Last month, the New Jersey Attorney General issued "Guidelines Regarding Reasonably Necessary Deviations in the Course of Travel Exception for Transporting Firearms." The entire memo is available here:
http://www.nj.gov/oag/newsreleases16/Transporting-Firearms_Guidelines.pdfThe Guidelines do not give clear yes/no answers; it it doesn't even try to do so. Instead, it offers insight into how police are supposed to analyze the facts. Some of the highlights from the Guidelines are:
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The deviation must be both necessary - as opposed to merely optional - and reasonably so, from an objective rather than a subjective viewpoint."
"While not an exclusive list, some examples of purposes for stops or detours in the course of
travel to or between two locations that would qualify as reasonably necessary include: collecting
and discharging passengers; purchasing fuel, food and beverages, medication, or other needed
supplies; using a restroom; or contending with an emergency situation.The directness of the route may also be a factor; the more direct the route between the points of origin and destination, the more likely the exemption is to apply. An excessively circuitous route weighs against the applicability of the exemption, while a more direct route with only a minor deviation or two suggests that the exception applies ( although not if the deviation were for a frivolous or unnecessary purpose).Keep in mind that for the travel exception to apply, the firearm must be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile. See N.J.S.A. ยง2C:39-6(g).
