A question regarding driving thru a state that you don't have any type of gun permit or license in while transporting a firearm that is locked in a container inaccessable to the driver. I get the feeling by reading this and other posts that it is legal to do so even though your license is not good or does not have reciprocity in the state you would be driving thru. I thought I read somewhere that there is a law that allows you to do this??
Thanks for the help!
You have two choices when possessing a firearm while traveling interstate (between states). The first choice is to abide by every state's law once you enter that state.
Many states such as Nevada, Colorado, Arizona, New Mexico (just to name a few, there are many others) allow a person to carry a loaded handgun in a vehicle without any permit or license. Some will require the loaded gun to be openly carried, or carried in a compartment in the vehicle, Texas requires the gun to be concealed but can be concealed anywhere. We are speaking in terms of without a license. With a recognized license or permit concealed on the person should always be allowed in a vehicle. Some states, such as Oklahoma, require the gun to be transported unloaded and plainly visible in the vehicle, if the person does not have a recognized license/permit.
OR
FOPA - Federal law - Firearms Owner's Protection Act (18 USC 926a):
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
OR the person can mix the two. Without a permit, for example, in Arizona they could concealed carry the gun on their person and then in any state they chose to, they could switch to transporting the gun according to FOPA above. FOPA only covers the person DURING travel, though. The minute a person stops in a state for any reason other than incidental to traveling, such as visiting relatives or sightseeing - that state's laws will now apply and FOPA won't protect anymore, until they start traveling again. Being in an RV should make that pretty easy, though. Once the RV is off the road and set up for "camping", it becomes a domicile and then law enforcement needs a search warrant to enter the domicile unless they have reasonable and articulable suspicion that a person's welfare is at stake.
The final rule is NEVER, EVER, EVER allow law enforcement to access the locked compartment or case where the firearm is being stored/transported/carried.
leasantry:
