different from New Jersey with regards to its gun laws?
Possession of Firearms in Pennsylvania
Unlike New Jersey, Pennsylvania doesn’t require a license to possess a handgun, rifle, or shotgun within your home or place of a business. If a handgun is being transported in a vehicle through Pennsylvania, without a license to carry, it must be unloaded. Unlike New Jersey, Pennsylvania doesn’t require a permit to purchase rifles, shotguns, or handguns nor does it require a person to register his or her firearms or obtain a license to simply own one. Pennsylvania, however, does require a permit to carry a handgun outside of a person’s home or place of business.
What Are the Most Common Gun Crimes In Pennsylvania?
The most common gun charges in Pennsylvania are Violations of Section 6105, Section 6106, and Section 6110.2 of the Uniform Firearms Act (Title 18, Chapter 61, Section 6101). Section 6105 is the possession of a firearm by a person prohibited by law. Section 6106 is the possession of a firearm by a person without a license. Section 6110.2 is the possession of a firearm which has an obliterated or altered manufacture’s serial number. Section 6108 (Illegal carrying a gun or firearms on the Streets of Philadelphia) is a Misdemeanor Offense.
What Are the Most Common Gun Crimes In New Jersey?
In New Jersey, illegal gun and firearm crimes are what is known as indictable offenses in the Garden State. The most common offenses that our firm handles are 2C:39-4—Possession of a Weapon for an Unlawful Purpose, a crime of the second degree and 2C:39-5—Unlawful Possession of Weapon. Read my prior blog on New Jersey’s Grave Act for more information, especially mandatory minimum sentences
Possession, Selling, or Transferring Guns & Firearms in New Jersey
In State of New Jersey (aka “The Garden State”) the law is much different. It’s illegal to sell, give, transfer, or acquire any type of firearm, including a rifle or a shotgun, unless the buyer possesses a valid firearms purchase identification card and the seller signs a written certification identifying the purchaser. Unlike Pennsylvania, New Jersey requires a license to own a firearm of any type including antique firearms.
Permits to Carry – Pennsylvania vs. New Jersey
It is illegal in New Jersey to even possess a firearm anywhere without a permit to carry and the law doesn’t make distinction between open or concealed carry. Pennsylvania doesn’t require a permit to purchase nor does it require a license to own a firearm including handguns. Like New Jersey, however, Pennsylvania requires a permit to carry a handgun outside of your home or business.
Finally, while Pennsylvania and New Jersey share a river, and 3 bridges, the sharing ends there. New Jersey doesn’t honor a Pennsylvania gun permit.
If you cross over into New Jersey with any type of firearm, you are potentially committing a crime. While Pennsylvania has some tough gun laws, New Jersey has even harsher penalties which include mandatory minimum prison sentences under its Graves Act.
Contact Our Criminal Defense and Illegal Gun & Firearm Lawyers in PA & NJ
Please click here to contact our Philadelphia criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey, Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.
