federal law providing defense.........

sewerman · May 21, 2009, 03:06 PM

against N.Y. state law that prohibits the interstate travel of a person with a firearm traveling from a state permited to carry through a state not complying in reciprocity.

i read this on web ste USACARRY but was unable to find the wording of the federal law.

i'm planning a motorcycle trip from deep south to buffalo N.Y. and the only state not showing reciprocity is N.Y.

the usacarry site mentioned in my case carrying unloaded in locked case since i won't have a trunk per/se on the bike.

sure hate to make this trip without being protected during these days.

i have a florida concealed permit.

where would i find this federal law and if there is such a law would the knowledge prevent me form arrest if somehow i was stopped and searched?

thanks'
sewerman

azredhawk44 · May 21, 2009, 03:10 PM

FOPA 1986.

Firearm Owners' Protection Act.

18 USC, SS 921

http://en.wikipedia.org/wiki/Firearm...Protection_Act

Quote:

One of the law's provisions was that persons traveling from one place to another for a shooting sports event or any other lawful activity cannot be arrested for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, in a locked container.[5]

An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time.

This is an interpretation from Wikipedia, so take it with a grain of salt, but unloaded and inaccessible is the key to be protected via FOPA while travelling through various "-istan" states with draconian gun laws. Newyorkistan, Kalifornistan, et cetera.

Print a copy of the FOPA and travel with it, just in case it is necessary to educate an overzealous officer. Or cite to a judge.

Wildalaska · May 21, 2009, 03:26 PM

You can't posssess a handgun nin NY without a permit. You can travel through there with one, but can't stay.

WildifyougettobuffalodothepastafazoolatsantasierosAlaska ™

azredhawk44 · May 21, 2009, 03:29 PM

http://www4.law.cornell.edu/uscode/h...6---A000-.html

I think Wikipedia may be wrong on the code citation... Looks like it is 18 USC SS 926A.

Brian Pfleuger · May 21, 2009, 03:39 PM

Mr. Wild is spot on. If NY is your final destination then you can not be in possession of the handgun in NY state.

Doyle · May 21, 2009, 04:59 PM

The way I interpret this is that because Buffalo is your end point, you are no longer protected by this law from NY's more restrictive law. You might want to change your "end" destination to Erie or some other place just across the border.

Glenn E. Meyer · May 22, 2009, 09:54 AM

Buffalo, one of my old home towns. BUT, don't do this. As pointed out before, you are not protected if Buffalo is your end point.

The local law may also not take kindly to locked case motorcycle carry. You may be trying to explain the law from your cell.

sewerman · May 22, 2009, 11:25 AM

thanks for the insight.

looks like i'm having to change my destination. i will look to see what the definition of passing through is...probably only period of time needed to transverse the state. what about having to stay over because of inclimate weather?

need to do some thorough reading before leaving........

thanks again,

sewerman

**44 AMP** · May 31, 2009, 02:08 PM

The best thing to do is NOT take a gun through those states that prohibit it. There have been numerous cases of travelers, protected by the FOPA, that have run afoul of local law enforcement. The have been arrested, and put in jail, had their guns taken, etc. In the end, the charges get dropped, as the FOPA does protect you. But, until then, you are in arrested, in jail, time and money (lawyer fees) lost, and possible your gun(s) also. If you can avoid it, thats the best thing to do.

good luck.

May 21, 2009, 03:06 PM	#1
sewerman Senior Member Join Date: December 30, 2005 Location: hurricane alley, florida Posts: 304	federal law providing defense......... against N.Y. state law that prohibits the interstate travel of a person with a firearm traveling from a state permited to carry through a state not complying in reciprocity. i read this on web ste USACARRY but was unable to find the wording of the federal law. i'm planning a motorcycle trip from deep south to buffalo N.Y. and the only state not showing reciprocity is N.Y. the usacarry site mentioned in my case carrying unloaded in locked case since i won't have a trunk per/se on the bike. sure hate to make this trip without being protected during these days. i have a florida concealed permit. where would i find this federal law and if there is such a law would the knowledge prevent me form arrest if somehow i was stopped and searched? thanks' sewerman __________________ "When the government fears the people, there is liberty. When the people fear the government there is tyranny!" Thomas Jefferson "They that can give up an essential liberty to obtain a little temporary safety, deserve neither liberty nor safety!" Benjamin franklin The Armed Citizen PREVENTS tyranny!

May 21, 2009, 03:39 PM	#5
Brian Pfleuger Moderator Emeritus Join Date: June 25, 2008 Location: Austin, CO Posts: 19,578	Mr. Wild is spot on. If NY is your final destination then you can not be in possession of the handgun in NY state. __________________ Nobody plans to screw up their lives... ...they just don't plan not to. -Andy Stanley

May 22, 2009, 09:54 AM	#7
Glenn E. Meyer Senior Member Join Date: November 17, 2000 Posts: 20,064	Buffalo, one of my old home towns. BUT, don't do this. As pointed out before, you are not protected if Buffalo is your end point. The local law may also not take kindly to locked case motorcycle carry. You may be trying to explain the law from your cell. __________________ NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens

May 22, 2009, 11:25 AM	#8
sewerman Senior Member Join Date: December 30, 2005 Location: hurricane alley, florida Posts: 304	thanks for the insight. looks like i'm having to change my destination. i will look to see what the definition of passing through is...probably only period of time needed to transverse the state. what about having to stay over because of inclimate weather? need to do some thorough reading before leaving........ thanks again, sewerman __________________ "When the government fears the people, there is liberty. When the people fear the government there is tyranny!" Thomas Jefferson "They that can give up an essential liberty to obtain a little temporary safety, deserve neither liberty nor safety!" Benjamin franklin The Armed Citizen PREVENTS tyranny!

May 31, 2009, 02:08 PM	#9
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,820	Even though Fed law protects you, you are still at risk The best thing to do is NOT take a gun through those states that prohibit it. There have been numerous cases of travelers, protected by the FOPA, that have run afoul of local law enforcement. The have been arrested, and put in jail, had their guns taken, etc. In the end, the charges get dropped, as the FOPA does protect you. But, until then, you are in arrested, in jail, time and money (lawyer fees) lost, and possible your gun(s) also. If you can avoid it, thats the best thing to do. good luck. __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

May 21, 2009, 03:26 PM	#3
Wildalaska Junior member Join Date: November 25, 2002 Location: In my own little weird world in Anchorage, Alaska Posts: 14,172	You can't posssess a handgun nin NY without a permit. You can travel through there with one, but can't stay. WildifyougettobuffalodothepastafazoolatsantasierosAlaska ™

May 21, 2009, 03:29 PM	#4
azredhawk44 Junior member Join Date: September 28, 2005 Location: Mesa, AZ Posts: 6,465	http://www4.law.cornell.edu/uscode/h...6---A000-.html I think Wikipedia may be wrong on the code citation... Looks like it is 18 USC SS 926A.

May 21, 2009, 04:59 PM	#6
Doyle Senior Member Join Date: June 20, 2007 Location: Rainbow City, Alabama Posts: 7,167	The way I interpret this is that because Buffalo is your end point, you are no longer protected by this law from NY's more restrictive law. You might want to change your "end" destination to Erie or some other place just across the border.