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Old January 16, 2012, 06:23 PM   #1
Erikbal
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traveling through states not on your permit..

Hello, I live in upstate NY right near the PA border and I have my NYS carry permit and plan to get my PA one as well, which covers multiple states but they are scattered. For example, one state that PA covers is VA. I have an Uncle that lives there and it wouldn't be unlikely for me to go stay a week with him. Now PA is covered and VA is covered but I have to travel through Maryland which is not. What is the proper, legal procedure for traveling through a non covered state? Surely you must be able to somehow or there'd be no point in covering those scattered states, right? Any info is appreciated, thank you.
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Old January 16, 2012, 06:41 PM   #2
Don H
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18 U.S.C. § 926A : US Code - Section 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 16, 2012, 06:46 PM   #3
Aguila Blanca
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What you describe is covered by the Federal "Firearms Owners Protection Act," or FOPA. As long as your possession and carry of a firearm is legal in the place where your trip will begin and in the place where your trip will end, you are allowed to TRANSPORT (not carry) firearms through states where you are lot allowed to carry them. The firearm(s) must be unloaded and carried either in the trunk of your vehicle or, if there is no separate trunk, in a closed container "not readily accessible" from the driver's compartment. The firearm(s) OR ammunition must be in a locked container.

The actual law is US Code Title 18, Section 926A. This is usually cited as 18 USC 926A. It says:

Quote:
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 16, 2012, 07:02 PM   #4
Erikbal
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Awesome thanks for the reply. So I have a Jeep grand Cherokee so basically I need to have the gun and the ammo in the back of the vehicle in an unreachable spot with either the gun or the ammo in some sort of locked box? Sweet thanks guys! Exactly what I needed to know!
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Old January 16, 2012, 07:38 PM   #5
wally626
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The law says gun or ammo locked up, but I would certainly make sure the gun was locked up, if you do not want to explain to the MD state trooper what OR means.
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Old January 16, 2012, 07:39 PM   #6
WW2
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Both gun and ammo in a separate locked container!

I would recommend that both be in separate locked containers. That way you make it obvious you are transporting the weapon and ammunition. Otherwise, an LEO seeing an unloaded, unlocked gun might consider you in violation.

Cases can be had on the cheap, so it shouldn't be a problem.

My soft rifle case cost $19 and is secured with a lock through the pulls of the zipper. Cannot open the case and access the rifle without unlocking, or destroying the case.

My handgun case is plastic and cost $10. Again it is locked with a padlock. To get in it you either destroy the case or unlock the lock.

My range bag was a freebie when I joined the NRA. The ammo goes in there and it is locked with a lock through the two zipper pulls.

This complies with California law and should also work for you. BUT check the laws everywhere you travel so you don't hit a city with cannot carry in car laws!
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Old January 16, 2012, 10:05 PM   #7
hermannr
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My suggestion is, don't drive through Maryland. Go through WV (good unlicensed OC state if PA doesn't cover it.)

In my travels I do not go to, through, or do business in, IL, NJ, MA or MD. I will drive a long way to avoid then. I do have a problem with NY, but no choice on avoiding it...in-laws live there.
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Old January 16, 2012, 10:13 PM   #8
Aguila Blanca
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Quote:
Originally Posted by WW2
I would recommend that both be in separate locked containers. That way you make it obvious you are transporting the weapon and ammunition. Otherwise, an LEO seeing an unloaded, unlocked gun might consider you in violation.
I second the above.

FWIW, New Jersey state law parrots the language of the FOPA almost word-for-word. The exception is that where the FOPA says the firearm "or" the ammunition must be in a locked container, NJ state law says "and." Of course, the Federal law trumps the NJ law, but you'd probably prefer not to spend a weekend in the slammer and hire an attorney to make that point. Dunno if your route will take you through NJ, but if you head down toward Port Jervis and Milford, PA, the three states all kind of blend in there where I-84 crosses the river.

You don't need anything fancy for the ammo. Grab a cheap toolbox from Sears or wal-Mart and put a small luggage padlock on it. Done.
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Old January 17, 2012, 05:33 PM   #9
Erikbal
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Awesome thanks guys. Stupid question here, what is an unlicensed OC state? Thanks..
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Old January 17, 2012, 07:35 PM   #10
Don H
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A state where a person can open carry without having to get some sort of permit from the state.
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