Transportation of ammo from state to state

[njlungbuster]

Ok so reading the federal laws in regards to transporting pistols, I could not find anywhere that answered my question. So I'm hoping someone could answer it or point me to it on the official website.

My question is this: if I'm traveling through states that my CCW isn't recognized, and therefore my pistol is in a lockbox in the back of my pickup or minivan, do I have to unload the magazines? Or can I just store the loaded magazines in a different lock box?

The reason I ask is because when I do get into a state where I can legally carry, it's kinda hard to load magazines in a inconspicuous way. And the law doesn't say the ammo has to be separate from the unloaded magazines, just says separate from the gun and in a locked box.

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[Dekul34]

Depends on the particular state, for most you should be good to go just storing magazines separately, but for example in California a loaded magazine or any 'mechanism designed to feed ammunition' is now treated the same as a loaded firearm.

 

[njlungbuster]

In all the states I've looked at I haven't read anything saying anything about magazines. So that means I should be good right?

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[Paul_of_TX]

In all the states I've looked at I haven't read anything saying anything about magazines. So that man I should be good?

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Not necessarily. I guess that just means it would be up to the police and the prosecutor and how anti gun they happen to be. I would keep everything in something that locks and hope they decide to get into it without a warrant. That would make it easier to get it thrown out in court.

MILLER: Exclusive ? Shock verdict ? Mark Witaschek guilty of possessing muzzleloader bullets in D.C. - Washington Times

"Nevertheless Judge Morin said, “I’m persuaded these are bullets. They look like bullets. They are hollow point. They are not musket balls.”"

 

[njlungbuster]

I have one of these and planned on getting a second for ammo so that it's desperate from the gun. So you're saying I should have three of these? Gun in one, magazines in another, and then bullets in a baggie in another?

Link Removed

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[chilipeppernorm]

I'm not sure anyone can answer your question specifically without you specifying the states you will travel through. Just go to those states web page and click on DOJ, then search on firearms and ammunition transportation.

 

[Paul_of_TX]

I don't think you need a third case. My point was that it doesn't matter what the law says. The left stopped following the law a long time ago and started making it up as they go. You should be fine as long as you don't find one of those ultra left anti gun towns.

To be on the safe side I would keep the gun separate. The ammo and unloaded magazine in a 2nd separate locked box.

 

[njlungbuster]

I'm not sure anyone can answer your question specifically without you specifying the states you will travel through. Just go to those states web page and click on DOJ, then search on firearms and ammunition transportation.

I did. All I find says the ammo needs to be separate from the gun. It doesn't specify if a magazine is a no go or not. Lol frustrating or I'm over thinking it. I live in NJ(New Jermany) so even writing the word bullet on a piece of paper is 25 to life. That said I travel south to Florida and stuff for vacations. My non resident Utah ccw doesn't allow me to carry in Maryland, south Carolina, and Florida. Those are the states I'm mainly concerned with.

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[NavyLCDR]

And the law doesn't say the ammo has to be separate from the unloaded magazines, just says separate from the gun and in a locked box.

for example in California a loaded magazine or any 'mechanism designed to feed ammunition' is now treated the same as a loaded firearm.

I did. All I find says the ammo needs to be separate from the gun.

I'm curious as to where you are finding this MISINFORMATION.

Federal law:
18 U.S. Code § 926A - Interstate transportation of firearms | LII / Legal Information Institute

18 U.S. Code § 926A - Interstate transportation of firearms

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.

Nothing in the law about separating the ammo from the gun. The ammunition must be separated from the driver, not from the gun. Even the California Highway Patrol acknowledges this:

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I will be traveling to California and want to carry my weapon. I currently have a concealed weapon permit. How can I legally transport my weapon while driving through the state?
California law does not recognize concealed weapon permits from other states; therefore, they would not be held valid. If you wish to transport a handgun during your California visit, it should be carried unloaded in a locked container. In the absence of a suitable container, you may secure the unloaded handgun in the locked trunk of a passenger car. Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well.

If you have additional questions, contact the California Department of Justice at 916-227-3703.

 

[njlungbuster]

Maybe I'm just reading it wrong? I don't have a trunk on either of our vehicles so maybe that's where I'm confusing myself? I don't know. I've been reading laws and laws and laws lol.

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[NavyLCDR]

Maybe I'm just reading it wrong? I don't have a trunk on either of our vehicles so maybe that's where I'm confusing myself? I don't know. I've been reading laws and laws and laws lol.

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More than likely you have been reading/hearing people continue to spread false information. Without a trunk, then you use a locked container, even the California Highway Patrol states, "Ammunition may be kept in the same container..."

There is no state that requires you to inform a police officer about firearms being transported unloaded and in a locked container or trunk. 1. Drive careful and it is very unlikely that you be stopped. 2. Never offer information to the police officer about your unloaded and locked up firearms unless they ask you a direct question. 3. I believe California is the only state that requires you to show your unloaded guns to a police officer for inspection at their request, so never allow the officer to search the locked container unless state law requires it. If you answer their direct question that you have an unloaded firearm locked in the trunk and/or container they have no reasonable suspicion that would indicate you would be lying to them especially if they decide to search your vehicle and find a container with a lock on it. I recommend a combination lock so they cannot just take the key from you.

 

[wolf_fire]

I did. All I find says the ammo needs to be separate from the gun. It doesn't specify if a magazine is a no go or not. Lol frustrating or I'm over thinking it. I live in NJ(New Jermany) so even writing the word bullet on a piece of paper is 25 to life. That said I travel south to Florida and stuff for vacations. My non resident Utah ccw doesn't allow me to carry in Maryland, south Carolina, and Florida. Those are the states I'm mainly concerned with.

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Please click on the link in post #9. The Interstate transportation of firearms code states you may travel from where you are legally allowed your firearm TO a place you are legally allowed your firearm.

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.

 

[NavyLCDR]

Please click on the link in post #9. The Interstate transportation of firearms code states you may travel from where you are legally allowed your firearm TO a place you are legally allowed your firearm.

In Florida he can legally have a handgun loaded in the glove box - no license required.

http://www.leg.state.fl.us/Statutes...ng=&URL=0700-0799/0790/Sections/0790.001.html

790.001 Definitions.—As used in this chapter, except where the context otherwise requires:

(16) “Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.
(17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

http://www.leg.state.fl.us/Statutes...ing=&URL=0700-0799/0790/Sections/0790.25.html

790.25 Lawful ownership, possession, and use of firearms and other weapons.—

(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;

(5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

 

[chilipeppernorm]

Well, Navy put a fine point on it, thanks. Perhaps some of your concern is around the letter of the law vs the selective enforcement of the law which can easily vary from jurisdiction, agency, and officer of the law depending on location. You can't control all variables, so follow the letter as best as possible and keep a low profile (no excessive speeding, etc) and you should be good to go.

 

[wolf_fire]

In Florida he can legally have a handgun loaded in the glove box - no license required.

But 18 USC 926 A states "possess AND carry". Is having the firearm in the glovebox, but not able to be carrying it around, not a violation of the Federal transportation code?

 

[Swinokur]

FOPA only requires the gun or ammo to be in a locked case when the vehicle has no trunk. It allows the ammo and gun to be together if they are separated from the passenger compartment. State laws on magazines don't apply if you are traveling through the state and are in compliance with FOPA.

Don't consent to a search of your vehicle. Never.

 

[Rocketgeezer]

If you keep your pistol in a locked box not able to be reached by the driver, and your spare ammo and loaded magazines in another locked box also not able to be reach by the driver, also not in the same area as the pistol box you should be good, if there is any state that this way of doing it is not good enough, leave the gun home or as I would do, don't go there, I have family in NY and I have backed out of more than one visit because of no riciprosity, I have seen them, I usualy make a excuse to meet at a aunts place in PA, not far from where they are

 

[NavyLCDR]

But 18 USC 926 A states "possess AND carry". Is having the firearm in the glovebox, but not able to be carrying it around, not a violation of the Federal transportation code?

"Loaded and on the person " is not a part of the definition of carrying on Federal law. If I am carrying the unloaded handgun in a locked case in my hand then I am still carrying the handgun... Which is perfectly legal for a person without a permit to do in Florida, outside the vehicle.

 

[njlungbuster]

"Loaded and on the person " is not a part of the definition of carrying on Federal law. If I am carrying the unloaded handgun in a locked case in my hand then I am still carrying the handgun... Which is perfectly legal for a person without a permit to do in Florida, outside the vehicle.

Yeah this is true. I'm legally allowed to have my firearm there, just can't conceal it loaded. Carry it like stated is perfectly legal.

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[OngoingFreedom]

Legal Heat has a good video on YouTube about this subject.

Basically, if you are transporting a firearm from one place to another and you can legally possess it in both places, Federal Law (18 U.S.C.A. § 926A) says you may transport it through states that do not allow you to possess it. You must not do anything in that state except that which is necessary for transport (fuel, breaks). If you do more than this (go to a meeting, visit a landmark, etc) you remove yourself from federal protection and subject yourself to state law.

The firearm must be unloaded (of course) and it and any ammunition are placed in a compartment of the vehicle that is not directly accessible from the passenger compartment. If in a vehicle that does not have a separate compartment from the driver's compartment then they must be locked in a container other than the glove box or console. The code does not define unloaded, but states often do, and many of them include "loaded" as ammunition inside a magazine. So if you remove yourself from federal protection then loaded mags may bite you.

Legal Heat says it must always be in a locked, hard-sided case that does not contain any ammunition, and the ammunition must be separate from the firearm but none of that is in the code (except for the locked part when talking about a vehicle with no separate compartment from the driver's).

Compare this with TSA regs about airline travel.

Weapons and ammunition must be declared. Weapons must be checked as luggage (removed from you), unloaded, inside a locked, hard-sided case that is not easily pried open (removed from others trying to steal). This means long gun cases typically must have two locks, one at either end of the case. Ammunition must be stored properly but this includes being stored in magazines if the exposed portions of the mag are covered securely by a pouch, holder, holster or lanyard. Ammunition is also required to be checked and may be stored inside the same case as the weapon but is not required to be locked up. HOWEVER about half of the US airlines prohibit ammo from being stored inside a mag, kind of like some states' view on the matter.