Road trip woes

[326MOD10]

Well I guess I am not as good at reading as I thought I was.

But I would ask Big D and ISPCAPT if no magazine restrictions apply, or have applied, why did the FOP lobby for the attached LEOSA Reform Act in 2021/2022 Session?

In following the Reform Act it looked like it stalled out in 2022. But I may be wrong there because I struggle sometimes.

I refer you to Page 2, I believe Section C, where it mentions magazine bans and needing it corrected so it doesn't apply.

It mentions the current LEOSA Act only covers bullets and the firearm itself either in here or it was in a USCCA article I tried to read.

Let me try to fix that orientation. That I freely admit I ain't to good at.

 

[ispcapt]

Well I guess I am not as good at reading as I thought I was.
But I would ask Big D and ISPCAPT if no magazine restrictions apply, or have applied, why did the FOP lobby for the attached LEOSA Reform Act in 2021/2022 Session?

Yeah, agree your first sentence is correct.
LEOSA does not address mag capacity and mag capacity has nothing to do with CCW. Per LEOSA you also can't carry machine guns or silencers either.
LEOSA exempts qualified LEOs and "retirees" from state and local CCW laws. That's why it was implemented.
LEOSA applies equally to active and retirees. If you read T18 USC S 926B (active) and T18 USC S 926C (retired) as you suggested then you'll see the exemption is worded the same for both.
LEOSA has been the law for almost 19 years. It's pretty simply written. There should be no question what it covers yet people still can't understand it because they don't really read it. They interject their own comments in it what they want which confuses them.

 

[glenwolde]

I wonder if you couldn't pawn a gun in a safe state before entering an unfriendly one, then picking it up on your way home?

Nope. When you go to get it back it counts as a transfer, so you'd be subject to residency requirements....and the background check, 4473 etc.

 

[326MOD10]

Yeah, agree your first sentence is correct.
LEOSA does not address mag capacity and mag capacity has nothing to do with CCW. Per LEOSA you also can't carry machine guns or silencers either.
LEOSA exempts qualified LEOs and "retirees" from state and local CCW laws. That's why it was implemented.
LEOSA applies equally to active and retirees. If you read T18 USC S 926B (active) and T18 USC S 926C (retired) as you suggested then you'll see the exemption is worded the same for both.
LEOSA has been the law for almost 19 years. It's pretty simply written. There should be no question what it covers yet people still can't understand it because they don't really read it. They interject their own comments in it what they want which confuses them.

I am not interpreting my thoughts. I was interpreting a Bill put forth by Congress and an organization that has attorneys and lobbyist looking out for police officers.

The statement that LEOSA doesn't cover it is the reason they are trying to get it covered and why it is said to revert to State Law.

Hey, but you were a CPT, so I am sure always
correct, so you be you and have a good day.

And my sincere apologies to the OP for the thread drift.

 

[03gringo]

Here in Virginia, our state does provide Concealed Handgun Permit information to other states, including nearby Maryland. Our General Assembly has passed a new law and our Governor has signed it, that ends this practice. It does not go into effect until July 1, 2023.

Our neighbors in Maryland now issue non-resident "wear and carry" permits, but they require that certain parts of the permit process, like fingerprinting, take place in Maryland. Also, a Maryland permit requires 16 hours of training with a MD certified instructor. Maryland police officers use the license plate readers to find out of state vehicles registered to drivers with carry permits from their home state

Pennsylvania issues non-resident permits through the Sheriff's Offices in the various counties. I don't think New York or New Jersey are issuing non-resident permits, in spite of the Bruen ruling by the Supreme Court.

You need to decide whether to just leave the guns at home, or to take the chance on getting caught with them.

 

[glenwolde]

I really can't see that merely having a permit in another state gives "probable cause" for a search.

"I do not have a firearm and I do not consent to a search".

I am not a lawyer.

 

[AJ]

Why bother going through states that are looking to hang you out to dry? If you feel you must go somewhere to visit and you may run into states that are unfriendly to guns, then don't go or not carry. Personally I do not like visits to the local jail. Fly to where you are going and if you still feel the need to carry then borrow a gun. If you have to drive then stay in the states that welcome you.

 

[AJ]

I really can't see that merely having a permit in another state gives "probable cause" for a search.

"I do not have a firearm and I do not consent to a search".

I am not a lawyer.

I have had friends in other states that were stopped for an infraction have the officer ask them if they were carrying. It comes up there if you have a CCW when they run your drivers license.

 

[ISCS Yoda]

I have thought about shipping one of my handguns to Maine so I would have it for the 10 days we will be there and then shipping it back to a FFL friend of mine. Any. thoughts?

My thought on that goes back to my cowboy action shooting days. There were shooters who traveled to national matches across the country and it was not unusual to hear someone say that they were shipping their guns ahead.

Interestingly, I have a friend who bowls around the country and he ships his bowling balls ahead because of the weight so, clearly, people do these types of things.

Also was wondering if driving through NYS with my Henry 45/70 lever rifle makes a difference? Any thoughts there?

Rifles are equally covered by FOPA. But be aware that NY prohibits the possession of a loaded rifle or shotgun in a motor vehicle (not counting certain specific hunting exceptions). If it is unloaded and locked in a case, preferably stored in your trunk, you are within the provisions of the statute.

It is also illegal for anyone without a valid New York Permit to Carry to transport a handgun, whether loaded or unloaded. There is a limited exception to the law for those who are only passing through the state to and from somewhere where they can validly posses and transport a handgun and the handgun is stored in the trunk and unloaded, or in vehicles without a trunk, is unloaded and stored in a locked container that is not the glove compartment or console.

As noted earlier, New York also completely prohibits magazines that are capable of accepting more than ten rounds of ammunition but that is likely clearly defined somewhere and shouldn't apply to rifles.

There was a discussion on this Forum some time back about this and someone described the confiscation of a high-cap magazine after it was seen in carry-on luggage - unloaded, mind you but, still, a clear violation of a ridiculous NY law.

 

[ISCS Yoda]

I have had friends in other states that were stopped for an infraction have the officer ask them if they were carrying. It comes up there if you have a CCW when they run your drivers license.

Therein lies the rub! Not only do permits come up in computers but in places like NY and NJ the chances of a police officer asking an "out of towner" if he or she has a firearm is extremely likely. That generally won't happen in gun-friendly states.

I don't think New York or New Jersey are issuing non-resident permits, in spite of the Bruen ruling by the Supreme Court.

They are barely issuing resident permits!

Also, if you're just passing through, why would you want to go through the hassle of obtaining a permit in NY or NJ assuming you could do it?

Side note - NY permits are specific to the gun. In NYC every long gun has a permit attached to it and AFAIK so do handguns and handgun permits are (1) in house only, (2) target use only and, for the very special amongst the citizens of NYC, (3) carry permits.

 

[Bald1]

All I can add as a lifetime NY resident is this…….. when I get pulled over my unrestricted carry permit issued in 1991 does not magically come up on LEO computer. So if my NY carry permit isn't linked to NY drivers license then I doubt any out of state permits are. Also most NY LEO are anti safe act. In fact the NY sheriffs assoc has vowed not to enforce it. If you obey the Federal law to transport the gun you will be fine.

 

[Bald1]

Therein lies the rub! Not only do permits come up in computers but in places like NY and NJ the chances of a police officer asking an "out of towner" if he or she has a firearm is extremely likely. That generally won't happen in gun-friendly states.



They are barely issuing resident permits!

Also, if you're just passing through, why would you want to go through the hassle of obtaining a permit in NY or NJ assuming you could do it?

Side note - NY permits are specific to the gun. In NYC every long gun has a permit attached to it and AFAIK so do handguns and handgun permits are (1) in house only, (2) target use only and, for the very special amongst the citizens of NYC, (3) carry permits.

Everything you just stated about NY is wrong.

 

[LostintheOzone]

An odd thought, why not contact the States Attorney Generals Office in the states through which you are going to pass? Their advice should be solid.

Do you have an attorney with 2A experience on speed dial and on retainer?

Kevin

The AG's office usually won't dispense legal advice. They won't in this state for sure. I've tried.

 

[ISCS Yoda]

Everything you just stated about NY is wrong.

Not from my extended experience. But maybe they've changed since recently............

 

[StrawHat]

The AG's office usually won't dispense legal advice. They won't in this state for sure. I've tried.

Sorry to hear that about Washington State. Here in Ohio, the AG has a publication (updated when necessary) that helps explain what is going on with concealed carry.

https://www.ohioattorneygeneral.gov...ations/Concealed-Carry-Laws-Manual-(PDF).aspx

Kevin

 

[Muss Muggins]

The AG's office usually won't dispense legal advice. They won't in this state for sure. I've tried.

No legitimate lawyer will give actual legal advice to a nonclient . . .

 

[Muss Muggins]

Sorry to hear that about Washington State. Here in Ohio, the AG has a publication (updated when necessary) that helps explain what is going on with concealed carry.

https://www.ohioattorneygeneral.gov...ations/Concealed-Carry-Laws-Manual-(PDF).aspx

Kevin

That's not true legal advice . . .

 

[dockmurgw]

Everything you just stated about NY is wrong.

Oh stop!!! You're interrupting a perfectly good red meat NY hate fest by people that know as much about NY and its people as they do about the north pole of Pluto.

 

[raljr1]

That's not true legal advice . . .

As usual Muss, correct.

Direct quote from the brochure.

"As required by Ohio law, this publication broadly addresses several areas of firearms law. It represents neither a formal nor informal opinion of the Ohio Attorney General; rather, it is a summary of prevailing firearms and self-defense laws. This booklet may be updated without notice. It is not intended to be a substitute for the advice of a lawyer or for common sense."

 

[AJ]

All the New Yorkers need to remember "Don't New York My Florida!"