Updates on Permits to Carry Firearms (Part 8)

by | Oct 31, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The list of “sensitive places” and prohibitions concluded with the following in relevant part: (b) To obtain approval for the possession of a pistol or firearm within a casino or casino simulcasting facility, a person shall be required to demonstrate that: 1. He or she has received an adequate course of training in the possession and use of such pistol or firearm; 2. He or she is the holder of a valid license for the possession of such pistol or firearm; and 3. There is a compelling need for the possession of such pistol or firearm within the casino or casino simulcasting facility.

(c) Each casino licensee shall cause to be posted in a conspicuous location at each entrance to the casino and casino simulcasting facility a sign that may be easily read stating: “By law, no person shall possess any pistol or firearm within the casino or casino simulcasting facility without the express written permission of the Division of Gaming Enforcement.” R.2015 d.125

Cities and Towns can have ordinances concerning firearms. The state gives them this authority.

The United States Court of Appeals For the Third Circuit has ruled that Section 926A of Title 18 of the United States Code only protects those traveling by vehicle and does not cover a person transporting a firearm through an airport terminal to board an aircraft with an unloaded secured firearm in a locked box to be declared and in checked baggage to the airline.

See Nat. Park Ferry Service to Liberty/Ellis Island & Statute of Liberty Monument Prohibited Items on the Ferries and Park Property ALL weapons, including firearms, ammunition, BB guns, compressed air guns, pellet guns, realistic replicas of firearms, starter pistols, flare guns, tasers, stun guns, shocking devices, throwing stars, hand cuffs and hand cuff keys, replica weapons, gun powder, gun and/or firearm parts, swords, sabers, billy clubs, black jacks, brass knuckles, martial arts weapons, night sticks, nunchucks, any dangerous items, any “dual-use” items that could be dangerous. All of these items are strictly prohibited on the ferry and in the park.

An interesting issue arises if a casino or “casino simulcasting facility” does not conspicuously post the required sign. It is unclear if a permit-to-carry holder who unwittingly carries a firearm inside under those circumstances can still be prosecuted for the third degree crime. It is also unclear if the casino or its responsible employee(s) can  be prosecuted or otherwise punished for failing to post the required sign.