How do you carry in states that don't have reciprocity

[SuperDave419]

Just wondering how everyone handles states that don't have reciprocity with their state for Firearms. For example the Ohio CCW Reciprocity isn't good for illinois, so if I drive through illinois whats the best/legal way to store a handgun?

[chris in va]

Technically, you don't. Leave it at home or avoid the state. Legally you can drive through a state without stopping if the gun is stored unloaded in the trunk, but even that is sketchy.

[lee n. field]

Just wondering how everyone handles states that don't have reciprocity with their state for Firearms. For example the Ohio CCW Reciprocity isn't good for illinois, so if I drive through illinois whats the best/legal way to store a handgun?

Illinois' carry law allows for ccw by permitted residents of other states driving through the state. illinoiscarry.com would have details and links on that.

[P71pilot]

I would stop right before that state or soon upon entering that state and do like you would if you did not have a ccw in Ohio, separate the gun and ammo. Like put the gun unloaded in the glove box and ammo in trunk, or vise versa. In Ohio you can only have a loaded weapon in your vehicle if you have a Concealed license, and the weapon must only be in access to the license holder, no one else, so pretty much you have to be carrying it on your person or maybe some holster underneath the steering wheel above your feet. And in Ohio guns and ammo must be in seperate compartments of the vehicle. I believe actions must be locked open to show they are not loaded as well.

[James K]

The federal FOPA only applies to people passing through a state, not to people going TO a state. If you are passing through IL and the gun is legal to own in the destination state, you lock the gun and ammo separately where the gun cannot be accessed by a person in the car as previously described.

I will never advise that anyone break the law, but in reality the possibility of being stopped and searched is extremely remote. Guns aside, "tweaking" the police is never advisable. Avoid speeding, but move with traffic. Forget the "Off the Pigs", "Kill 'em all" and "Cold dead hands" bumper stickers. Don't wave your gun around or point it at other cars. Stay sober. Remove all gun-related items, even gun magazines (ammo kind and reading kind) from any place in the car where they could be seen by an officer and give probable cause to search the vehicle. It is also best in some states to remove NRA stickers. At another level, some kinds of cars attract cops like flies to honey. Those who drive them know what they are and some like them for that reason, but there could be a payback if increased police scrutiny is not what you want.

Jim

[cougar gt-e]

Like put the gun unloaded in the glove box and ammo in trunk, or vise versa.

In some states, a gun in the glovebox is illegally concealed. Given the Illinois reputation for gun hatred, I would check before doing anything. And the answer is a polite "no sir, you do NOT have permission to search anything".

Followed by "am I free to go?"

[Aguila Blanca]

As already noted, for interstate transport through states that don't recognize any of your permits, the federal FOPA law:

https://www.law.cornell.edu/uscode/text/18/926A

[Walt Sherrill]

Originally Posted by James K

I will never advise that anyone break the law, but in reality the possibility of being stopped and searched is extremely remote.

The likelihood of being stopped and searched, while remote, is probably less remote than you ever actually NEEDING to use your weapon for self-defense as you drive through that non-reciprocal state on a road trip.

But, it's certainly a trade off, to be sure -- trying to decide what's the bigger danger.

I think I'll risk driving in a non-reciprocal state, with my unloaded weapon locked in the trunk, with ammo in a separate location in the trunk -- if only because being stopped and the LEO finding an "illegal" weapon could lead to legal issues that might endanger my ability to carry concealed elsewhere and in my home state.

No easy choices in this situation.

[NoSecondBest]

If you get caught is some states it's a felony. When you get back home (after getting bailed out and getting a court date) they'll be waiting to take your guns from you. They won't take the one(s) you already lost when you got caught. Be prepared to lose your guns, do some jail time, and shell out thousands of dollars for a lawyer. It's just a bad idea to carry a gun in a state where you don't have legal permission to do so. If you don't think you'll get caught, think again. They catch people daily here in NY trying to get into Canada or coming out of Canada. Also, the State Police often ask if there are any firearms in the car. However, at the end of the day it's your choice.

[Armorer-at-Law]

The short answer is that you obtain a non-resident license from the other state. If they don't recognize your state's license and don't issue non-resident licenses, you cannot carry legally.

[rwilson452]

As a further note. States like NY are what I call "fork over" states. Lock up your pistol as indicated in the FOPA. Try to make no stops while passing through the state. Absolutely no overnight stops or to visit anyone. You cannot be in possession of a hand gun in NYS without a NY permit. Getting a NY permit as a non resident is nearly impossible.

[kilimanjaro]

If you do not have a permit from the state you intend to travel in, best advice is to not carry. Separate the pistol and ammo, lock them up in containers in the trunk. Sorry, but that's just how it is until we get a President who has a CPL in office and says his state license is valid in all states, or SCOTUS rules the same.

[rickyrick]

Follow the state in which you are traveling laws. It may take some research on your part since it is your responsibility.

I have traveled across the country a few times with guns.

I drive around states that are extremely restrictive or hard to decipher the laws.

Most states have peaceable journey laws or clauses...
Some you can travel through but not allowed to stop.

The best ones will allow you to travel if stowed and locked in an appropriate container.
If it's not clear to YOU, avoid that state.

[pblanc]

I live in a state bordering Illinois and drive through Illinois all the time.

Illinois does not recognize concealed carry permits from other states. However, Illinois law does now allow individuals who have valid CCW permits from other states, but do not have an Illinois non-resident carry license to drive through Illinois with a concealed, loaded weapon.

But don't try to carry the weapon outside the vehicle. If you leave the vehicle the weapon must stay behind and be locked.

Frankly, I think the best thing to do is to simply lock the unloaded weapon up and put it in a relatively inaccessible area. Unless you are driving through an area in which you think a carjacking would be a real possibility, that is.

I suspect that if you shoot someone in Illinois regardless of the circumstances, your fate might be as bad or worse than getting shot yourself, so just lock it away until you get to someplace reasonable (out of Illinois).

I grew up in Illinois, survived 20 years of education there, and have many relatives still living there. The state just sucks. Fortunately, I usually just have to endure driving through the narrow southern end.

[JN01]

I would stop right before that state or soon upon entering that state and do like you would if you did not have a ccw in Ohio, separate the gun and ammo. Like put the gun unloaded in the glove box and ammo in trunk, or vise versa. In Ohio you can only have a loaded weapon in your vehicle if you have a Concealed license, and the weapon must only be in access to the license holder, no one else, so pretty much you have to be carrying it on your person or maybe some holster underneath the steering wheel above your feet. And in Ohio guns and ammo must be in seperate compartments of the vehicle. I believe actions must be locked open to show they are not loaded as well.

Ohio law has changed as they now accept CC licenses from any other state.

[62coltnavy]

What is this nonsense about locking up the ammo separate from the firearm? There is no such provision in FOPA. What is required is that the firearm be kept in a locked container. You may lock up your ammo, but there is no provision that it be kept in a separate container.

Second, we have to distinguish between carry and possess. In almost all states, you may possess a weapon (not otherwise banned by state law) on private property and in a locked container in your vehicle while traveling, but may not carry that weapon loaded or on your person in public. New York is a special circumstance. NYC and NJ police in particular refuse to acknowledge legal carry under FOPA, so unless passing through, don't take a gun there because in any event you will not legally be able to take it out of its locked container. With Illinois' FOID law, the rule may be essentially the same.

California and Massachusetts have restrictions on mag capacities such that you may be able bring the gun, but no mag greater than 10 rounds. I suspect under the NY SAFE Act, the law in NY is the same. Also, some states have restrictions on ARs/AKs. For example, one cannot (currently) possess either in California unless it is equipped with a "bullet button." And don't even think of bringing in a machine gun without special permission.

There is one other important factor, touched on by a comment above. "No, officer, I don't consent to a search. Am I free to go?" The police cannot search a locked container without your consent or a search warrant-and refusing to consent to a search is NOT probable cause. Of course, if the police really want to search your car, they will keep at you to give consent, and try to keep you on the side of the road for as long as possible. I think that there is a recent case--Frank may know--that said that the detention cannot be indefinite, and I seem to recall reading that it may not exceed fifteen minutes, but I am pretty fuzzy about that.

[JimPage]

"Ohio law has changed as they now accept CC licenses from any other state."

Virginia will do the same thing beginning JULY 1, 2016.

[Aguila Blanca]

Originally Posted by 62ColtNavy

California and Massachusetts have restrictions on mag capacities such that you may be able bring the gun, but no mag greater than 10 rounds. I suspect under the NY SAFE Act, the law in NY is the same. Also, some states have restrictions on ARs/AKs. For example, one cannot (currently) possess either in California unless it is equipped with a "bullet button." And don't even think of bringing in a machine gun without special permission.

Both Connecticut and New York also have 10 round magazine capacity limits. Possibly also New Jersey -- I should remember, but I don't.

In Connecticut you can't even possess magazines (for any firearm, not just "assault weapons") with a capacity greater than 10 rounds, even if empty, unless they were already in Connecticut when they passed their post-Sandy Hook law and you subsequently registered the magazines with the state police.

[JERRYS.]

unloaded and locked away in the trunk. other than that, complete avoidance.

[P71pilot]

62navycolt,

This is not "nonsense" I am simply stating Ohio law, nothing more, nothing less. I personally have never heard of FOPA and did not know there was such thing as federally regulated transportation of firearms. I guess the safest bet would be to research each States requirements that you are going to be passing through

[K_Mac]

I just read through the laws pertaining to transportation of weapons in Ohio, and it appears that 62coltnavy is right; there is no indication that ammo has to be locked separately. It does have to be separated so as not to be easily accessed if in speed loaders or magazines though. It appears that an unloaded handgun with the magazine removed could be stored in one compartment of a range bag, and the loaded magazine in a separate compartment so long as one or both is closed by a fastener that must be opened to access the contents. It also appears that the magazine or speed loader can be in a pocket or enclosure on your person so long as it is closed by a fastener.

There is much nonsense when it comes to gun laws, and even more in how many of those laws are communicated and interpeted. I have more than once been told by law enforcement officers that guns and ammo must be locked separately. It ain't so here either!

[2ndsojourn]

From AB:
"Both Connecticut and New York also have 10 round magazine capacity limits. Possibly also New Jersey -- I should remember, but I don't."

NJ legislature passed a 10 round mag limit but Gov. Christie vetoed it. I'm sure it will come up again when Christie is out of office and the libs vote in a lib governor.

[rodfac]

I guess the safest bet would be to research each States requirements that you are going to be passing through

This is the best advice you're going to get...even if your intended travel plans appear legal, defending that decision to an over-zealous LEO or the county prosecutor is going to be frustrating at best, and very expensive if they take it to the courts. Rod...

[TomNJVA]

I believe Federal law trumps all state laws with respect to traveling with firearms when passing through a state. If you intend to stay in a state then you are subject to that state's laws with respect to firearms. I believe stopping for gas or lunch, or even for an overnight stop, are acceptable so long as it is clear you are passing through and do not intend on staying. Perhaps one of our legal experts can clarify.

TomNJVA

[TimSr]

I think the way the OP was worded has very much confused the responses.

The title asks

How do you carry in states that don't have reciprocity?

The answer is, "YOU DON'T"

and this

I guess the safest bet would be to research each States requirements that you are going to be passing through

The body of the post asks this:

For example the Ohio CCW Reciprocity isn't good for illinois, so if I drive through illinois whats the best/legal way to store a handgun?

The answer is,

As already noted, for interstate transport through states that don't recognize any of your permits, the federal FOPA law:

https://www.law.cornell.edu/uscode/text/18/926A

They are two totally different questions with different answers.