Can i transport black powder replica pistol????

[Ralph III]

Hello All,
Can I transport a black powder 1851 colt navy replica from Alabama, through Mississippi and into Louisiana, without having a permit? Please do not quote FOPA unless you can show where these states accept and recognize such. FOPA is not recognized in many states and/or you can go to jail if found in violation of their respective laws irrespective to FOPA, as noted by NRA.

I know I am ok in Alabama, as antique guns are exempt and allowed to be transported without license per state law, but what about Mississippi and Louisiana? I am hoping to get a response by today so any help would be appreciated.

Thanks, Ralph

 

[utimmer43]

... FOPA is not recognized in many states and/or you can go to jail if found in violation of their respective laws irrespective to FOPA, as noted by NRA.

Do you have any references to this notation by the NRA? FOPA, and McClure-Volkmer in your specific scenario, is Federal law. States must recognize it.

 

[RRGlock23]

Try research yourself

Link Removed
Link Removed

 

[utimmer43]

Try research yourself

Who is this directed to?

 

[RRGlock23]

Oh directly to Ralph III

 

[utimmer43]

Oh directly to Ralph III

Ah, I see. I think this might have been the page he was referring to when he said "as noted by the NRA". They do note instances where the NJ/NY Port Authority disregards FOPA, albeit illegally. I could see how someone might misunderstand the publication, as it is crowded with a bunch of state and local regulations. It just needs to be realized that transporting within the parameters of FOPA supersedes all of them, a realization that the OP may not have come to until now.

 

[Ralph III]

Thanks for the quick reply guys.

I had came across conflicting information and then posted in another forum where I witnessed poor advice being given. That is where FOPA was cited as a cure all but that notion is not correct as many states, irrespective of it being a Federal law, do not recognize it. Otherwise, they operate in open defiance or you better act strictly in accordance to it and state law. I.E. "Transporting" is protected under FOPA but it may not be considered "transporting" if you stop over somewhere, etc. You are bound by that states law at that moment.

Whether right or wrong it is simply a fact and as noted by the NRA. RRGlock23 was correct in what I was citing and it is not just limited to NJ/NY, Utimmer43! As I understand there is a lawsuit in that specific instance because it is so blatantly illegal. NY City police will arrest anyone with a gun, as a stated policy, if they do not possess a NY carry permit. This as I have read and seen posters attest to.

If you read past that notation in the NRA-ILA site you will see they list other states who also disregard or have strict interpretations, which FOPA would serve useless, as noted by NRA-ILA. Link Removed

TRANSPORTATION BY MOTOR VEHICLE
In most states, personally-owned firearms may be transported legally if they are unloaded, cased, and locked in the automobile trunk.

The exceptions to this rule apply mainly to interstate transportation of handguns. The myriad and conflicting legal requirements for firearm transportation through the states make caution the key for travelers......

The NRA goes on to list the variations per many states, some emphatically stating you must have a permit to transport/carry, and other stipulations, etc. You could find yourself unprotected under FOPA no matter, right or wrong.

In my state of Alabama it strictly says you must have a permit to transport a gun. This according to my Police Chief neighbor/friend also. I do see there is a stipulation in regards to "antique" guns which make them exempt, Alabama Code 13A-11-83, so my father-in-law is good here. Mississippi states you can transport a gun without permit, MS. Code Sec. 97-37-1 (2). Louisiana has no law banning the transport of weapons as I researched. I found a good article by the Louisiana Sportsman which explains your right to transport in Louisiana, Link Removed

"...Here’s a quick primer on carrying guns in vehicles in Louisiana: You may have a gun. You may carry it in your vehicle. You may have it concealed, in the open, on the dash, on the seat, under the seat, in the glove box or hanging from the rear-view mirror.
Possession of a gun in your vehicle is perfectly legal in Louisiana as the vehicle is considered an extension of your home..."

My Father-in-Law is good with the antique replica but I will look for a concealed permit for myself.

I have the answer in this regards but would appreciate any additional insight.
Thanks, Ralph

 

[utimmer43]

If you read past that notation in the NRA-ILA site you will see they list other states who also disregard or have strict interpretations, which FOPA would serve useless, as noted by NRA-ILA. Link Removed

The NRA goes on to list the variations per many states, some emphatically stating you must have a permit to transport/carry, and other stipulations, etc. You could find yourself unprotected under FOPA no matter, right or wrong.

Again, I think you are misunderstanding the publication. That list of individual state and local regulations is NOT an exception to FOPA. In fact, some of the state regulations noted don't even conflict with, or are more lenient than FOPA. As a card carrying member and general fan of the NRA, I must say that I am disappointed in the lack of clarity in this publication. I think the point of it as a whole is to inform that there are a lot of variances between the states regarding vehicle transport. The FOPA provision is merely a small part, and ONLY applies under a very specific set of conditions. In your scenario, where possession of the firearm is legal at both point "A" and point "B", you would be completely protected by FOPA, so long as you meet all the other specified requirements exactly as written.

I don't know how better to explain it, so I hope that is stated clearly enough.

 

[Ralph III]

Again, I think you are misunderstanding the publication. That list of individual state and local regulations is NOT an exception to FOPA. In fact, some of the state regulations noted don't even conflict with, or are more lenient than FOPA. As a card carrying member and general fan of the NRA, I must say that I am disappointed in the lack of clarity in this publication. I think the point of it as a whole is to inform that there are a lot of variances between the states regarding vehicle transport. The FOPA provision is merely a small part, and ONLY applies under a very specific set of conditions. In your scenario, where possession of the firearm is legal at both point "A" and point "B", you would be completely protected by FOPA, so long as you meet all the other specified requirements exactly as written.

I don't know how better to explain it, so I hope that is stated clearly enough.

Hello utimmer43,
I think you did a good job of explaining and I also agree the NRA-ILA could have been written much better as confusing and even seemingly contradictory. However, I would like to point out the following.

The publication is titled “Guide To The Interstate Transportation of Firearms” and references FOPA. This is a guide concerning transportation of weapons between states and not Intrastate.

FOPA and its broad scope of protections in noted at the beginning and they later note “Jurisdictions With Special Rules”. Special rules in what sense? It would have to be in regards to FOPA as not speaking about Intrastate. Why would they simply start noting individual state laws for respective citizens? Also “non-resident” is mentioned throughout.

I think there were two states with laws more lenient than FOPA. There were maybe four states with seemingly no conflicts, however, in some of those instances I think the point was in regards to their major cities which did, such as Chicago. The other states listed had seemingly significant conflicts with FOPA again denoting "non-resident". If they felt FOPA were truly and fully protective why not limit it to the one paragraph at beginning?

They do mention the NY/NJ Port Authority lawsuit and here is a law abiding gun owner who finds himself being prosecuted in Pennsylvania despite having followed FOPA to the tee. Link Removed


I know we were ok in my tri-state area as Ms allows transport, La has no law regulating it and antique guns are exempt in Alabama from requiring a permit. I am going to call the NRA tomorrow and ask for clarification in regards to their document.

Take care, Ralph

 

[Ralph III]

Hello utimmer43,
I called the NRA-ILA to inquire about their "Guide to the Interstate Transportation of Firearms". The legal rep did state as you were saying that as long as you are traveling through the states noted under "Jurisdictions With Special Rules" you are OK, as the rest of states under LOPA.

She however said if you were going to be staying or vacationing within many of those states, they recommend leaving your weapons at home. She also stated you need to be careful not to wonder off your destination path and noted to be extra weary of a few states, such as Maryland, Mass., along with certain cities (Chicago, NY) etc.

The few states listed under "Jurisdictions With Special Rules" which seem even more linient than LOPA were simply noted for information purposes. To note, I never thought any state or city law necessarily superceded Federal law but my concern is which ones blatantly ignore it or look for any discrepancy in order to prosecute. Such as the one noted gun owner and some others as I had read.

I do appreciate you help.
Ralph

 

[utimmer43]

She however said if you were going to be staying or vacationing within many of those states, they recommend leaving your weapons at home. She also stated you need to be careful not to wonder off your destination path and noted to be extra weary of a few states, such as Maryland, Mass., along with certain cities (Chicago, NY) etc.

Cool. That is what I suspected the purpose of noting the state rules were. Basically to say "rules vary state to state, if you plan on stopping for an extended period of time, this is what you need to know about these states (or cities)."

And yes, there will be times when the State authorities ignore (or more likely are oblivious to) the Federal provisions. But then, there are alot of times when local LE is oblivious to State preemption. One somewhat useful precaution may be to carry copies of the Federal and/or State rules that you intend to operate under. Not that it would help someone once they are cuffed and stuffed, but it may keep the situation from escalating that far to begin with.

Thumbs up on the call to the NRA.:yes2:

 

[Ralph III]

Cool. That is what I suspected the purpose of noting the state rules were. Basically to say "rules vary state to state, if you plan on stopping for an extended period of time, this is what you need to know about these states (or cities)."

And yes, there will be times when the State authorities ignore (or more likely are oblivious to) the Federal provisions. But then, there are alot of times when local LE is oblivious to State preemption. One somewhat useful precaution may be to carry copies of the Federal and/or State rules that you intend to operate under. Not that it would help someone once they are cuffed and stuffed, but it may keep the situation from escalating that far to begin with.

Thumbs up on the call to the NRA.:yes2:

Well, we are on the same page as I printed out the relevant state laws and Federal laws (abbreviated) for my father-in-law, just in case he was pulled over.

I guess we can only hope one day LOPA, or better yet the Constitution itself, will be recognized, accepted and indisputable throughout our great nation.

God Bless and catch you on another thread!