The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools Search this Thread
Old April 4, 2012, 06:54 PM   #1
10 acre woods
Member
 
Join Date: December 1, 2011
Location: the commie state of il
Posts: 73
travling guns

So just a question or two. can you travel from state to state with your gun.
I suppose you can do so with your own gun.
If so why is it you can't purchase a gun from another state and bring it home without a ffl.
I know this only applies to a pistol only seeing I bought a rifle in Kentucky and I live in Illinois.
__________________
9 out of 10 armed robbers agree that you should not own guns or conceal them. The other 10% stole the survey.
Some times heaven is knowing you can send someone straight to hell.
10 acre woods is offline  
Old April 4, 2012, 09:47 PM   #2
Aguila Blanca
Staff
 
Join Date: September 25, 2008
Location: CONUS
Posts: 18,460
Google "FOPA." It isn't as simple as you appear to believe.

Some states don't mind if you travel through with a gun, other states mind very much. The Federal law is supposed to take care of that, but it begins with the premise that possession and carry of the gun(s) is legal in the place where the journey begins AND in the place where the journey will end. It spells out the specific conditions under which firearms may be transported (not "carried") in order to fall under the protection of the law.
Aguila Blanca is online now  
Old April 5, 2012, 10:23 AM   #3
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by 10 acre woods
...can you travel from state to state with your gun...
As Aguila Blanca points out, that can be complicated. He's given you some good advice.

A lot depends on whether you're just passing through or plan to stay awhile. And it can also depend on whether your talking about handguns or long guns.

If you're only passing through, the FOPA (federal law dealing with traveling with guns between States) can apply, but only if you satisfy its requirements. And we seen reports of people having trouble in a number of State, principally New York and New Jersey, even when they've complied with the FOPA. If you Google "FOPA, safe passage" you'll get links to a number of discussions of the law on various gun boards as well as some further explanation of the law's requirement.

If you're planning on staying some place, you'll need to do some research on the laws there regarding possession of guns. Handgunlaws.us can be useful. This is also a good source for some useful books for someone traveling with guns.

Quote:
Originally Posted by 10 acre woods
...If so why is it you can't purchase a gun from another state and bring it home without a ffl.
I know this only applies to a pistol only seeing I bought a rifle in Kentucky and I live in Illinois...
That's federal law, and it really applies to both handguns and long guns. So in general someone may not buy a gun in a State other than his home State without going through an FFL. It does work a little differently depending on whether you're talking about handguns or long guns.

If you're interested in the details, I go through them in this post.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
Frank Ettin is offline  
Old April 5, 2012, 11:04 AM   #4
bikerbill
Senior Member
 
Join Date: September 19, 2007
Location: Lago Vista TX
Posts: 2,425
We're getting ready to transit Mordor (better known, I guess, as Illinois) on our way to Wisconsin, so I checked on the federal statutes contained in the McClure-Volkmer Act of 1986 ... as I read them, if you are passing through and don't plan any stops other than for gas, food or an emergency, you can travel through such backwaters if the gun you're carrying is legal for you to own in your home state and in the state you are heading for. Having a CHL makes it a lot easier to confirm that info. In the case of IL, tho I may not have to go to these lengths, I'm planning on taking a locking case and unloading, breaking down and locking up my EDC in the case and in the trunk. Ammo stored separately, also in a locking case. I think I may be going overboard on all that, but the idea of being busted there for something I can do every day in the Republic of Texas is really annoying ... All the other states we will be driving through honor my CHL, so no problems there ... Incidently, just got a great reference book, the 2012 edition of the Traveler's Guide to the Firearms Laws of the Fifty States. got mine through Amazon ...
__________________
"The welfare of humanity is always the alibi of tyrants." Albert Camus
bikerbill is offline  
Old April 5, 2012, 12:39 PM   #5
CowTowner
Senior Member
 
Join Date: October 17, 2007
Location: Cowtown of course!
Posts: 1,747
A pound of prevention is worth every once compared to jail time.
__________________
NRA Chief Range Safety Officer, Home Firearms Safety, Pistol and Rifle Instructor
“Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life......” President John F. Kennedy
CowTowner is offline  
Old April 5, 2012, 04:10 PM   #6
dsa1115
Senior Member
 
Join Date: March 10, 2010
Location: Illinois
Posts: 444
In Illinois, just unload the gun, case it and throw it in the trunk. A case in your trunk doesn't need to be locked.
dsa1115 is offline  
Old April 6, 2012, 11:07 PM   #7
C0untZer0
Junior member
 
Join Date: April 21, 2011
Location: Illinois
Posts: 4,555
The Illinois Supreme Court ruled on 10/8/2009 (Docket # 106367) that the Center Console of a vehicle was a case and a firearm could be carried in the closed Center Console.

If you are driving through Illinois and the weapon is not in a glove box or center console or trunk of the car, and a police officer sees it - you'll go to jail.

You'll also be fighting the Illinois Attorney General for a long long time before you get your gun back - if ever.
C0untZer0 is offline  
Old April 8, 2012, 09:17 PM   #8
bitttorrrent
Senior Member
 
Join Date: April 21, 2011
Location: Chicago
Posts: 703
I believe the Illinois laws do not specifically say that the ammo must be in a separate container or space.

So if you gun is UNLOADED and in a case say in the back of the car or the trunk - i have a jeep so there is not trunk, the ammo can be with it or the magazines that are loaded can be with it, but the gun itself cannot be loaded.

This is all you have to do to be legal.

But if you were stopped in Chicago they would probably harass you anyway and probably take your gun because the Chicago Police are rude like that. I am not just saying, they tried shoving me up on the cruiser and arrest me once for nothing but working on my motercycle after work when I was younger cause they thought i looked like a gang banger. I do not like their attitudes!
bitttorrrent is offline  
Old April 12, 2012, 09:33 AM   #9
WV_gunner
Senior Member
 
Join Date: December 14, 2011
Location: WV
Posts: 938
I'm going to be traveling to NC soon and was wanting to know basically the samething. In WV the guns I plan to take to NC are completely legal, but I don't know about NC. And I'll be traveling through VA. I know my .22 revolver should be completely legal, but my 9mm is another question. It holds 16 rounds, is this legal in NC? The guns will be in separate cases in the trunk and ammo will be stored in another container.
WV_gunner is offline  
Old April 12, 2012, 04:32 PM   #10
hermannr
Senior Member
 
Join Date: March 24, 2011
Posts: 730
Personally, I just drive around IL. I don't like to pay to drive on their pot hole full roads, and I don't like their gun laws.

Yes, it is easiest/closer for me to drive through Chicago, but I just refuse to do so. I just use it as an excuse to visit friends in MN.
hermannr is offline  
Old April 14, 2012, 08:22 PM   #11
wally626
Senior Member
 
Join Date: July 31, 2009
Posts: 642
Quote:
I'm going to be traveling to NC soon and was wanting to know basically the samething. In WV the guns I plan to take to NC are completely legal, but I don't know about NC. And I'll be traveling through VA. I know my .22 revolver should be completely legal, but my 9mm is another question. It holds 16 rounds, is this legal in NC? The guns will be in separate cases in the trunk and ammo will be stored in another container.
No issues in VA. Very limited number of forbidden guns in VA, things like 12-round shotguns and the like. There are some limits to open carry of high capacity magazines in a few cities and counties but no problem for car carry.
Unloaded in trunk is fine.
wally626 is offline  
Old April 19, 2012, 12:52 PM   #12
C0untZer0
Junior member
 
Join Date: April 21, 2011
Location: Illinois
Posts: 4,555
This guy was charged with Aggravated UUW - under IL state law. And no one can understand how he broke state law, as we understand it:

http://www.chicagotribune.com/news/l...,5025257.story

He may have violated Greyhound company policy but that shouldn't get you charged under state law + 50K bail.
C0untZer0 is offline  
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 11:03 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2021 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Page generated in 0.07853 seconds with 8 queries