Unloading/loading when Traveling through non-carry states with semi-auto ccw

[ladder13]

I seem to remember an incident with a FL resident passing thru MD and getting stopped by the police because his CC license was linked to some software they were running. Baltimore Bridge & Tunnel Authority or something like that.

Like I said, I'll be leaving my guns at home.

 

[lrrifleman]

WOW.... just did a search, possession of empty brass casings can even get you arrested in DC!!

If I remember correctly, it was either last year or the year before that I person was arrested and charged for possessing a cast ball for a black powder firearm, merely the possession of the projectile!

 

[Buford57]

I thought the same thing about consenting to a search until I had a State Trooper tell me that if anyone refuses to consent they will call in for a search warrant and hold you there (could be several hours) until they get one and then they will go through your vehicle with a fine tooth comb.

Bluster. A search warrant requires probable cause articulated to a judge in writing, under oath. Refusing to consent to a search is not probable cause for anything except knowledge of the Constitution. Holding beyond ~20 minutes without at least reasonable suspicion of specific criminal activity gets you sued. There may be corrupt (or imbecile) judges who issue warrants w/o PC every time a similarly ethically compromised state trooper asks for one, but trust me, that trooper's post commander wants him/her out writing speeding tickets and generating revenue, not going on fishing trips in travelers' trunks.

 

[reppans]

If I remember correctly, it was either last year or the year before that I person was arrested and charged for possessing a cast ball for a black powder firearm, merely the possession of the projectile!

That's crazy.... how did they find it? Did this leave you with a "record" and affect your CCW?

 

[pjpjr]

Bluster. A search warrant requires probable cause articulated to a judge in writing, under oath. Refusing to consent to a search is not probable cause for anything except knowledge of the Constitution. Holding beyond ~20 minutes without at least reasonable suspicion of specific criminal activity gets you sued. There may be corrupt (or imbecile) judges who issue warrants w/o PC every time a similarly ethically compromised state trooper asks for one, but trust me, that trooper's post commander wants him/her out writing speeding tickets and generating revenue, not going on fishing trips in travelers' trunks.

Buford57,
Thank you for that confirmation/clarification from LE officer!

 

[Doug M.]

I thought the same thing about consenting to a search until I had a State Trooper tell me that if anyone refuses to consent they will call in for a search warrant and hold you there (could be several hours) until they get one and then they will go through your vehicle with a fine tooth comb.

*
That is not a lawful practice, and would be a career ending decision. Refusing consent does not contribute to probable cause, and my office would probably charge any cop or trooper that did that.

That said, I had forgotten that FOPA requires an unloaded firearm, as I don't rely on it. That does change my initial advice. I saw that at least one poster stated that some states do not honor FOPA. Such is also unlawful, but I suspect they treat it as an affirmative defense, which, shifts the burden to the gun owner. I'm pretty sure that is not the intent of the law, but good luck with getting this ruled upon correctly in such a state. $10k in legal fees and a staggering amount of misery is the good news. Maryland's conduct is also blatantly unlawful, but fixing it will be the same cost. Go around.

 

[Muss Muggins]

I thought the same thing about consenting to a search until I had a State Trooper tell me that if anyone refuses to consent they will call in for a search warrant and hold you there (could be several hours) until they get one and then they will go through your vehicle with a fine tooth comb.

Failing to consent to a search is not probable cause for a search warrant. Gotta have something else to tell the judge, and being stopped for a traffic violation is not probable cause for a search . . .

 

[Whitwabit]

Not sure about other states but Illinois CCL will show when your vehicle plates are run .. least have been told that ..

Would that be enough for a search of your vehicle say when traveling out of state say in NJ ????

 

[radar1972]

After reading this and similar threads, I feel sorry the OP has to travel through those states. Fortunately, I am retired and states with such restrictive laws will NEVER be on my itinerary.

 

[okiegtrider]

I thought the same thing about consenting to a search until I had a State Trooper tell me that if anyone refuses to consent they will call in for a search warrant and hold you there (could be several hours) until they get one and then they will go through your vehicle with a fine tooth comb.

An idle threat. I agree with Buford57 and the other cops who chimed in here.
Telling someone you'll get a warrant, and actually obtaining one, two vastly different things.

There is some pretty specific case law that governs just how long and under what circumstances one can legally be detained roadside. Rodriguez comes to mind here.