Rules and Regulations for Holsters in NJ

What are the Laws for Gun Holsters in New Jersey?

New Jersey is now a concealed carry state after the Supreme Court decision in the case of New York Pistol and Rifle Association vs. Bruen came down last year. That means you may carry a concealed handgun on your person with the appropriate permit.

Do I Have to Have a Holster for my Gun in NJ?

The concealed carry laws in New Jersey require that you obtain a permit and holster your firearm. You may not carry a weapon out in the open, only hidden in a legal holster unless you are a security officer or another individual with special permission to open carry. However, you have other legal obligations when you conceal carry a handgun.

What are the Requirements for a Holster to Carry a Firearm in NJ?

The holster must conform to specifications. For example, the holster must be the right size for the gun. It must hold the handgun firmly and cover the firearm’s main body, covering the trigger. So, the holster must be a sheath or device that securely holds the gun in a ready position but also covers the firing mechanism so it is inaccessible while in the holster. A sheath that merely slips over the weapon is not compliant.

What are the Penalties if You Violate the Rules for Holsters in New Jersey?

Consider the following: even if you have a state-issued handgun carry permit, it is a fourth degree crime to carry an unholstered gun in public or to carry a firearm in a non-compliant holster. Also, waving or displaying a weapon for insufficient reason is unlawful. A handgun owner may not pull a gun out of its holster to wave it around and show it off in public. In addition, the law allows a gun owner to carry no more than two guns. Violations are fourth degree felony offenses.

On the other hand, it is a second degree offense to leave your handgun outside of its holster in a vehicle unless it is unloaded and secured away in a container or fastened to be inaccessible to the driver and passengers and invisible to outsiders. Compliance requires the gun – separated from ammunition – to be in a gun box, gun safe, or other fastened case out of plain sight from the outside. The penalty for second degree unlawful possession of a firearm in New Jersey is five to ten years in state prison.

Can You Drink Alcohol while Carrying a Gun in NJ?

Other regulations that a permitted concealed carrier should be aware of are the prohibition against carrying a firearm and ingesting mind-altering substances, such as alcohol and drugs. It is illegal to be under the influence of these substances while carrying a handgun. The penalties for carrying a weapon while under the influence include a maximum of 18 months in prison and up to $10,000.00 in fines for a fourth degree criminal violation.

Do I Have to Tell an Officer that I’m Carrying in New Jersey?

In addition to legally holstering and handling their handguns, concealed carry permit owners must also abide by their duty to disclose to a police officer that they are carrying a gun on their person or in their vehicle. They must not hesitate. When the police stop an individual with a firearm, they must immediately tell the officer that they are carrying a concealed firearm in their holster or car, and show the officer their permit. Failure to disclose is a fourth degree crime.

Additionally, failing to present a gun permit is a disorderly persons offense, punishable by up to six months in jail and a $1,000.00 fine. Also, if you are under criminal investigation, failing to turn over a firearm to an officer upon the officer’s request is a fourth degree crime. That means when an officer stops a person on the street or somewhere else, or an officer pulls someone over, the carrier has a legal obligation to disclose their concealed handgun or they can face criminal charges.

Convictions for gun law violations carry lengthy prison sentences. Also, many gun charges fall under the Graves Act, which mandates that convicted defendants serve minimum sentences. A Graves Act crime requires a convicted defendant to serve one-third to one-half of their sentence before parole eligibility. Given the likelihood of steep penalties, those charged with concealed carry gun violations ought to consult with a skillful gun defense attorney.

Charged with Failure to Have the Right Holster for Your Weapon in NJ?

An arrest for a gun law violation in New Jersey can be confusing and frightening. If you face gun charges anywhere in New Jersey, an experienced firearm defense attorney at The Tormey Law Firm with a long history of defending clients against firearms-related prosecutions can design a defense strategy for you. Although you may have inadvertently violated a law, the state takes these cases seriously and prosecutors do not back down on people charged with gun offenses. Fortunately, our former prosecutors and aggressive weapons defense lawyers are skilled at negotiating favorable plea agreements, obtaining Graves Act waivers, and winning not-guilty verdicts at trial. We also use our extensive knowledge of NJ gun laws to get key evidence thrown out using pre-trial motions to suppress. Our attorneys have obtained countless victories in gun cases involving illegal searches and seizures, as well as unlawful traffic stops and other grounds for suppression of evidence that ultimately, cannot be used against our clients.  Find out from an NJ gun lawyer on our team how we can help raise valid defenses to concealed carry gun violations. Call (201)-614-2474 for a free consultation.