Interstate travel with a handgun!

[NYlakesider]

I try to keep abreast of gun laws and for the most part do a good job, but I got hit by a question that stumped me..

I know about the so called (peaceful traveler) under Federal Law that allows interstate travel with a well secured unloaded hand gun. That says in plain English an unobstructed travel through states, ( I also known states like NJ, NY it means nothing there)

With that said what happens in a person is traveling though a state carrying a secured hand gun and due to circumstances has to remain in that state (Car accident/major breakdown and car is disable, sudden nasty medical problem What is their travel /legal status then ?

It’s possible the gun might be discovered in an accident with LEOs investigating. What should the person do if he is in a situation like that if FORCED to spend longer that they legally planned on.

Thanks.

 

[LoboGunLeather]

I suspect that in NJ, NY, MA, and a couple of other places you might be in serious legal jeopardy. From a legal standpoint you might have a strong argument in your defense, but it is better to avoid being in the position of being prosecuted.

First thing I would do is make sure the piece is kept locked up in a hard container such as a suitcase, which would remain in my sole possession or locked in a hotel room, etc. I would not give consent to search under any circumstances, and if LEO's indicated an intention to search I would make a point of stating my objection clearly (usually necessitating a search warrant which can only be obtained upon a showing of probable cause that the search would result in seizure of specific physical evidence, which they should have no way of articulating).

I would consider finding a FedEx or UPS facility and shipping the firearm to myself at my home address, signature confirmation required (shipping to yourself, even across state lines, does not constitute a transfer under GCA 68).

The absolute last thing I would do is to disclose the presence of a firearm to authorities or ask for advice on what to do. If the nice officer casually asked me whether or not I had any contraband items I would respond only with a question like, "Why would you ask such a question, sir?" and request an attorney prior to any further questioning.

 

[LostintheOzone]

I plan on traveling a bit this winter. I researched this some and came up with a plan. I bought some legal counsel through CCW Safe and a copy of the 'Travelers Guide to the firearms Laws of the Fifty States".

If you are traveling with your firearms legally in any state and are detained or arrested for any reason you will need legal counsel. LEO's don't always know the law so you need legal representation by an attorney who is familiar with the law in that state. In NY and NJ have a printed copy of any hotel reservations or phone numbers of relatives or friends where you plan to stay and make sure they know your itinerary. Make sure those states are not your destination and be able to support that.

Obey the law. Have a back up plan.

 

[S&W SS Revolvers]

Both replies...good advice. For the love of God we shouldn't even be subjected to this BS....

 

[S&W SS Revolvers]

2nd reply UGH!

 

[Ranger17]

when we lived in SC we made numerous trips (driving) back to WI. And on occasion a firearm would travel with us. Once heading south after i rec'd a family Colt (Challenger .22), and a couple times back and forth to use it on vacations and for when we actually moved back to WI. All trips had any handguns empty and locked and in a case, all stuffed securely in the back storage/spare tire well in our suv. Any ammo was cased and separate. From any research i had on the subject, the state in route that could have presented any concern or issue would have been IL as it seemed the state as a whole was ok but certain counties near Chicago could set their own rules.... so while going thru IL i did not flow with traffic (a wee bit faster then posted speeds lol) and made sure i followed all rules and hit every toll.
Now back home i have no intention of taking one across the state lines, unless the day comes that those who can legally own a firearm are allowed to do so without any legal ramifications. I know more government isnt an answer, but sometimes i wonder if a uniform permit/carry system could be something that would work for all states.

 

[WR Moore]

Since you're in NY, you should be aware that in MA, a vehicle containing firearms cannot be left unattended (at least the last time I checked with MA SP-may have changed). I made it a habit, if I had to cross MA, to do my gas, munchies and rest room stop short of the MA line and traveled non-stop.

 

[GaryS]

Since you're in NY, you should be aware that in MA, a vehicle containing firearms cannot be left unattended (at least the last time I checked with MA SP-may have changed). I made it a habit, if I had to cross MA, to do my gas, munchies and rest room stop short of the MA line and traveled non-stop.

I would never rely on the police for any information regarding gun laws. Or gun store owners, but that's a different story.

Posts #2 & #3 have some good information, to which I'll add my experiences driving from MA to TX last summer.

1) Avoid New Jersey. I took a route that didn't even touch NJ for an inch.

2) Avoid the New York City area.

Once you get out of that area, this all becomes much easier. PA is pretty 2A friendly, outside of Philadelphia.

I use a combination of the reciprocity maps as USACarry.com and a phone app called "Legal Heat". I bought a book called "The Armed Traveler", but the problem with any print book is that the laws are changing so quickly that they are outdated pretty quickly.

If you are traveling through a state where your concealed carry permit is not recognized, store your handguns in a locked case, kept in the trunk of your car. Keep the ammunition in a separate locked box. My trip was in a SUV, so I put the case as far back as possible in the vehicle. For good measure I secured the case with the guns to the vehicle with a cable.

I didn't leave the case in the SUV overnight in either VA or MS, but I wouldn't leave them in a vehicle overnight anywhere.

If you are stopped by the police (I wasn't) be polite, but firm in refusing to allow a search of your vehicle. If you are traveling with other people, they should be polite, but refuse to answer any questions.

I would guess, and it's just a guess, that most of the members here are unlikely to raise the suspicions of the police in a routine traffic stop. There is no reason to engage in any more conversation than is needed to complete the business of the traffic stop.

As part of your pre trip preparation, it's reasonable to make sure that your car is in good working order, the registration and insurance are current, as well as the operators licenses of anyone who will be driving.

That's my non legal advice, FWIW.

 

[charlie sherrill]

While traveling through unfriendly states don't have anything on your person or vehicle (caps, t-shirts, bumper stickers, etc.) that indicate you are a firearms owner. Some officers, especially in the Northeast, will stop anything with a NRA sticker on it.

 

[Arik]

I try to keep abreast of gun laws and for the most part do a good job, but I got hit by a question that stumped me..

I know about the so called (peaceful traveler) under Federal Law that allows interstate travel with a well secured unloaded hand gun. That says in plain English an unobstructed travel through states, ( I also known states like NJ, NY it means nothing there)

With that said what happens in a person is traveling though a state carrying a secured hand gun and due to circumstances has to remain in that state (Car accident/major breakdown and car is disable, sudden nasty medical problem What is their travel /legal status then ?

It’s possible the gun might be discovered in an accident with LEOs investigating. What should the person do if he is in a situation like that if FORCED to spend longer that they legally planned on.

Thanks.

Probably the same that happens to all those SE Pa'ers who forget or don't know NJ laws and cross into that state. They get arrested, arraigned, bail and then plead to a NJ law that let's them go but they are forever considered felons

 

[NYlakesider]

Thanks folks for all the replies. I was asking this question because I was asked it.

I know speaking for me I would not go through any of the real bad states if armed (even locked in trunk). I’m pretty abreast of the laws and have CCW in 3 states so most states other than the few real badies I’m legal there. As stated I was asked and tried to find out some answers for a person I knew. Most of my travels Bowling Green Kentucky is probably as far west as I will go and for the most part I will be traveling to Florida and back (have a Florida CCW)

 

[FishingPilot]

I simply refuse to travel anywhere anymore. I don't fly unless I'm the one behind the yoke. I only go above the Mason Dixon line once a year and that's to the outdoor show in Harrisburg, PA. Even that trip is in jeopardy since I have to travel through Maryland to get there. I simply hate that damn state.

 

[bushmaster1313]

Bad stuff can and will happen.

Read about some of it here:

Unexpected Flight Delay => Hotel Stay => Criminal Prosecution for Gun Possession | The Volokh ConspiracyThe Volokh Conspiracy


Charges were dismissed, but he lost his case at the Third Circuit.

Decision here:

http://www2.ca3.uscourts.gov/opinarch/092029p.pdf

 

[scooter123]

Issues like this are why I won't take any firearm into a state that doesn't recognize my Michigan CPL. Fortunately because it's accepted in 39 states a bit of route planning allows me to get where I wish to go.

 

[Arik]

I travel some but don't take my gun. I refuse to sit at home, I like vacations and I like going places. Yes anything can happen anywhere at any time but for the first 20 years of my life I wasn't allowed to own a gun and still managed to survive

 

[LostintheOzone]

Issues like this are why I won't take any firearm into a state that doesn't recognize my Michigan CPL. Fortunately because it's accepted in 39 states a bit of route planning allows me to get where I wish to go.

I can understand that but I just carried a pistol through a state with very restrictive laws that doesn't recognize my permit. I know the law in that state and I followed it to the letter. I'm no longer there and carry in a state that honors my permit.

I'm a citizen of the US, I pay my taxes and I'm a veteran. I'm not going to be intimidated by some over zealous LEO or some crack pot prosecutor. I'm too old to put up with that anymore and I like to carry a weapon where I can, and I will.

Know the law. Have legal counsel.

 

[Road Rat]

Over the many decades I have driven across America I have always had a firearm. I put it in the suitcase which is always in the rear of the vehicle. Take it into the motel/hotel for any stops.

Occasionally, if I am going to what may not be a friendly area, I move it to the glove compartment. That saved my backside once in Oregon when two individuals attempted to catch me in a Rest Area!!

I have never worried about LEO's.....Never give them a reason to pull me over. NEVER give them authorization to search my vehicle!!

Today America is a different place! However, I would still travel with a firearm...........keep a low profile!

 

[Doug M.]

1) Get as many non-resident carry licenses as you can. With Florida and Utah, you should be legal in something like 33 states, maybe a little more. I keep mine for New England, too, except I let my MA expire years ago and never bothered renewing it. Yes, I do keep them in spite of being covered by LEOSA - there are many good reasons to.

2) SHUT UP. Unless you are in a state that requires notice when you are carrying (there are only a few, and it is on you to know them), opening your yap is so far beyond stupid that you need a guardianship filed because you are incapable of taking care of yourself. Any you are not carrying or the spares you have in the car since drawing seated can be a problem (and I really suggest you drive away from trouble - the car is a better weapon) should be SECURELY LOCKED in a case not in the passenger area, and preferably that case should be inside another locked case.

3) NEVER EVER consent to a search for any reason. Period. Anyone who consents to a search is a blithering idiot and should pay someone big and strong to apply vigorous slap therapy. The correct answer is "No, Officer, I have plans and do not have the time." Don't go all legalistic unless you are a lawyer. It won't work well. I also have a really mean dog, and if he is in the car, that precludes being near it - but that is a specific circumstance that won't apply to most.

 

[BigBoy99]

While traveling through unfriendly states don't have anything on your person or vehicle (caps, t-shirts, bumper stickers, etc.) that indicate you are a firearms owner. Some officers, especially in the Northeast, will stop anything with a NRA sticker on it.

Than might not help. In NC, the fact you have a concealed carry permit is tied to your driver's license. If a police agency calls up your license, your concealed carry permit pops up too. There have been recent cases where the MD state police will make computer queries on out of state car licenses and check on the driver's license info. and if you have a concealed carry permit, they will pull you over for some reason.

 

[Doug M.]

How that comes up in DL check varies from state to state. Some states won't send that info with the return. Some states don't have sophisticated software, so they won't get that part of the return, or the officer won't know the meaning. The fact that one gets pulled over has nothing do with what one says when pulled over. It also has nothing to do with being so stupid that they consent to a search.