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.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very fortunate to find Attorney Fred Sisto for my legal case in Ocean County, NJ. He was thoroughly versed in the law and kept me informed at all times. When it came time for my court date, he showed up early and clearly advised me of all possible options. I could not be happier with the outcome Fred was able to negotiate for me. I highly recommend him!
Kelly L
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is the best! He is extremely professional and kept constant contact so I was always in the loop. My charges got dismissed and I couldn't be happier. Would highly recommend!
Ryan T
Google star 1Google star 2Google star 3Google star 4Google star 5
The Best To Ever Do It :)
Sergio A
Google star 1Google star 2Google star 3Google star 4Google star 5
Spot on, 100%
Earl M
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable within every aspect of the law. Highly recommend his talent for your criminal defense.
Will S
Google star 1Google star 2Google star 3Google star 4Google star 5
Muy buen abogado lo rrecomiendo!!
Victor N
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a good lawyer, he is really young yet made me feel confident that my lawful rights were being protected, and investigated all avenues when there was potential they weren't. He is very knowledgeable, and offered great peace of mind in such a distressing situation. I always felt like he had my back throughout the whole process, supporting aspects to my case that didn't even fall within his scope. I would highly recommend Fred.
Amy L
Google star 1Google star 2Google star 3Google star 4Google star 5
I think Fred's alerts are a great service to his audience and a very smart marketing tool. Keep up the good work, Fred.
Charles O
Google star 1Google star 2Google star 3Google star 4Google star 5
Very professional and knowledgeable, also awesome communication and very down to earth guy. Would highly recommend to anyone. Matter was resolved with the best possible outcome that I could've hoped.
Mike A
Google star 1Google star 2Google star 3Google star 4Google star 5
My boyfriend used Fred Sisto twice and had nothing but positive results. Fred was professional, courteous, and punctual. His office was also very attentive and understanding when he had to speak with them regarding his case. I would recommend using Fred to anyone in the monmouth or ocean county region if they had any criminal case regarding the possession of marijuana
C