I won’t be going to New Jersey

The only reason I would voluntarily visit New Jersey is if I could get a no-limit varmint hunting license for the politicians and law enforcement. This has to stop:

Motorists driving through New Jersey can be subjected to a warrantless search if their luggage is similar in appearance to a gun case, an appellate court ruled last week. The Superior Court’s Appellate Division upheld a five year prison sentence against Dustin S. Reininger, a former police officer who was in the process of moving from Maine to Texas when a Readington Township police officer recognized the cases in the back of Reininger’s vehicle as the sort that usually carries a rifle.
During the long trip on March 20, 2009, Reininger became tired and decided to pull off the road in an empty, well-lit parking lot. He stopped his green Toyota SUV, turned off his lights, and went to sleep in the driver’s seat under a blanket. At 3:25am, Officer Gregory Wester knocked on his window and woke him up, shining a flashlight in his eyes.

A jury acquitted him of the charges for possession of the “assault firearms” and handgun possession but convicted him in absentia of illegal possession of hollow-point bullets, shotguns, rifles and a high-capacity magazine. He was apprehended in Texas and extradited to New Jersey.

H/T to JoeyD Sr. for the email who, appropriately, used the subject line of “Fascist States of America”.

14 thoughts on “I won’t be going to New Jersey

  1. And how exactly is treating this guy like a criminal stop actual criminals?

    It doesn’t, because its about attacking us- the normal, law abiding, gun owners. Not criminals.

    • The New Jersey Government has made their point. Taking a nap in New Jersey (without that nap he would have had no interaction with the police) can land you in prison for 5 years.

    • A broad reading of this :
      “The U.S. Court of Appeals for the Third Circuit has also recently held that FOPA’s protections only apply while the firearm is not readily accessible to the traveler, and that a firearm is readily accessible during a hotel stay.…this decision is only binding in New Jersey, Pennsylvania, Delaware and the U.S. Virgin Islands”

      The actual text of the law “during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.”

      FOPA needs fixed.

    • the “contained in a locked container” part of FOPA and his noncompliance with that seems to be the main issue. That and a prosecutor and judge and jury who think pissing away state resources prosecuting, convicting and imprisoning him for taking a nap is a good idea.

  2. The fact that Texas allowed extradition on such charges does not speak well of Texas.

  3. Texas gun laws are as fucked up as any other states is. Expecting them to apply logic to a gun case from another state would be as silly. Just because they are part of the old west fairy tales doesn’t mean they really care for guns all that much. It’s only been a few years since they even allowed any legal carry there.

  4. What is somewhat screwy is that the fed S Court ruled a few years back that wearing clothing, or having articles in your car, that might indicate a connection to firearms was not sufficient Probable Cause to initiate a search of the vehicle or person.
    Now, if the gun case the story mentions is one of those stupid “assault gun” types that are sort of gun shaped with the row of mag pouches down the outside, that might be considered sufficient PC, perhaps. (IANAL)

  5. BTW, the fine for HP ammo is $1k/round!!!, the last I heard. Only legal in your home, and transporting it directly home from the store, IIRC.

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