Traveling

[Selfdfenz]

Have an up coming trip planned that will take me through Tenn, NC, Arkansas, Loiusana and Texas. All by car.
I plan to take along a handgun but it will be secured in the trunk during transit.
What is the likelihood I would run into problems if stopped by an LEO?
Is it best to volunteer that I have a weapon or not.
I have a permit for concealed carry but it is not recognized in NC.
Just mining the knowledge.
Thanks in advance.
S-

 

[treeprof]

Visit packing.org and buy a copy of The Traveler's Guide to the Firearm Laws of the 50 States. Both vlauable.

Carrying an unloaded weapon secured in trunk is in general compliance with Fed law on such matters in any state, as long as you are "passing thu".

Never volunteer anything, no matter the circumstances.

 

[TaxPhd]

The FOPA of '86 addresses this.

If the gun is legal at your point of origin and your point of destination, it is legal anywhere in between, if secured in the trunk, or other non readily accesible area.

This does not provide for you to carry concealed.

I would not volunteer that I had a firearm, unless I was in my home state and the CCW provisions required me to inform an officer.

 

[Ala Dan]

TaxPhd stated some very good point's. I know that the
southern state's of Tennessee and North Carolina
frown on outsider's passing thru with any kind'a
firearm; whether is secured, or not. Just a little fuel for
thought-

* I won't go into lengthy details, but a few years ago a
upstate (east coast) LEO was traveling up one of North
Carolin'a interstate's at a high rate of speed. When the
good ole' trooper pulled his vechile over and asked did
he have any weapons in the car; the upstate officer
replied, YES I have my duty weapon in a suitcase, back
in the trunk. The state trooper made the upstate lad
get out, open the trunk, and remove the weapon.
As it turns out, the weapon was confiscated and
the east coast LEO was cuffed and stuffed into the
back of the trooper's patrol car, and eventually toted
off to the nearest county jail; where he remained for
a "hearing", before a judge. All said and done, fines
paid etc, the judge would not release the officer's
duty weapon. Bottom Line: The east coast LEO being
a member of the N.R.A., hired the N.R.A.'S Legislative Action Committe to retrieve his gun; which they did without
any hesitation.


**
This article appeared in an old back issue of The American Rifleman magazine.

Best Wishes,
Ala Dan, N.R.A. Life Member

 

[Selfdfenz]

Thanks for the info.
The story in the above post is exactly what I am afraid of.
While I have a permit I still feel like any trooper having a bad day could make an issue with my transportation of a weapon and seize it and/or really jam me up with fines etc and take the weapon.

The fact that the upstate LEO was speeding opened the door for a gun grabbing State Trooper to ruin his day. Who can afford the legal fees to get a firearm unarrested.

I did not find the packing site very useful. No explicit answers.

Funny thing is, I believe NC allows residents to carry weapons in their cars unconcealed where ever they choose to go but an out of stater with a permit and the weapon secured in the trunk is fair game. Says alot about the mind set of state goverment and LE in NC does it not?
S-

S-

 

[Selfdfenz]

Called the HP in Arkansas and Tenn. and the Atty Genl's. Office in NC.

I posed the question in this manner: Given that a handgun is unloaded and trigger locked and in a locked container and the ammo is stored separately would I be in violation of any law transporting in this manner if the FA is also locked in the trunk of my car.

NC AG No
Tenn No
Arkansas No.

Did not get to the other states yet but the responses so far are favorable.

BTW all three calls were answered by very nice people. The Guy in NC was just an absolute credit to the State. Professional ++

S-

 

[treeprof]

Selfdefenz - This is as specific as NC gets (link is on packing.org):

http://www.jus.state.nc.us/NCJA/firearms.htm#transporting

Here's an ATF FAQ that adresses your dilema (last question):

http://www.atf.treas.gov/firearms/nlc/ffl/info/genquest.htm

Here's the official US code re transport of firearms that Tax PhD referenced:

http://www4.law.cornell.edu/cgi-bin...e/18/926A.html#muscat_highlighter_first_match


Don't make too much of isolated horror stories. I have traveled and worked a LOT in NC, and on the interstates you REALLY have to be flying to get a ticket anyway.

Don't give anyone a reason to stop you.

DO NOT answer "fishing" questions unrelated to the offense if you do. A firearm being transported according to code is legal regardless of local LEO preferences. And again, I've never had a problem with NC or TN LEOs in 9 yrs of travelling in in both states.

Relax, have a safe trip and enjoy the Southeast on your way thru. Even better, detour thru GA and you can carry a loaded handgun exposed on your seat, in the glovebox or in the console w/out problem. We have very friendly traveller's laws.

Edit: See after I posted you have already got some of this nailed down.

 

[Selfdfenz]

many thanks

treeprof and all,
Much thanks for going to the effort to pull up the references.
I've made the decision to carry with the FA secured in the trunk.

Have a safe and relaxing 4th.
S-

 

[StephenT]

Selfdfenz, you should be Ok if you keep the gun unloaded in the trunk. I faced the same situation when I took my road trip out to New Mexico and Arizona 10 days ago (didn't go to Yellowstone after all) If you don't like supporting small towns along the interstate or don't like the idea of losing your gun, use a CB radio and a good radar detector. I drove 3200 miles in 5 days and zero tickets.