Carrying where you aren't legally permitted

reerc

reerc

New member
What is the punishment if you are caught carrying in a state that does not recognize your permit? Say, you have a Utah permit and carry on a road trip through Nevada and California - neither which honor the Utah permit? Is it a slap on the wrist, or is it pretty serious stuff?

Not that I'm planning on doing anything illegal, mind you, curious minds just want to know.

Thanks, and good evening.
 
Whatever you decide to do, don't do it ignorantly, and have the resolve to finish what you start.

Sent from my D6616 using USA Carry mobile app
 
1st, totally ignore eidolon, he is a moron... 2nd, it depends on the state and "how" you got found out/caught..... Most thugs with badges dont have a clue what states their state has reciprocity agreements with, so you might get lucky in that regard.... But know that YOU are ALWAYS personally responsible for all of your actions, even if the "law" you may be breaking is 100% UnConstitutional...
 
Bad idea I think. This is from a website posted by a law firm dealing with CA and NV criminal cases: (Shouse California Law Group - California Criminal Defense Lawyers)

California law:
"4.1. Misdemeanor carrying a concealed firearm

Absent aggravating circumstances, carrying a concealed firearm in violation of California Penal Code 25400 PC is a misdemeanor.
41 If convicted of misdemeanor carrying a concealed firearm, you face:
up to one (1) year in a county jail, and/or a maximum $1,000 fine."

Nevada law: "If you are charged with carrying a concealed firearm, explosive substance, or any other dangerous weapon, it is always a category C felony, carrying one to five years imprisonment and maybe a fine of up to $10,000."

By the way, never take my non-lawyer opinion as being correct, check up for yourself, that's why I try and post references and not personal interpretations.
 
I think the key is the word "through" the states. Through means coming in at one point and leaving again on your way to some other state, as passing through Oklahoma, on way to California. This would be covered by the Federal Firearms Transportation Act. But, you must read that and comply with state laws also. The firearm must be in the required place and condition. I am planning a trip to the Midwest latter this year. 2 of the states I will have to go through are MD. and IL. My 2 carry permits don't cover those states, but the Federal Firearms Transport Act does.
The main thing to realize is you have to be going through the state, not to the state. If I live in Iowa, ago to IL. I would be in violation, but if I were going from Iowa through IL. to get to Mich. I would be covered. But I would also have to know the laws of those states.
 
Answer to question. Carrying concealed in a no carry state is like playing with fire, eventually you will get burned.
 
SR9 said:
I think the key is the word "through" the states. Through means coming in at one point and leaving again on your way to some other state, as passing through Oklahoma, on way to California. This would be covered by the Federal Firearms Transportation Act. But, you must read that and comply with state laws also. The firearm must be in the required place and condition. I am planning a trip to the Midwest latter this year. 2 of the states I will have to go through are MD. and IL. My 2 carry permits don't cover those states, but the Federal Firearms Transport Act does.
The main thing to realize is you have to be going through the state, not to the state. If I live in Iowa, ago to IL. I would be in violation, but if I were going from Iowa through IL. to get to Mich. I would be covered. But I would also have to know the laws of those states.
Click to expand...

SR9 is right and the Federal Firearms Transport Act is how you can get through Maryland.

Don't mess around Penalties for illegally carrying a firearm in Maryland include a fine at least $250 (and up to $2,500), at least 30 days in jail (and up to three years in prison), or both.

sinful nature is always hostile to God....
 
Agree with most of what's been said (except try it and see what happens). I went to SC to visit sister last October. They don't recognize Indiana's license to carry. So while there I kept my gun either in the trunk of my car or in the house.
 
SR9 said:
I think the key is the word "through" the states. Through means coming in at one point and leaving again on your way to some other state, as passing through Oklahoma, on way to California. This would be covered by the Federal Firearms Transportation Act. But, you must read that and comply with state laws also. The firearm must be in the required place and condition. I am planning a trip to the Midwest latter this year. 2 of the states I will have to go through are MD. and IL. My 2 carry permits don't cover those states, but the Federal Firearms Transport Act does.
The main thing to realize is you have to be going through the state, not to the state. If I live in Iowa, ago to IL. I would be in violation, but if I were going from Iowa through IL. to get to Mich. I would be covered. But I would also have to know the laws of those states.
Click to expand...

As usual, SR9 is wrong. If you are passing through a state and are transporting a firearm in compliance with 18 USC 926A the Federal Firearms Owners Protection Act you do not have to comply with that state's law which is the exact reason that FOPA was enacted. The reason FOPA was enacted is that in a few states (such as New York) it is impossible to transport a handgun through that state and comply with that state's law.

The very first words of 18 USC 926A are:
https://www.law.cornell.edu/uscode/text/18/926A

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof...
Click to expand...

The definition of notwithstanding is:
preposition
1. in spite of

adverb
1. nevertheless; in spite of this

conjuction
1. although; in spite of the fact that

If you can reasonably comply with a state's law, you probably should. But if you can't, FOPA is written to overturn a state level conviction for transporting a firearm through that state in violation of that state's law. I believe California is the only state that requires a person to open the locked gun case for a police officer to inspect the gun without a search warrant.
 
Please feel free to carry on the banter, it's educational and entertaining - but I believe I have my answer.
 
SR9 said:
Everybody listen to Navy ldcr, because he is a know it all. Dip **** swabby.
Click to expand...

c5bz7.jpg


jAZiVW0nIx2uM22FOvRo.gif


image.png
 
Hey everyone new member here. I have a Massachusetts class A LTC & need to occasionally pick up family members in Rhode Island at the train station. I would keep firearm in vehicle, locked, unloaded & in case & ammo in separate area. 80% of trip would be in MA and would want the firearm for any issues on side of the highway, wouldn't bring it into any buildings.
Any idea if this would be covered in the federal act?
 
You must log in or register to reply here.

New Threads

Members online

No members online now.
Total: 95 (members: 0, guests: 95)

Latest posts

Forum statistics

Threads
49,523
Messages
610,661
Members
74,992
Latest member
RedDotArmsTraining

Share this page

Back
Top