do you carry during a cross country drive?
- Thread starter ogre
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card16969
Registered
without a cpl/ccw and reciprocity across every state line you are facing a felony for transporting a loaded weapon across state lines.... weapon must be unloaded and the weapon and ammunition must be in seperate compartments of the vehicle and weapon must be in a locked container
DRIVING INTERSTATE WITH FIREARMS?
FEDERAL LAW PROVIDES "SAFE PASSAGE" THROUGH ANTI-GUN STATES
By Bruce Colodny, Attorney at Law, Copyright 1997
The California Gun Attorney - Home
Cross-country driving is another potential "legal trap" for gun owners. Some areas of the United States, for example Massachusetts or New Jersey, have extremely restrictive firearms laws. However, gun owners who are eligible and comply with a provision of federal law may lawfully travel through such areas despite state or local laws to the contrary.
In 1986, the 1968 Gun Control Act was revised by the enactment of the Firearms Owners' Protection Act ("FOPA"). Among the various FOPA provisions, the Act added 18 U.S.C. 926A (the "Safe Passage" act) to the Federal Criminal Code. This section applies to any person not prohibited under federal law from possessing firearms. Such persons may transport firearms from any place where they can lawfully possess and carry such firearms to any other place where they can lawfully possess and carry such firearms. For example a Florida gun owner may lawfully drive through Massachusetts to his ultimate destination in Vermont, provided he or she complies with the requirements of the federal "Safe Passage" act. Note, however, that it is not clear whether this act applies to transportation of firearms through the District of Colombia (Washington, D.C.).
To obtain the protection of the federal "Safe Passage" act, the firearm must be unloaded and neither the firearm nor any ammunition may be readily or directly accessible from the passenger compartment of the transporting vehicle. There is a further requirement that in the case of a vehicle without a compartment separate from the passenger compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
Neither case law nor the "Safe Passage" act itself defines "unloaded". Therefore, this writer strongly recommends that all transported firearms be completely unloaded. More specifically, an empty firing chamber is not sufficient. Be certain there are no live rounds of ammunition in the cylinder, magazine or clip whether or not attached to the firearm. Again, magazines and clips should be unloaded even if not attached to the firearm.
Another caution should be exercised when you are traveling in a hatchback, sport utility vehicle or motor home. Although such vehicles commonly have storage compartments, depending upon the configuration of a particular vehicle, factual questions may arise as to whether or not the storage qualifies under the Act as separate from the passenger or driver's compartment. In other words, unless your vehicle has a traditional trunk, this writer strongly recommends the use of both traditional locking hard-sided gun cases and separate locking hard-sided containers for ammunition. This is likely to be somewhat inconvenient but it is a small price to pay for the protection offered by the "Safe Passage" act against the severe (e.g. felony) penalties imposed by the anti-gun laws of some states.
The actual text of the Safe Passage Act reads as follows:
18 USC 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.
Disclaimer: As this article is based on current Federal law (October, 1997) the information contained within is subject to change as a result of future court decisions and/or new legislation. For advice concerning a specific situation you should contact a qualified attorney.***
FEDERAL LAW PROVIDES "SAFE PASSAGE" THROUGH ANTI-GUN STATES
By Bruce Colodny, Attorney at Law, Copyright 1997
The California Gun Attorney - Home
Cross-country driving is another potential "legal trap" for gun owners. Some areas of the United States, for example Massachusetts or New Jersey, have extremely restrictive firearms laws. However, gun owners who are eligible and comply with a provision of federal law may lawfully travel through such areas despite state or local laws to the contrary.
In 1986, the 1968 Gun Control Act was revised by the enactment of the Firearms Owners' Protection Act ("FOPA"). Among the various FOPA provisions, the Act added 18 U.S.C. 926A (the "Safe Passage" act) to the Federal Criminal Code. This section applies to any person not prohibited under federal law from possessing firearms. Such persons may transport firearms from any place where they can lawfully possess and carry such firearms to any other place where they can lawfully possess and carry such firearms. For example a Florida gun owner may lawfully drive through Massachusetts to his ultimate destination in Vermont, provided he or she complies with the requirements of the federal "Safe Passage" act. Note, however, that it is not clear whether this act applies to transportation of firearms through the District of Colombia (Washington, D.C.).
To obtain the protection of the federal "Safe Passage" act, the firearm must be unloaded and neither the firearm nor any ammunition may be readily or directly accessible from the passenger compartment of the transporting vehicle. There is a further requirement that in the case of a vehicle without a compartment separate from the passenger compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
Neither case law nor the "Safe Passage" act itself defines "unloaded". Therefore, this writer strongly recommends that all transported firearms be completely unloaded. More specifically, an empty firing chamber is not sufficient. Be certain there are no live rounds of ammunition in the cylinder, magazine or clip whether or not attached to the firearm. Again, magazines and clips should be unloaded even if not attached to the firearm.
Another caution should be exercised when you are traveling in a hatchback, sport utility vehicle or motor home. Although such vehicles commonly have storage compartments, depending upon the configuration of a particular vehicle, factual questions may arise as to whether or not the storage qualifies under the Act as separate from the passenger or driver's compartment. In other words, unless your vehicle has a traditional trunk, this writer strongly recommends the use of both traditional locking hard-sided gun cases and separate locking hard-sided containers for ammunition. This is likely to be somewhat inconvenient but it is a small price to pay for the protection offered by the "Safe Passage" act against the severe (e.g. felony) penalties imposed by the anti-gun laws of some states.
The actual text of the Safe Passage Act reads as follows:
18 USC 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.
Disclaimer: As this article is based on current Federal law (October, 1997) the information contained within is subject to change as a result of future court decisions and/or new legislation. For advice concerning a specific situation you should contact a qualified attorney.***
Better make sure you conceal carry permit is good in every state you enter.
Carry Concealed
Your military status does not allow you to carry across state lines (if you are military that is).
Mr Brown
Registered
Carry no more than $100 in cash (small bills), the rest on a card or travellers checks.That's enough cash in case you find yourself in BFE where cash is all they take Don't flash your cash or jewelry. Carry a knife or boxcutter for personal protection. Carry yourself in such a manner as predators move on to the next victim. They can tell who's worth their time and who they don't wanna try. I'm a couple hours from ya, if you need me to bring you a care package I can.
I never carry but have been reconsidering lately due to the high rate of weapon crimes in my area. Most guys in my job carry off duty anyway for a bunch of good reasons, but I've just never really felt the need.
Know the laws of every state you plan on traveling through. They vary a great deal.
Be smart about what you're doing, the time of day, and the location.
People buy gas everyday, just not a lot of gas pump robberies going on brother. As a matter of fact I've never been dispatched to one. ATMs, yes. Gas pumps no.
I rarely carry cash.
I do have crackheads approach me at gas stations begging for money. They don't typically rob people.
I don't mean to offend anyone, but most people make themselves victims. Don't be a victim.
Criminals don't like well lighted areas or areas where people are. To many witnesses.
Most gas stations have cameras everywhere. Not for robberies, but for gas drive offs
I could go on until I put everyone to sleep. Do what you wish, but know the law.
Know the laws of every state you plan on traveling through. They vary a great deal.
Be smart about what you're doing, the time of day, and the location.
People buy gas everyday, just not a lot of gas pump robberies going on brother. As a matter of fact I've never been dispatched to one. ATMs, yes. Gas pumps no.
I rarely carry cash.
I do have crackheads approach me at gas stations begging for money. They don't typically rob people.
I don't mean to offend anyone, but most people make themselves victims. Don't be a victim.
Criminals don't like well lighted areas or areas where people are. To many witnesses.
Most gas stations have cameras everywhere. Not for robberies, but for gas drive offs
I could go on until I put everyone to sleep. Do what you wish, but know the law.
A neighbor just got a ticket for a loaded firearm on state property. The firearm was unloaded, but had the empty clip in the rifle. An empty clip installed in the gun evidently is considered and holds up in court as being a loaded firearm in some areas.
I have officers and Swat in my house on a daily basis. Some of the LE dept's around here require (or strongly suggest) an off duty officer to have a firearm on them at all times.
JasonE
Registered
Just to add to what Blanca posted. FOPA '86 offers you protection as long as you are transporting the guns in accordance with its requirements. Locked in the vehicle, unloaded, will be fine. However, FOPA is only a defense which should prevent you from being convicted and going to jail. It is not a shield against being arrested and having property confiscated. In most states this is not an issue.Make sure you check the laws of the states you are traveling through especially ones you will be spending the night in.
i guess i'll just carry less cash. it's not worth the hassle. i always have a knife or two on me, and blanca and tuf make a valid point, 6'2" 255 lbs is a big ass sheep. the army's making me paranoid, all the safety briefings and constantly telling us that this and that and the other thing killed x number of soldiers this month.
Good idea Matthew. Unless its loaded and right next to you it won't really be any good in an emergency situation anyway. Just carry a machete 
I haven't read it in years but a blade over 3 1/2" use to be considered a concealed weapon in SC
I'll admit I did not read all of the responses, yet. Try this site....it has information on transporting firearms.
Handgunlaw.us
Handgunlaw.us
card16969
Registered
copyright 1997.. in the last few years gun laws have changed ALOT reciprocity has changed as well its a big no no... contact the states you will be driving through first....
You know carrying a gun around sounds fun, but I hope that everyone will take just a minute and think about all the responsibility that goes along with the power to seriously injure / disable someone or kill them. Mine is on me for one reason and only one reason. To protect life. What an oxymoron
Ok, having read more:
- without a CCW, no I wouldn't do it.
- the SFC is right, not worth the BS of temporarily keeping it on post. Also remember, even a WHIFF of trouble, and the Green Platoon will dump you like a hot potato. You want to be as clean as a virgin's sheets while you go thru that course. Save it for later.
- You are big enough to give robbers a second thought - as long as you don't hand them your azz on a silver platter, they are probably gonna leave you alone.
- Dad makes a good point which I also wanted him to make in another thread about someone excited to be getting a CCW permit - it's not fun, it's SERIOUS. I would greatly prefer this being a safer world and therefore never carrying - i get no pleasure ouf of feeling it necessary sometimes to do it.
- without a CCW, no I wouldn't do it.
- the SFC is right, not worth the BS of temporarily keeping it on post. Also remember, even a WHIFF of trouble, and the Green Platoon will dump you like a hot potato. You want to be as clean as a virgin's sheets while you go thru that course. Save it for later.
- You are big enough to give robbers a second thought - as long as you don't hand them your azz on a silver platter, they are probably gonna leave you alone.
- Dad makes a good point which I also wanted him to make in another thread about someone excited to be getting a CCW permit - it's not fun, it's SERIOUS. I would greatly prefer this being a safer world and therefore never carrying - i get no pleasure ouf of feeling it necessary sometimes to do it.
see alot of comments about size. all it means when your bigger than the person trying to do you harm is they are not going to give you a chance at attacking or defending yourself.
at the end of the day no personal property is worth losing your life over, if you have a chance to defend yourself then do so. thats not always the case though. be careful and mindful of your surroundings.
i also have the feeling that do3 and skydiver indicated about carrying. its serious business. never pull your gun unless you have complete intention of killing them and defending your actions legally. alot of people dont take carrying serious enough and think a gun is a deterrent. its not, its protection. not saying thats the case here, but it is what it is. only deterrent you have is to be mindful of your surroundings and use some common sense as to what and when you should be doing things.
at the end of the day no personal property is worth losing your life over, if you have a chance to defend yourself then do so. thats not always the case though. be careful and mindful of your surroundings.
i also have the feeling that do3 and skydiver indicated about carrying. its serious business. never pull your gun unless you have complete intention of killing them and defending your actions legally. alot of people dont take carrying serious enough and think a gun is a deterrent. its not, its protection. not saying thats the case here, but it is what it is. only deterrent you have is to be mindful of your surroundings and use some common sense as to what and when you should be doing things.
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