Laws about possession

[tomcookpsu]

The links to CC laws in various states is helpful. But is there a place to find possession or ownership laws by state?

We are retiring and traveling pretty much full time in our Airstream trailer. The only information I could find about possessing are the horror stories of MD, NJ and NY.

Our first trip is from VA to Maine. I've read the Federal Transit laws. At best it seems it applies to transit without stopping. We had planned to spend several days in NJ and NY as well as each of the New England states.

In states where our CCP is not recognized the pistols would be locked in a gun safe bolted to the floor of the trailer under our bed. But short of lying to LEO's and possibly subjecting ourselves to a long search there seems to be no solution except to never have guns with us.

Any ideas or encouragement will be greatly appreciated.

Thanks.

 

[TrapperBob]

I don't know if this is helpful or not, but my daughter's mother-in-law is a judge in New York and her father-in-law is a Manhattan criminal defense attorney. Their advice to me was unless you are travelling straight through, without stopping for ANYTHING but gas, or specifically going directly to and from an NRA sponsored event ('NRA sponsored event' is actually specified in the law) you should NEVER take a handgun into the state of New York. I am sure others will tell you the federal transit laws protect you, but that's a positive defense in NY, meaning they can arrest you, and then you can use that as a defense at trial, it won't keep you from being arrested.

Maybe this is an over reaction, and I'm sure others will say it isn't really that bad and they were just being overly cautions as lawyers tend to do, but given that a NY judge and a NY lawyer both gave me that that advice, I follow it!

On the other hand, I've never been asked, in any state, whether I had a gun with me. And if you obey the traffic laws there's no reason to get pulled over to start with. NC is a must inform state where we have to inform a LEO if we're carrying a concealed gun at the start of any official LEO interaction. Never had any official LEO interaction (other than with the Game Warden, where it's rather obvious I'm carrying a weapon, it's not concealed), so never been an issue. Probably wouldn't be an issue in NY either, but I personally am not taking the chance. YMMV

 

[tomcookpsu]

And if you obey the traffic laws there's no reason to get pulled over to start with. YMMV

EXCEPT my wonderful Commonwealth of VA shares CCP data with other states. MD has pulled people over and searched vehicle simply because the tags on the car matched name on CCP.

Really don't want to travel unprotected but it looks like that is the only way to avoid problems.

Unless somebody checks in with more optimistic information.

 

[bofh]

There are some estimated 20,000 firearms laws in the US, most (if not all) of them unconstitutional and many of them even contradicting each other. Your best course of action is to carefully study the firearms laws that apply to you when traveling. See www.handgunlaw.us. NY state requires a pistol license for possession, which is only available to NY state residents (handgunlaw.us | New York). NJ is equally stupid, as it does not recognize any other state's permit and has complex firearms laws (handgunlaw.us | New Jersey).

 

[NavyLCDR]

In any state that you do not have a firearms license which was issued by that same state which requires a verification by a law enforcement agency in that state, it is illegal to carry a loaded firearm within 1000' of a school on public property. Reciprocity does not exempt you from that Federal prohibition. Millions of people violate that law every day. Just sayin' - you can abide by every law regarding possessing a firearm - or you can carry and/or possess your firearms in a manner that might be illegal - but also has very little chance of getting caught and/or prosecuted. People who carry within 1000' of a school in a state they don't possess a same state issued license for are counting on not getting cited and prosecuted even if they happen to get caught.

18 U.S. Code § 922 - Unlawful acts
(q)
(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is—
(I) not loaded; and

(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

 

[tomcookpsu]

More discouraging words. I had hoped for some kind of solution.

I guess writing to my Congressman and asking for a Federal law requiring all states to recognize all other states licenses is the best I can do. And I've done it every year for the past 6 or so.

 

[BluesStringer]

More discouraging words. I had hoped for some kind of solution.

I guess writing to my Congressman and asking for a Federal law requiring all states to recognize all other states licenses is the best I can do. And I've done it every year for the past 6 or so.

You should probably check out this thread, National Reciprocity, but don't be surprised if you perceive the majority of opinions there to be more "discouraging words." National reciprocity legislation, as presently constructed, is not thought by many to be good for the Second Amendment, and I'm included in that group.

Blues

 

[bofh]

More discouraging words. I had hoped for some kind of solution.

I guess writing to my Congressman and asking for a Federal law requiring all states to recognize all other states licenses is the best I can do. And I've done it every year for the past 6 or so.

No. Read this thread on why: http://www.usacarry.com/forums/politics-and-news/49778-nationwide-reciprocity.html.

 

[rt48]

Generally speaking there will be three categories of states you will need to deal with:

1. Those that recognize your VA license. You simply have to obey the concealed carry laws in those states.
2. States that don't recognize your license but still allow you to possess and transport your gun. Some of those may even allow you to carry it loaded in your vehicle.
3. Finally, there are states where mere possession of a handgun will get you arrested and charged. NY, MA and NJ being the most famous of those.

handgunlaws.us can inform you as to which state is in which category.

 

[XD40scinNC]

The US Constitution is null and void in those states.