Traveling o.k.?

R

reinert

New member
Dear Forum guys,

A hypothetical here; Let's say my wife and I want to travel from coast to coast on a BIG vacation (and just for the story's sake, I'll probably go through almost all of our beloved lower 48) with a semi-auto, 9mm handgun. I don't have a ccw from my own state, nor one from any other state. I have a travel bag with all my personal stuff in it, and, in a locked, padded, plastic case is my 9.

The handgun is unloaded, and again, locked in its case, with 2 loaded magazines packed in a separate snap sheath that are stored in the little hatch/trunk in the rear of my SUV. My travel bag (with my 9 in it) sits next to my wife's travel stuff right behind our seats as we drive along our merry way.

I would imagine that if I don't break any traffic laws while driving, and don't get pulled over for anything and asked to declare if I have any firearms in my vehicle, I'd probably get by with it. But what would generally happen if for some reason I'm pulled over and asked if I had any firearms in my vehicle, and I show them exactly what I have, and how its stored in my vehicle as my wife and I travel. Am I o.k. traveling this way? Is my 9 and its ammo within the law universally in the lower 48? What say you?

Thanks for your time,

reinert
 
4

45Gunner

New member
My suggestion would be to Google the firearms laws of the States you intend to travel thru or stop by a gun store and by a book that addresses your very issues i.e., traveling with firearms.

I can't speak for all of the country but here in Florida, if you do not have a CCW, you can transport a gun as long as that gun is not easily accessible. It can be in the glove box or the trunk and should be in a locked case.

Check the laws and don't rely on other people's advice...someone could inadvertently give you bad advice. As I see it, the problem becomes how accessible is your firearm if the situation arises that you may need it? Do you keep it handy in violation of the law, knowing full well that it could mean being arrested?
 
G

Glenn E. Meyer

New member
It seems that you want to rely on Fed. law to give you cover in all states. There seem to be horror stories in some states like NY where you don't beat the ride.

I'd really research this and I'm not so sure that being a tourist in a state is covered by transit provisions of the law.

But I'm not a lawyer but that's what would worry me.
 
C

Chuck Dye

New member
FOPA, the Firearms Owners Protection Act of 1986 basically says that if your possession of the gun is legal at your starting point and legal at your destination, the gun is stored unloaded in a locked case separate from ammo and inaccessible (trunk or rear of station wagon/SUV,) then local law en route does not apply. Do a search and familiarize yourself with FOPA, including reading the actual law, my synopsis may not be trusted.

You may also want to do a search on FOPA violations. Several years ago, I encountered articles detailing how travelers, who were reported to be in FOPA compliance, went through bureaucratic hell when local authorities in rural New York took their guns anyway, saying FOPA could be ignored.

The one time I have been asked, I had asked a Seattle PD (I am an Oregon resident, the truck I drove clearly from OR) sergeant about the safety and legality of parking overnight on the waterfront near Boeing Field. The sergeant responded by asking if I had a gun. I answered that that is a don't-ask-don't-tell question. The sergeant chuckled and said I'd be fine. ;)

(Yow! I have to learn to type faster or write less.)

Edit to add:

TITLE 18 > PART I > CHAPTER 44 > § 926A

§ 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, 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.
 
Last edited:
R

reinert

New member
Thanks guys,

This is the stuff I'm looking for. You all know how the shop talk at work goes, or when you're with some good shooting buddies after everybody's had a couple of cold ones; it's, "Well I heard this..." or, "I heard that..." and on and on, and one lies, and the next one swears to it. And everyone leaves the room with a lot of questions...at least some of us. The ones that say "you'd best find out before you leave, because I don't know...," are the guys I trust. I do appreciate the comments.

Thanks again,

reinert
 
J

jonnyc

New member
I think there is also a big difference between traveling and when you're stopped. Check on this, but I think that when you are stopped, "camping" somewhere, the gun can be loaded as if you're home or in a hotel room (assuming of course that local laws allow this). You will also want to check on any FMJ/JHP concerns...ie. No JHP in NJ!
 
B

Bud Helms

Senior Member
You must be traveling through the state to use the protection of FOPA 86.

assuming of course that local laws allow this
Click to expand...
introduces the possibility that the laws are friendly enough to not need FOPA 86 protection.

You may be ready for a rest from behind the wheel with a 200 mile stretch of unfriendly state in front of you and 100 miles of it behind you, but FOPA 86 was not passed to accomodate your convenience or need for rest. It was passed for you to get your personal weapon from one friendly state where possession is legal to your destination, where it also must be legal, without sniping by the locals at roadblocks and such, or by auto tag profiling.

Generally though, if you stop for a nap in a Rest Area that is on an Interstate highway and leave your firearms stowed as though you are still going down that same Interstate highway, you will be okay. Same for stopping to gas up or eat. If you venture off into downtown shopping excursions and visiting friends overnight, you may well lose that federal protection.

Don't tempt the local enforcement into interpreting their statute's applicability against the federal statute. Keep traveling.
 
You must log in or register to reply here.
Top