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Old January 24, 2011, 10:24 AM   #14
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 18,470
Quote:
Originally Posted by EricReynolds
Aguila: You don't THINK it's illegal? No offense friend, but I wouldn't take legal advice from someone who only thinks or doesn't think anything. Staying the night does present a problem because if you're here a day or a year, you're IN New York without a NY permit. Forget about carrying, you need a permit just to own a handgun here. As for your other comment, if you planned a cross country trip carrying firearms in your vehicle, would you need to plan an itinerary? The answer is yes if you plan to obey the law. Massachuesets says you can't even pass through. Laws vary a great deal from state to state, it's our responsibilty to be aware of them.
Massachusetts does NOT say you can't even pass through, and even if they did, the Federal FOPA specifically supercedes Massachusetts state law.

http://www.law.cornell.edu/uscode/ht...6---A000-.html
Quote:
Originally Posted by FOPA
TITLE 18 > PART I > CHAPTER 44 > § 926A

§ 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.
Where in the FOPA does it say that an overnight stop is not allowed? The law says what it says -- you may "transport" firearms from any jurisdiction where you can lawfully possess them to any other jurisdiction where you may lawfully possess them. If you think that means someone would have to drive non-stop from Houlton, ME, to San Diego, CA, fine. I don't agree and I don't think any jury would agree.

I concede, however, that some over-zealous police officer somewhere might try to test the law, and I have freely acknowledged that I would prefer not to be the test case. However, I won't fly within the continental U.S., so for any U.S. travel I transport firearms through jurisdictions that don't recognize any of my permits, and I carry printed copies of the FOPA.

Interestingly (or not, if your mind's already made up), but MA and NJ include reiterations of the FOPA language in their own state laws.
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