I often drive from my home in Maine down to VA, forcing me to travel through states such as Mass and NY whose automobile carry laws are draconian. Is it legal to carry a handgun locked in a case separated from ammo, or do I have to drive around half the eastern seaboard to get to VA?
Carrying a weapon from Maine to VA
- Thread starter Maine
- Start date
Phillip Gain
New member
FEDERAL LAW ON TRANSPORTATION
OF FIREARMS
Source: Link Removed
A provision of the federal law known as the Firearms Owners` Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.
Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.
Travelers should be aware that some state and local governments treat this federal provision as an "affirmative defense" that may only be raised after an arrest. The U.S. Court of Appeals for the Third Circuit has also recently held that FOPA`s protections only apply while the firearm is not readily accessible to the traveler, and that a firearm is readily accessible during a hotel stay.
While this decision is only binding in New Jersey, Pennsylvania, Delaware and the U.S. Virgin Islands, all travelers in areas with restrictive laws would be well advised to have copies of any applicable firearm licenses or permits, as well as copies or printouts from the relevant jurisdictions` official publications or websites documenting pertinent provisions of law (including FOPA itself) or reciprocity information. In the event of an unexpected or extended delay, travelers should make every effort not to handle any luggage containing firearms unnecessarily and to secure it in a location where they do not have ready access to it.
OF FIREARMS
Source: Link Removed
A provision of the federal law known as the Firearms Owners` Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.
Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.
Travelers should be aware that some state and local governments treat this federal provision as an "affirmative defense" that may only be raised after an arrest. The U.S. Court of Appeals for the Third Circuit has also recently held that FOPA`s protections only apply while the firearm is not readily accessible to the traveler, and that a firearm is readily accessible during a hotel stay.
While this decision is only binding in New Jersey, Pennsylvania, Delaware and the U.S. Virgin Islands, all travelers in areas with restrictive laws would be well advised to have copies of any applicable firearm licenses or permits, as well as copies or printouts from the relevant jurisdictions` official publications or websites documenting pertinent provisions of law (including FOPA itself) or reciprocity information. In the event of an unexpected or extended delay, travelers should make every effort not to handle any luggage containing firearms unnecessarily and to secure it in a location where they do not have ready access to it.
Hamilton Felix
New member
On a federal level, according to FOPA of 1986, you're legal. But some cities and states often do NOT choose to repect federal law. If not possible to detour around the "bad" states, I'd make it as hard as possible to find in the car, while still complying with the law. Then I'd do everything humanly possible to avoid being stopped for any reason; don't even think about an NRA decal or libertarian bumper sticker. I would NEVER consent to a search or even speak to an Officer without my Attorney present.
But that's me.
But that's me.
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