Indiana to Arizona

[paradox47]

I am taking a trip from Indiana to Arizona. I have an Indiana CCW. I plan to just transport the weapons and not carry. New Mexico does not honor the Indiana CCW. Is it Ok to transport the handguns across New Mexico if I have them locked up in the trunk? I don't want to get in trouble and do not want to take a jog from Oklahoma into Colorado to get into Arizona.

Thanks.

 

[Midnight]

The Federal Transport Firearm Law from the 1986 FOPA says that you can legally transport a firearm from one point where you may legally possess it to another point you may legally possess it, even through states that aren't gun friendly and where it would otherwise be illegal. You just have to make sure that the ammo and the gun are separated (not in the same case) and that your gun is locked up somewhere you can't immediately access it.

 

[NMHunter]

I am taking a trip from Indiana to Arizona. I have an Indiana CCW. I plan to just transport the weapons and not carry. New Mexico does not honor the Indiana CCW. Is it Ok to transport the handguns across New Mexico if I have them locked up in the trunk? I don't want to get in trouble and do not want to take a jog from Oklahoma into Colorado to get into Arizona.

Thanks.

I am not an attorney. I do not play one on the radio. Having that clear.

NM is an open carry state. Your vehicle is considered an extension of your home and you can carry in your home and on your property in the open or concealed, your choice. See the web pages below.

Stop by on your way through NM. Just off I-40 in Grants. I'm here Tues through Saturday. :biggrin:

Loeffler's Guns, Etc.
825 W. Santa Fe Ave.
Grants, NM 87020
505-287-4003

David

FAQ from NMDPS, the open carry information is a little down this page.
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This is the NM Concealed Carry page
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[paradox47]

Thank you

Thanks to both of you for you replies. The guns will be in a small safe and the ammo stored away.
Again, thank you.

 

[442js]

The Federal Transport Firearm Law from the 1986 FOPA says that you can legally transport a firearm from one point where you may legally possess it to another point you may legally possess it, even through states that aren't gun friendly and where it would otherwise be illegal. You just have to make sure that the ammo and the gun are separated (not in the same case) and that your gun is locked up somewhere you can't immediately access it.

You just can't take a detour through the state. You can drive through the state, and stop for gas without a problem. There is a possibility that stopping for the night or for some other reason may cause that Federal law not to be applicable anymore. Probably wouldn't have a problem in NM, but I guess if you were going through NY you would have a problem.

 

[NMHunter]

"You just can't take a detour through the state. You can drive through the state, and stop for gas without a problem. There is a possibility that stopping for the night or for some other reason may cause that Federal law not to be applicable anymore. Probably wouldn't have a problem in NM, but I guess if you were going through NY you would have a problem."

NM and AZ do not differentiate between residents and non-residents as far as car carry. I just made a trip through AZ to see my mom in the PLPDR of CA and had to "go naked" while I was out of civilized country. There are differences in on-person carry between AZ and NM though. We're trying to get NM to go Constitutional but that will be a long, hard row to hoe. Let's hope and pray for national reciprocity.

 

[NavyLCDR]

You just have to make sure that the ammo and the gun are separated (not in the same case)

FOPA does not require that. In fact, if a person were to place the gun in the trunk and the ammo in the passenger compartment, they would be in violation of the FOPA requirements.

Also, FOPA is only an OPTION for a person transporting a firearm. It offers the traveler protection against state laws IF the traveler complies with the requirement of FOPA. If traveling interstate, the traveler has two options: they may comply with each state's laws as the pass through that state, or they may comply with FOPA.

New Mexico is one of the least restrictive states between Indiana and Arizona. You can carry the handgun loaded anywhere in the vehicle that you want to. The only restriction in New Mexico is that it cannot be concealed on your person outside the vehicle without a recognized license. Open carry outside the vehicle is fine.

FOPA:
18 USC 926A:

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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.

Nowhere in the statute is the requirement to have the gun and ammo in separate containers or compartments.