Can I transport my firearm from State A to State B?

This is a discussion on Can I transport my firearm from State A to State B? within the Firearm Laws and Regulations forums, part of the Legal Questions & Answers Forum category; If you are traveling with your firearm by car, bus, train, etc, you are protected under the Firearms Owners Protection Act, or FOPA. What FOPA does is fix the issue ...

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  1. #1
    The Only Man That Can
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    Can I transport my firearm from State A to State B?

    If you are traveling with your firearm by car, bus, train, etc, you are protected under the Firearms Owners Protection Act, or FOPA.

    What FOPA does is fix the issue of state C. What if I am driving from PA to FL, I have to drive through 10 states! The 10 states are the "C" in question. As your as your firearm is legal in state A and state B, you may drive through state C. However, you must abide by all transport laws.

    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  2. #2
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    This area of law is politically based and greatly differs from state to state and even City to City. For instance, there haver been two arrests in New York City for out of state licensed gun holders surrendering their weapons temporally to security at the entrance to the new 911 site in lower Manhattan

    NYC "Sullivan Law" even prevents upstate NY State pistol permit holders to enter NYC with their firearm at their side. What a shame! Also with Philly in PA - a double shame.

    Now, if you register your gun in a certain state, there is reciprocity in 11 other states and the number is growing.

    How "nuts" are gun laws? For instance, NY issues your gun permit for life (no renewal required). So what happens if you move to another state? For instance, I moved from NY to PA. As a private person, I hold concealed permits in NY and PA (applied for and have a PA license).

    Soooo, I wrote the NY State Police and asked if I could carry in NY State (except NYC) under my NY Permit (I am an investigator who operates in the ghettos of NY often).

    I never got an answer. I have not researched past decisions as of this writing. My point is that legal possession of a concealed weapon is an ever-changing point of law.

  3. #3
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    I have transported firearms. Though I cannot speak for every state, in general:

    As long as the firearm is unloaded and inaccessible to anyone, such as most trunks. You are good. Ammunition should not be in the same compartment either. Remember, a folding back seat provides access to some trunks, so not all vehicles would be compliant with these standards. A grey can arise also if no one occupies the back seat of that type of vehicle or the trunk in it is loaded full, with the firearm buried by the rear of the car.
    Last edited by Disagreeable; 01-16-2012 at 04:47 PM.

  4. #4
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    NFR: Don't mean to burst your bubble lol. You are correct in theory and this is what I also learned many years ago. That is, you can travel from point A to point B if licensed in both states.

    In the real world; suppose you are traveling from PA to FL with your unloaded pistol in the locked trunk (most vehicles e.g. hatchbacks do not have locking trunks) and your ammo in the locked glove compartment (most glove compartments do not lock anymore) pursuant to FOPA and you get stopped in NC or GA for a traffic infraction. You reach into your glove compartment for your insurance card and the ammo is in PLAIN VIEW. The Officer developes probable cause to search (go fishing)

    A SEARCH is conducted and the officer finds a NC UNREGISTERED pistol in the trunk. You explain that you are traveling to Florida from PA and show the officer both permits. "Sorry Charlie" you spend a year+ in jail. The simple fact is that you were caught in NC with an unregistered firearm.

    Now, if you can absolutely prove that you were headed straight to your domicile in Florida with no side trips, you have a defense. Good luck! Suppose you are headed to Florida by way of Illinois to visit your daughter? Talk your way out of that one lol.

    The point is that you are technically correct but in the real world, you are busted when transporting a handgun across certain state lines. There are numerous cases where folks have been incarcerated for such.

  5. #5
    Stu
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    If it's legal for you to possess the gun in state A and it's legal to possess it in state B, then you can keep it unloaded and locked in your trunk no matter what state you pass through. You can also stop overnight at a hotel in a state where it's otherwise illegal, during your trip.

    18 U.S.C. 926A : US Code - Section 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.


 

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