Traveling From PA to SC

[maksdaddy]

Hello All,

I know this has come up and used the search function and abused Google. I have read the sticky on federal transport laws and have read that state laws supercede them so I think.


No PA LTCF. Traveling from PA to Myrtle Beach through WV, Virginia, NC.
Just wanted to confirm with those who may be more familiar with each state but I think I have a good approach. Seems like I should open carry through WV or place in plain site (open console). And then lock it up in the glovebox for the rest of the trip. Haven’t been pulled over in 13 years but the last thing I want to do is ruin a vacation by not following each states rules. Or should I simply play it safe and lock it in separate containers?

Obviously, I will have firearm in locked container in rear (suv) of vehicle with magazine in separate container when departing PA.

West Virginia: Open Carry in Car (Unsure if this is mandatory or if in glovebox is acceptable)
§20-2-6a. Carrying a handgun while afield.
(a) Notwithstanding any provision of this code to the contrary, a person who is not prohibited at the time from possessing a firearm pursuant to the provisions of section seven, article seven, chapter sixty-one of this code or by any applicable federal law may carry a handgun for self defense purposes while afield hunting, hiking, camping or in or on a motor vehicle.
(b) The provisions of this section shall not exempt any person from obtaining any hunting or fishing license or stamp required by the Division of Natural Resources.
Note: When carrying without a valid permit/license honored by West Virginia the firearm must always be visible. In an automobile make sure it is in plain view.

Virginia: Travel In Glovebox
As of July 1, 2010, a concealed handgun permit is not necessary when carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel. The term “secured” as used does not require the compartment to be locked. OAG opinion 11-111. Excerpt from response letter below:

“provided the handgun is properly secured in a container or compartment
within the vehicle, persons who may lawfully possess a firerum but have not been issued a concealed
weapons permit may possess, in a vehicle, a handgun that is loaded and the handgun may remain within
reach of a driver or passenger under such conditions. It further is my opinion that, for a handgun to be
"secured in a container or compartment," such storage tool need not be locked. Finally, it is my opinion
that an individual may not keep a firearm stored in his vehicle at a place of employment if there is a
company policy or signage prohibiting firearms on the premises.”

North Carolina: Open Carry/Locked Glovebox (unlocked glovebox illegal)
Handguns in Vehicles
It is unlawful to carry a concealed handgun in a vehicle unless the person has a valid concealed carry permit."
A person who is not a convicted felon may carry a handgun if not concealed.
A handgun is concealed in a vehicle if it cannot be readily seen by a person approaching and if it is readily accessible. A handgun under the front seat or in an unlocked glove box or console is illegal. A handgun openly displayed or in a locked glove box, locked console, or in the trunk is lawful.


South Carolina: Closed Glovebox/Console
RV/Car Carry Without a Permit/License
Anyone who can legally own a firearm can carry it loaded if contained in a closed Glove Box, Console, Trunk or a vehicle without a trunk in the Luggage Area in a container secured with fasteners. Their law is very specific on the only locations where it can be carried.
Section 16-23-10.


Thanks!

[djeuch]

No PA LTCF. Traveling from PA to Myrtle Beach through WV, Virginia, NC.

In PA, you have to be careful without a LTCF. As you can't legally carry in Florida without a permit, I'm not even sure FOPA applies. (Florida does not have provisions for open carry last time I checked)

[R L Suehr]

In PA, you have to be careful without a LTCF. As you can't legally carry in Florida without a permit, I'm not even sure FOPA applies. (Florida does not have provisions for open carry last time I checked)

Myrtle beach is in SC.

[djeuch]

Myrtle beach is in SC.

Oops.. Wrong state, but same applies. From what I can tell, South Carolina is not an open carry state either (although there are provisions for unlicensed carry within a vehicle, etc.) (ref: http://www.opencarry.org/?page_id=296)

[Dave_n]

Is there not a more "interesting problem?" Since the OP does not have an LTCF in PA, he cannot transport a "firearm" in a car in PA unless he is going to only one of a ew places (range, repair, sale at FFL? etc.,) so he may well be doomed before he starts.

[QuackXP]

Pittsburgh moved to a walk in issuance for LTCF. So unless you are in that gap where you can have firearms but not get a LTCF I see no reason not to get one. If you can afford a trip to SC you can afford the $20 for the licence, plus parking and your transportation costs. The only other factor is your availability. Still if even traveling with any frequency with a firearm is in your future I would get the LTCF, espically given the restrictive nature of firearms transportation in PA without one.

[tl_3237]

Is there not a more "interesting problem?" Since the OP does not have an LTCF in PA, he cannot transport a "firearm" in a car in PA unless he is going to only one of a ew places (range, repair, sale at FFL? etc.,) so he may well be doomed before he starts.

As to Pennsylvania, although had never seen case law on the issue, I believe he may be covered under the exception:

18 PA CS §6106(b)(14) A person lawfully engaged in the interstate
transportation of a firearm as defined under 18 U.S.C. §
921(a)(3) (relating to definitions) in compliance with 18
U.S.C. § 926A (relating to interstate transportation of
firearms).

[tl_3237]

OP - I'm unclear as to why you are concerned about the possession/transport laws in the intervening states between your Pennsylvania and SC destinations unless you intend to stop in those states and remove your firearms from the FOPA [18 USC §926A] transport methodology.

... 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.

FOPA is not superseded by local or state firearm laws -actually somewhat the opposite. FOPA supplies a Federal affirmative defense to those meeting all the prerequisites, when traveling through intervening states during an interstate travel. FOPA requires that you must be eligible to "lawfully possess and carry" within both your state of origin and your state of destination; "carry" should not be confused as to meaning what we commonly referred to as OC/CC but, instead, is more akin to transport – i.e. moving the firearm from one point to another.

Again assuming you are beginning your travels in PA (your state of origin) and terminating in SC (your state of destination) on a reasonably direct route and NOT REMOVING OR ACCESSING the firearms stored in the vehicle at any point in between, you need to look at only Pennsylvania and SC laws in order to garner FOPA protection for all states other than those two.

As to SC, you are permitted to possess and carry a firearm in a private conveyance

16-23-20 Unlawful Carrying of Handgun; Exceptions.

It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows,unless otherwise specifically prohibited by law

(9)a person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a la w enforcement officer for the sole purpose of retrieving a driver’s license, registration, or proof of insurance; If the person has been issued a concealed weapons permit pursuant to Article 4, Chapter 31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle’s passenger compartment;

As to Pennsylvania, although had never seen case law on the issue, I believe you may be covered under the exception:

18 PA CS §6106(b)(14) A person lawfully engaged in the interstate
transportation of a firearm as defined under 18 U.S.C. §
921(a)(3) (relating to definitions) in compliance with 18
U.S.C. § 926A (relating to interstate transportation of
firearms).

If your intent is to stop in any the intervening states for excursions, vacationing, other reasons not directly intrinsic to the travel or have a significant deviation from the direct route to SC then FOPA would consider that as your state of destination and you would have to assure that you comport with that state's laws with respect to "legal possession and carry". Similarly if you remove the firearms from the FOPA transport methodology at any point in the travels then your state of occupancy is your state of destination. When you resume your trip to SC you must requalify for FOPA anew with the current state of occupancy being your new state of origin.

[archon]

Unless you have some reason why you can't get a LTCF in PA just go ahead and get one. Better to jump through hoops then have those hoops put on your wrists when you find out you are a felon.

[maksdaddy]

Thanks to all who have provided insight. I was confused with each states transportation laws without permit. To answer the question, I strongly believe I am disqualified but am legally able to purchase (proud owner of new m&p9). If I was eligible it would have already been done. The plot thickened and wife took her lunch at the courthouse and got her permit. Plans also changed and travelled during living hours rather than zombie shift and didn't feel necessary to take a firearm.

Next step, pardon attempt. I've asked this question previously and plan to procede with the advice of other board members.

Thanks again for the help.