Interstate Transportation of Firearms - Hypothetical Question

[Democrat Gun Owner]

I understand federal law allows for the interstate transportation of firearms through states where said firearm (or carry of said firearm) may be illegal if the firearm is legal in the destination state. Furthermore, I understand while traveling through said states where firearm/its carry would be illegal, it must be unloaded and locked in the trunk or if there is not drunk it must be locked in a secure container that is not the glovebox or console of the car.

With all that said, my wife has an appointment in Yardley, Pa on Tuesday. When I "Google mapped" the directions, the quickest route to get there from my house in NEPA takes me into NJ and then back into PA. Technically speaking, the state where I begin and end my trip will be PA where my carried firearm would be legal. I'd have absolutely no intent or need to make any stops while on the other side of the Delaware. Would I be covered by the Firearm Owners Protection Act for this trip?

BTW, I mark this as a hypothetical question because I plan to take a slightly longer route that keeps me in PA the whole way, but the Google directions for the quickest route came up, they got me thinking.

[God's Country]

IMO completely legal.
Is it smart?

I have a similar situation where a trip to Erie is quicker to go into NYS and back to PA.
I always go through Pa for a substantially longer trip.

[Jim8300]

If you are near Scranton traveling to Yardley, I don't see what route would be faster than taking the PA Turnpike. Too much traffic on NJ highways. If you are near the border 209 through the park is slow but a nice ride. 33 to 78 will get you to the PA turnpike. 84 or 80 should be a quicker route to the turnpike. I'd rather travel further or at slower speeds then sit in stop and go traffic in NJ.

If you need or want to carry stay in PA.

[cephas]

"not drunk it must be locked"

Save any worry, take the long way if you must, please go sober...

[tl_3237]

I understand federal law allows for the interstate transportation of firearms through states where said firearm (or carry of said firearm) may be illegal if the firearm is legal in the destination state. Furthermore, I understand while traveling through said states where firearm/its carry would be illegal, it must be unloaded and locked in the trunk or if there is not drunk it must be locked in a secure container that is not the glovebox or console of the car.

With all that said, my wife has an appointment in Yardley, Pa on Tuesday. When I "Google mapped" the directions, the quickest route to get there from my house in NEPA takes me into NJ and then back into PA. Technically speaking, the state where I begin and end my trip will be PA where my carried firearm would be legal. I'd have absolutely no intent or need to make any stops while on the other side of the Delaware. Would I be covered by the Firearm Owners Protection Act for this trip?

BTW, I mark this as a hypothetical question because I plan to take a slightly longer route that keeps me in PA the whole way, but the Google directions for the quickest route came up, they got me thinking.

IMO you are covered since you seem to have sufficient justification for your interstate route. Your trip is interstate base on the definition of 18 USC 921(a)(2):

(2) The term "interstate or foreign commerce" includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).

I'm not aware of any case law specifically on-point and there is minimal but non-zero legal risk that, should the possession come to the attention of NJ authorities, you might become a test case.

[Democrat Gun Owner]

"not drunk it must be locked"

Save any worry, take the long way if you must, please go sober...

Not drunk = no trunk

Damn autocorrect!!

+1

[Wilderness 1864]

I think you should be OK. I travel interstate and follow these rules when applicable. The only caveat in New Jersey is that most of the police departments answer to (sorry to have to say it, Mr. Democrat Gun Owner) Democrats. Hence there appears to have been a surge in "zero tolerance" for any gun brought into NJ from outside the State or moving in interstate commerce. Even if reasonable police might understand the law and not want to persecute law-abiding citizens, they seem to be instructed to "make the arrest". The NJSP are anti-gun, following the lead of their Superintendent Joseph Fuentes, a relentless anti - 2A appointee of the notoriously corrupt former NJ Governor James McGreevey. There have been some real horror stories in that State over the last several years, starting with Brian Aitken, who still suffers injustice, while his Judge, who should have faced disbarment hearings, lives comfortably in retirement. Not sure of your exact route but you probably have to go through the western NJ counties of Sussex, Warren, Hunterdon & Mercer. The first three are probably the most 2A friendly, but Mercer (home of Trenton) is a hotbed of unconstitutional efforts to strip NJ citizens of their rights. I would predict there would be no mercy for you in Mercer if you were to get stopped there. If they decide to arrest you, you might eventually prevail but only at great personal expense. The eastern counties like Essex and Hudson are simply horrible. My suggestion would be to obey the NJ speed limits and do not stop until you are back in a free state.

An even more disturbing hypothetical would be to see if it is even possible, with so many anti-Constitution States along the way, to drive uninfringed from PA to New Hampshire or Maine with a PA-legal modern sporting rifle and a 20-rd magazine. Think of it, you may have to get through each of NJ, NY, CT & MA. If you have to gas up, eat or take a bio break, stop because of hazardous driving conditions (forget about staying overnight in a hotel or with a friend or family!) you could get stopped, searched, arrested, jailed and end up having to prove your innocence and your right to travel in interstate commerce. You would have to prove it to anti-2A State criminal justice and court systems, all of which stacked against you and your hated firearm.

[gghbi]

IMO you are covered since you seem to have sufficient justification for your interstate route. Your trip is interstate base on the definition of 18 USC 921(a)(2):

(2) The term "interstate or foreign commerce" includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).

I'm not aware of any case law specifically on-point and there is minimal but non-zero legal risk that, should the possession come to the attention of NJ authorities, you might become a test case.

I do not read it the same! I see a big NOT that means just the opposite. Without knowing the google routing, I cannot be sure, but if you are traveling down the Delaware river it likely wants to take you through Delaware Water gap on I-80. then on to US-46 then back into PA, based on my history in the area. If that i s the case just stay on PA-611/ River Road and stay in PA, It is a nice scenic drive and will get you there without dealing with the PA Turnpike. You can stare/laugh/wonder at the PRNJ as you go.

[NathanB]

I had a similar issue going to sesame place. The words redirecting came often from the gps because I refused to set foot in jersey carrying

[RockIsland]

I haven't mapped it out, but I would think the Northeast extension to 95 might be the best way to go.

I grew up in Jersey and I would not take a gun there under any circumstances short of a zombie apocalypse search and rescue mission.

It's not a good idea to cross the Yalu River with a gun even for democrats.