Driving through a non-reciprocal state?

[rwt1405]

The Maryland attorney general’s findings on FOPA is part of what they are going on, as well as the lack of prosecutions. However in DC there have been prosecutions especially in the capitol area that were successful in piercing FOPA.
In Maryland, the case of Lloyd Muldrow is instructive. He disarmed a violent gun wielding man in a bar without pulling his concealed weapon. He certainly saved lives that day. He was found carrying a concealed handgun with a Va. permit. All the cops wanted him released but the supervisor said “There is no reciprocity with VA.” He was charged with carrying within 500 feet of an establishment that serves alcohol. He received a “probation before judgement and was sent home.
His case is being used as the anecdote pushing national reciprocity.
I am not a lawyer and I am not going to go your bail if you get arrested transporting a weapon in Maryland.
But I will join others in funding your fight if yours becomes the test case.
Enjoyed this one very much, thanks all!
Kind Regards,
BrianD

Great info, I'll admit I forgot about that one

I will present some info describing why I would not "stay over night"/etc. with a firearm in my vehicle, in a state that I am not legal to carry in

Again, I am NOT a Lawyer

Interstate Transportation of Firearms: Laws and Requirements

Traveling with firearms across state lines or through a state can be tricky and the laws are confusing. We aim to clear that up in this article.

www.usacarry.com

For those that do not like "clicking links", I will add some of the article below

 

[Autonomous]

The Safe Passage Act has been violated many times. There is no question we have politically motivated prosecutors and police departments, power mad police officers, profiling of out of state vehicles for guns, cash, drugs and so on. Civil forfeiture is big, big business. Some PDs have awards for the officer that gets the most busts in certain categories. No surprise when it turns out the officers with high scores manufacture evidence. These abuses have been documented many times. For those of you that want proof, YouTube has many examples. *See Lisa Steed for instance. * https://www.thebrineshrimp.com/2017/03/14/utah-names-new-dui-law-after-lisa-steed/

So, you win the case? You are out a lot of time and money. The dirty officials are out nothing.
Say you lose? Bad for you and the officials are out nothing.

 

[Neumann]

My strategy is to avert and avoid. I don’t visit those states which deny, and drive around them through states which do.

 

[Chubbs103]

Don't forget to double check reciprocity and restrictions.

Several years ago I was taking a family trip through a few different western states and was planning on taking advantage of reciprocity with my Florida permit. I KNEW Nevada had reciprocity (it always had). When I started checking my route, I found out FL and NV were having some sort of food fight and had rescinded reciprocity from one another. This could have caused significant problems for me. Several months after my trip the two states made nice with each other. I'll be traveling through NV again next month and I will check status right before I leave.

Additionally, verify you have sufficient understanding of how the different states define sensitive/restricted locations.

 

[Brian Parrish]

Great info, I'll admit I forgot about that one

I will present some info describing why I would not "stay over night"/etc. with a firearm in my vehicle, in a state that I am not legal to carry in

Again, I am NOT a Lawyer

Interstate Transportation of Firearms: Laws and Requirements

Traveling with firearms across state lines or through a state can be tricky and the laws are confusing. We aim to clear that up in this article.

www.usacarry.com

For those that do not like "clicking links", I will add some of the article below

Thanks!
That is what I am calling "piercing FOPA". Still has not happened yet in Maryland. I am still no lawyer.

In speaking about his case Muldrow still says that he was carrying/traveling under FOPA since he was "heading back to Virginia" after he was done at the bar. He was clearly ignoring the requirements of that law. Even so, FOPA was not pierced in his situation!

Two reasons, One is that his charge was NOT for carrying concealed on a VA permit even though that is how the story is being lied about. The charge was carrying within 500 feet of an establishment serving alcohol. His permit came up because the supervisor of the officers responding argued with the rest of the cops who wanted him congratulated. "There is no reciprocity with Virginia," he said. There is more than reasonable belief that had he left his weapon in the trunk unloaded and locked he would have been fine. I do not mean the letter of the law, you must understand, but according to the lawmen themselves.

Second reason is he did not need to plead guilty and so received "probation before judgement" which precludes any type of precedent being established by the case. There is reason to believe that this was a satisfying resolution to all parties, as MD does not want to be the next SCOTUS test case, and he is not recorded as a felon and does not lose his permit in VA.

I hope there is a test case someday. If you were referring to Mike Fletcher in NJ back in 2015, he was pardoned by Gov. Christie, you may be pleased to know. He did not get his bail money back. Also that was not a FOPA case since he went there to do disaster work and he was not traveling through.
The law needs fixed, with penalties for those states whose policemen deny 2A rights under color of law.

I can dream can't I?
Correction welcome.
BrianD

 

[WR Moore]

I've read few posts here, but not all. On what constitutes a "Loaded gun"....decades ago I was told by a PA State Trooper that "they want more than one motion to be ready to fire" while explaining to me that a loaded magazine in a semi is "a loaded gun" even if the chamber is empty.

Now, most cops aren't lawyers, but OTOH, not all cops are really gun savvy. So bear that in mind. You're safest if the gun & ammo are separate. I don't do much interstate traveling anymore, but I now know I need a padlock or two on the gun case(s).

Making things worse, Virginia lost state pre-emption some years back, so there's a host of pesky local regulations. Some of which a concealed carry permit negates. At least for instate carriers and (presumably) those with reciprocal permits. Beware Richmond.

 

[ken158]

I believe that WR Moore is correct. But, we both could be wrong. So, since you are the one who would be in legal trouble, don't take my word for it.

Do a search on 18 U.S. Code 926A. Sometimes referred to as The Peaceable Journey law.

Correct - follow the instructions in 18 US 926a and you are within the law. Make a copy of it and keep it in your gun container. During your 1/2 hour drive, just obey the laws and you should be just fine. If “something” happens that causes a meeting with a LEO that actually discovers your stored firearm with your copy of 926a and should that finding cause friction request a supervisor and if that goes south and you are charged then you have an excellent law suit.