Pennsylvania Firearm Owners Association
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  1. #1
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    Question Transporting PA to MA

    I'm getting ready to head to MA from PA and will be passing through NY and CT. I have a valid PA LTCF and am aware that none of these states have reciprocity with PA. I hate the idea of traveling so far from home these days without at least having a firearm even inconveniently accessible to me.

    I've read the 'transporting' stickies and several other sites and still can't honestly tell if transporting my handgun unloaded and in a separate, locked container from the locked container of ammunition and unloaded magazines would be illegal. To compound matters, it's an XD subcompact 9mm which even with the SC magazines is capable of loading more than 10 rounds.

    Call me paranoid, but I'd not like for any of the various SHTF scenarios to happen and end up effectively 400 miles from home having to find a way back to my family without proper protection. Unlikely? Yeah. Possible? Certainly. I have no desire to carry there, and would most likely leave it in separate, locked containers in the trunk of my vehicle which will be properly secured at my destination.

  2. #2
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    Default Re: Transporting PA to MA

    FOPA (Firearms Owners Protection Act) provides for a person to transport their gun(s) from a place where it is legal, to a place where it is legal.

    If it is not legal in MA, leave it home, or change your travel plans.

    It's late and I need to get to bed, but it sounds to me as though every single element of your trip is illegal. It sounds like you're not even sure whether your pistol/magazines are legal in MA.

    This just sounds bad. I'm curious to hear what other have to say, but I'll have to wait until tomorrow to check in.
    While many claim to support the right, precious few support the practice.

  3. #3
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    Default Re: Transporting PA to MA

    massholes can be nasty.

  4. #4
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    Default Re: Transporting PA to MA

    MA does not have reciprocity with PA, so legally it a no go.

    Link for non-resident LTC

    http://www.mass.gov/eopss/docs/chsb/...ation-2013.pdf
    Fraggle09027 is not a lawyer. Any advice is just advice (my own 2 cents) and is not expressed or implied as legal advice.

  5. #5
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    Default Re: Transporting PA to MA

    Last time I checked it seemed to me I could not bring a handgun to a MA destination unless I had their permit or I was going to a range.

    Let me know if you find out something different.

  6. #6
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    Default Re: Transporting PA to MA

    I'd be interested to know what the rules are... I might be going this summer.
    FOAC Volunteer. NREMT-P. NRA Pistol/Rifle/Shotgun Instructor & RSO. BSA Rangemaster. Act 235.
    Selling: Remington R1 1911

  7. #7
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    Default Re: Transporting PA to MA

    Quote Originally Posted by JonEMTP View Post
    I'd be interested to know what the rules are... I might be going this summer.
    Unless you have a MA permit, carrying of any sort is restricted to the following.

    http://www.mass.gov/eopss/firearms-r...laws/gun-laws/



    Section 131G Carrying of firearms by non-residents; conditions

    Section 131G. Any person who is not a resident of the commonwealth may carry a pistol or revolver in or through the commonwealth for the purpose of taking part in a pistol or revolver competition or attending any meeting or exhibition of any organized group of firearm collectors or for the purpose of hunting; provided, that such person is a resident of the United States and has a permit or license to carry firearms issued under the laws of any state, district or territory thereof which has licensing requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that in the case of a person traveling in or through the commonwealth for the purpose of hunting, he has on his person a hunting or sporting license issued by the commonwealth or by the state of his destination. Police officers and other peace officers of any state, territory or jurisdiction within the United States duly authorized to possess firearms by the laws thereof shall, for the purposes of this section, be deemed to have a permit or license to carry firearms as described in this section.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  8. #8
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    Default Re: Transporting PA to MA

    Greetings,

    Would the experts versed in FOPA be so kind to chime in with some more details? Let's exclude MA (sorry OP) for a bit. Say I'm traveling from PA to Utah; legal on both ends. Now from what I've read, it seems the law only covers you IF you do not stop! That would be a pretty long drive non-stop. So, are there any aspects of the law that would still cover you if for example, you had to do a motel overnight in IL (yes, I used that state specifically)? OR would you have to plan any overnight rest stops to only certain states? Thanks in advance for any clarifications.

    Regards, Jim


    Quote Originally Posted by Curmudgeon View Post
    FOPA (Firearms Owners Protection Act) provides for a person to transport their gun(s) from a place where it is legal, to a place where it is legal.

    If it is not legal in MA, leave it home, or change your travel plans.
    .

  9. #9
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    Default Re: Transporting PA to MA

    The quick answer is that essential stops such as lodging, food, and fuel are permitted. You can stay overnight in a state where possession of your guns is not legal under state law. Me? I'd stop in the next state.

    BTW, I think you might have to leave the gun in your car to maintain FOPA protection, but I am not certain.

  10. #10
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    Default Re: Transporting PA to MA

    Quote Originally Posted by jim-analog View Post
    Greetings,

    Would the experts versed in FOPA be so kind to chime in with some more details? Let's exclude MA (sorry OP) for a bit. Say I'm traveling from PA to Utah; legal on both ends. Now from what I've read, it seems the law only covers you IF you do not stop! That would be a pretty long drive non-stop. So, are there any aspects of the law that would still cover you if for example, you had to do a motel overnight in IL (yes, I used that state specifically)? OR would you have to plan any overnight rest stops to only certain states? Thanks in advance for any clarifications.

    Regards, Jim
    Although there are no statutory provisions in the current FOPA transport law (18 USC 926A) regarding what stops are allowable, it would be an unreasonable interpretation to assume that necessary stopping for fuel, food, nature calls, rests, etc would be excluded. In fact there was a bill last year to specifically add such stopping to the statute but it never got out of committee.

    Pay particular attention to the proviso that you must legally possess and be able to vehicularly transport (aka as 'carry' above) in the state of origin and destination - if you meet all the above 926A provisos you garner a Federal protection as a defense against any firearm laws of states that you pass totally through (IE. intervening states). Caution: if you remove the firearms from the transport methodology (ex: take into the hotel room during an overnight) the state you are in at the time becomes the destination for that leg and, upon resumption of your trip becomes the origin for the next leg. As such you should know that state's laws as it will be deterministic as to whether you garner FOPA 926A protection for any particular leg. If you leave the firearms in the vehicle in 926A transport methodology at all times during the trip then you garner 926A protection for all intervening states in your trip - again you must legally possess and 'vehicularly transport' in your state of origin and destination for each leg of the trip.

    ETA:

    Just found that the change bill has been reintroduced last month.

    HB 1290 states in part:

    `(b) In subsection (a), the term `transport' includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport, but does not include transportation--
    `(1) with the intent to commit a crime punishable by imprisonment for a term exceeding one year that involves the use or threatened use of force against another; or
    `(2) with knowledge, or reasonable cause to believe, that such a crime is to be committed in the course of, or arising from, the transportation.
    3/20/2013 Referred to House committee. This is a strong bill on our behalf and addresses many of the 926A ambiguities and abuses - with teeth to match! Urge your congressman to co-sponsor and support.
    Last edited by tl_3237; April 6th, 2013 at 11:37 AM.
    IANAL

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