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Old January 26, 2010, 09:23 PM   #1
blackdog_507
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Can I carry my personal guns across state lines?

I feel like as a responsible gun owner I should know the answer to this, but I've just never had the need to know. I'm taking a trip with my family and I want to bring my gun along in the car. I do NOT have CCW permit, as I live in IL and we don't allow any concealed carry. I have my IL FOID card and of course a valid drivers license. If I'm not selling or transferring a gun across state lines, am I allowed to transport it across state lines? It would be properly stored in a case, unloaded of course, with ammunition stored safely as well. If it were just me, I wouldn't worry so much, but a family trip is no time to be hauled off in handcuffs. Any advice is appreciated.
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Old January 26, 2010, 10:21 PM   #2
highvel
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The NRA website has a link to state firearms laws, I'd check there.
http://www.nraila.org/GunLaws/Default.aspx
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Old January 26, 2010, 10:56 PM   #3
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Can I carry personal guns across state lines

Blackdog 507, Travelers Guide to the Firearm Laws of the Fifty States www.gunlawguide.com . My wife surprised me with this publication on Christmas a few years ago, wow it's been nine years, this has been very helpful on my varmint hunting trips. "O'B"
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Old January 26, 2010, 11:26 PM   #4
Don H
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Here is the controlling federal law:
Quote:
§ 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.
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Old January 27, 2010, 07:26 AM   #5
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if you are traveling to someplace where you can legally have the gun

then yes... since the most difficult place for this is where you live.... I think your are okay.

Now what I would do is what a friend of mine did who lives outside of Chicago... he took a class and such and got a Florida Permit... now he can carry in most states out side of Illinois excluding WI & IA. You can carry West till Colorado, all over the south except for my screwy state of S.C. and even east till you get to MD, NJ or NY.
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Old January 27, 2010, 11:26 AM   #6
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One thing to notice about the Federal law, should you choose to transport your gun according to those provisions is that the Federal law does not require ammunition to be stored seperately from the gun. It does require the ammunition to be separated from the occupants of the vehicle, just like the gun.

Many people mistakenly put the gun in the trunk and carry a box of ammo in the glove box or somewhere else inside the passenger compartment and actually are not complying with the Federal statute, and, therefore are not protected by it.
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Old January 27, 2010, 11:38 AM   #7
Brian Pfleuger
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I assume that you're speaking of a handgun since you mention CCW. Since you don't have a CCW permit, it is unlikely that your final destination is a place wherein you can legally possess the gun. Many states have CCW reciprocity agreements, but there are few that allow an out of state resident to possess a handgun without a permit from the state of residence. If that is the case, the federal transport law does not protect you.
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Old January 27, 2010, 11:42 AM   #8
NavyLT
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Peetzakilla,

The Federal statute says nothing about requiring to be legal to carry that firearm concealed on the person. In about 48 states it is legal to possess a handgun and to carry that handgun in some form without a permit, even if that form of unlicensed carry is unloaded and securely enclosed in a case. Even states like Illinois and California fall into that category.

The only two "states" I can think of that would be exceptions are New York and D.C.
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Old January 27, 2010, 01:00 PM   #9
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I think that what Blackdog is referring to is simply taking the gun with them, not CCW.

And I believe you're kosher to simply pack the gun as though you were going to range and go. I might not be interpreting certain laws correctly, but because that gun was purchased legally by you in Il and you posses the required license to own it, other states will recognize your right to own it, but not carry it in a ready to fire state.
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Old January 27, 2010, 01:14 PM   #10
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Two states will allow him to carry it, without a license, concealed in a read-to-fire condition, Alaska and Vermont. Many other states will allow an unlicensed person to open carry the gun loaded, but a few of those states require the gun to be unloaded if in a vehicle.
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Old January 27, 2010, 02:00 PM   #11
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As been said many times, depending on the state and locality - don't expect the local law to abide by the Federal law. Check out a state's record on that. You may beat the rap after the ride.
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Old January 27, 2010, 02:10 PM   #12
Brian Pfleuger
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Quote:
Originally Posted by NavyLT
In about 48 states it is legal to possess a handgun and to carry that handgun in some form without a permit, even if that form of unlicensed carry is unloaded and securely enclosed in a case. Even states like Illinois and California fall into that category.
No kidding. I would never have guessed that.

How many states allow for the non-resisdent individual to carry the loaded gun on their person in some fashion? I have to wonder what would be the point of taking a gun with you that was required to be locked in a box loaded or otherwise. It would be pretty useless.
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Old January 27, 2010, 02:16 PM   #13
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If my count is right, 26 states allow an unlicensed person to open carry a loaded handgun. Some of those states will have vehicle restrictions, though.

As for carrying a handgun in a case, unloaded, locked, etc., in almost every state, except New York again, it would be legal for that person to have the handgun fully loaded and ready to use once they were inside their hotel room or in an RV set up for parking.

http://www.opencarry.org/opencarry.html
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Old January 27, 2010, 02:22 PM   #14
Don H
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Quote:
How many states allow for the non-resisdent individual to carry the loaded gun on their person in some fashion?
Utah, for one. A person, resident or non-resident, without a permit can legally open-carry a semi-auto (for example) as long as there is not a round in the chamber. A handgun in a vehicle can be fully loaded and concealed.
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Old January 27, 2010, 02:47 PM   #15
Brian Pfleuger
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Quote:
As for carrying a handgun in a case, unloaded, locked, etc., in almost every state, except New York again, it would be legal for that person to have the handgun fully loaded and ready to use once they were inside their hotel room or in an RV set up for parking.
I'll take your word for it. It's much too complicated for me to decipher. Too many weird restrictions on resident vs non-resident, open vs concealed, in-car and out-of-car....
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Old January 27, 2010, 06:40 PM   #16
blackdog_507
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Thanks for the input.....

....and all I want to do is carry the firearm with me, unload, not CCW. I just don't like the idea of be a few hundred miles from home with no form of defense or protection available to me. It wouldn't be of much use for a car jacker since it will be locked up, but I just feel better knowing I have it along. I think judging by what i've read here and the links provided, I should be fine. I'm just traveling to Southern Missouri, and they're pretty 2nd Amendment friendly there.
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Old January 28, 2010, 07:05 AM   #17
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Blackdog, if you have the time.... i would find out what

you can actually do with the handgun once you leave your state and cross over into Missouri....

I can only relate it to my state of S.C. once you were in S.C. you could remove the handgun from the trunk, load it and put it in your glove box or center console if it has a door... and yes travel with a loaded gun in the car. Once you got to where you are staying you can carry the gun open or concealed to inside the place you are staying... hotel, someone else's house (with their permission) or rental house....

every state is different...
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Old January 28, 2010, 12:36 PM   #18
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Here is a link to a PDF that may help from the Western Mo Shooters Alliance...

www.wmsa.net/CCW/SHP-863.pdf

Read the part about carrying a weapon in a vehicle.

If you have a gun unloaded and cased in the trunk of your vehicle you will not have a problem in Missouri as long as you are not a felon.
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Old January 28, 2010, 06:37 PM   #19
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Your case is actually pretty simple as you're only crossing one state line. So long as you are in compliance with the laws of both Illinois and Missouri, you should be fine. Where things get complicated is when you are crossing multiple state lines. For example, suppose you are traveling from State A to State B but you must pass through State C in order to get there. Further, suppose that State C requires a lisence to posess a handgun at all but State A and B neither require nor offer such a lisence. So long as you travel straight through State C, stopping only for gas, restroom breaks, meals, etc., you should still be legal. However, if you decide to get a hotel room for the evening in State C, you may be in violation of the law.
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Old January 29, 2010, 07:41 AM   #20
blume357
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Actually I don't think so.... as long as you are continuing your travel

toward either state B or A. I think a reasonable interpretation of the law would be that you have to stop and rest / sleep while interstate traveling....

The definition could actually be Washington state to Florida.... obviously a lot of states and distance in between ... and some of those states could outlaw handguns completely...
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Old January 29, 2010, 11:23 PM   #21
fletchbutt152
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hmmm...

If you are taking it, I would take it loaded as soon as I got out of that $#!+hole called Illinois. There is no point in having it with you unless it is useful. I travel a lot and at least one of the guns I have with me is loaded and accessible.

P.S. Don't speed or drive drunk!

Last edited by fletchbutt152; January 29, 2010 at 11:24 PM. Reason: Add the P.S.
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Old January 30, 2010, 02:05 AM   #22
Frank Ettin
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This is the kind of situation in which something like a Florida and/or Utah non-resident CCW can come in handy. They're recognized in many states (see http://www.handgunlaw.us/). Even if you're not planning on carrying, having one would simplify things.
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