Okay, I understand the right to travel with a properly stored weapon & passing through various states. If we stop with our camper (even for one night) in a state where I do not have a concealed carry permit, do local laws come into effect immediately when we stop for the night? If I understand things correctly, this could be a problem in some states (New York, etc.). While on a trip, I would consider our camper our residence. Does this change things?
Legal question about traveling with a firearm
- Thread starter MRA
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Having or not having a carry permit doesn't matter.
In NY you must first establish residency before you can apply for a pistol permit. You also must have a NY permit to possess a handgun in NY.
Technically, in MD, you must also establish residence before buying a firearm.
I would say yes.
In NY you must first establish residency before you can apply for a pistol permit. You also must have a NY permit to possess a handgun in NY.
Technically, in MD, you must also establish residence before buying a firearm.
I would say yes.
Bad idea IMO
QuebecoisWolf
Ultimate Member
Very bad idea for pistols. Hypothetically speaking, if you're a Virginia CCW permit holder and you drive from Virginia to Maine, nearly every state you could pass through is going to have a serious problem with you having a loaded handgun, even if you don't leave the car:
-Maryland
-New Jersey
-New York
-Connecticut
-Massachusetts
-New Hampshire
-Maine
Edit: As a rule of thumb, interstate commerce only protects you if you're bring along a gun for a specific reason such as a shooting competition, hunting, etc. Some states, especially out west, are pretty cool about out-of-state CCW permit holders visiting. Other states don't give a nat's toenail about what the Federal Government has to say. Massachusetts, New York, Washington DC, New Jersey, Connecticut, and California have laws that are so restrictive that they are openly hostile to non-resident gun owners.
pcfixer
Ultimate Member
It's called FOPA.
The Firearm Owners' Protection Act (FOPA), Pub.L. 99-308, 100 Stat. 449, enacted May 19, 1986, codified at 18 U.S.C. § 921 et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.
Safe Passage" provision This section requires expansion with:
examples and additional citations.
The Firearm Owners' Protection Act (FOPA), Pub.L. 99-308, 100 Stat. 449, enacted May 19, 1986, codified at 18 U.S.C. § 921 et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.
Safe Passage" provision This section requires expansion with:
examples and additional citations.
The issue is stopping overnight in a state that prohibits it. you're screwed. No FOPA protection whatsoever. Again, bad idea if you are not traveling through the state.
Spending the night in a state sounds like "passing through" to me. As long as you don't tote it around, why would you be too concerned? Not bashing anyone in this specific post, but I think we all worry way too much about this type of thing. How many criminals carry and never get caught until they commit a crime? I'm not saying to blatently break the law, but if you're traveling and happen to have to stay over in a state where you cannot legally carry, then tuck the firearm away and leave it be.
This is exactly why we need a national reciprocity or national carry law. I think it's more dangerous to have citizens loading and unloading guns, leaving them in vehicles, probably inadequately secured, and not understanding local laws.
Charge us $500 every 3 years for a national CCW permit and be done with it.
This is exactly why we need a national reciprocity or national carry law. I think it's more dangerous to have citizens loading and unloading guns, leaving them in vehicles, probably inadequately secured, and not understanding local laws.
Charge us $500 every 3 years for a national CCW permit and be done with it.
I think the issue is some of those states are so anti-gun, they will take the most strict and infringing interpretation they can. A couple (MA and NY and possibly NJ) have tried to claim they don't have to obey FOPA.
It is being a bit paranoid, but I would hate for someone to come here and get advice that while correct, requires on a loser reading of FOPA than a judge might read in those states.
It is being a bit paranoid, but I would hate for someone to come here and get advice that while correct, requires on a loser reading of FOPA than a judge might read in those states.
Too true.
NY Transplant
Wabbit Season/Duck Season
Wasn't there a case where someone that was transporting a handgun was diverted to Newark airport in NJ and the person had to stay overnight eventually charged with illegal possession?
QuebecoisWolf
Ultimate Member
True, true. Paranoia is a survival trait. I'd rather err on the side of caution. We also had a thread a little while back (might even still be alive) about how PG County's activist police chiefs publicly announced that they didn't give a hill of beans about the AG's opinion. They'd enforce their reading of the law and deal with the fallout later.
But, to get back to the topic, let's see the text from FOPA:
§ 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.
Hmm... this is as clear of an answer a jar of black paint. The question I have for the OP is why are you transporting the gun? Self-defense isn't considered a "lawful purpose" in every state (including MD) and might be the place where you run into trouble. If you're just tooling around the country in your RV and you drive from MD to NY, the law may consider NY your "destination," even if you're planning to drive to Michigan the next day. This would be a good test case if you enjoy wresting with legal gorillas. Do we have any amateur (or professional) legal experts in the house who know of test cases like this?
Yes, because he went and picked up his luggage that contained his handguns. If he had first contacted the police at the airport and told them of his situation and the police took possession of the firearms, even though he was in NJ, he would have been OK.
What I take from that case is that the gun owner stopped traveling and went to a hotel to sleep. At that point his limited protection under FOPA ended.
What that tells me, is if you are driving through NJ or NY and have car trouble or get into bad weather, you should contact the local police so that they can secure your firearms until you can safely begin traveling again. Anyone want to bet how that will turn out????
These are damned if you do, damned if you don't situations. I say make this decision for yourself prior to traveling and don't post it on here. Staying in NY would probably not be in your best interest. I recommend choosing a more gun friendly state and spending your hard earned money there. Make sure to write the local paper of the district you would have stayed in and let them know why you chose a different locale.
These are damned if you do, damned if you don't situations. I say make this decision for yourself prior to traveling and don't post it on here. Staying in NY would probably not be in your best interest. I recommend choosing a more gun friendly state and spending your hard earned money there. Make sure to write the local paper of the district you would have stayed in and let them know why you chose a different locale.
You see, I do have to travel to NY, now and then, because mom and other family is there. However I do know enough not to take a firearm when I go, because I dealt with their gun laws for 20 or so years.
As far as writing newspapers and telling them about lost revenue, forget it. NY is worse than MD in that NYC is the main power in the state, compared to PG and Montgomery County and Baltimore City in MD.
There response would be to keep your poor hating, gay bashing, bible thumping worthless God loving piece of shit hate mongering ass out of our utopia.
GoGoGadget
Deplorable Member
Car Travel is the main reason I have a Kel-tel Sub2000. A long gun that packs almost as small as a handgun. But I usually am heading south from here, not north...
A read of this is about enough you need to discourage you from heading to NY with a firearm:
http://www.nraila.org/gunlaws/federal/read.aspx?id=59
A read of this is about enough you need to discourage you from heading to NY with a firearm:
http://www.nraila.org/gunlaws/federal/read.aspx?id=59
Google Revell vs Port Authority of NY and NJ. SCOTUS ruled the issue was ACCESS to the weapon. I don't know if stopping and leaving the firearm locked in your trunk is ACCESS. Seems to me it might be, but I am not going to try and see either.
QuebecoisWolf
Ultimate Member
Here's a nice link for all of the lazy folk out there.
Caution: May induce vomiting. Do not read if you just ate lunch.
http://warshawskylawfirm.com/lawyer/2011/01/21/Civil_Rights_Law/U.S._Supreme_Court_Denies_Cert_In_Important_Gun_Rights_Case,_Revell_v._Port_Authority_of_New_York___New_Jersey._bl1727.htm
I'm too lazy to even help the lazy folk.
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