FAQ: Interstate Transportation of Firearms

[ggig]

grrrrrr...I am planning on driving to Florida in April, about a 3wk turnaround. I am now more scared of the police along the way than the rampant crime and incidents on tourists in Florida.

[gnbrotz]

When did the definition of "OR" change to "AND?" I'd like some clarification. The statute seems to say that the Firearm OR Ammunition must be stored in a locked container, not the Firearm AND Ammunition.

To me, "OR" and "AND" mean very different things...

What is the source of the two snippets you quoted?

I agree with you that the statute (USC: Title 18, 926A) uses "OR", which is news to me too.

[ehidle]

What is the source of the two snippets you quoted?

I agree with you that the statute (USC: Title 18, 926A) uses "OR", which is news to me too.

I quoted those from the very first post in this thread. The "or" is from the statute and the "and" is from the conclusions mentioned thereafter by the OP.

To me, "or" means that either the firearm OR the ammunition needs to be in a locked case, but not necessarily both.

[gnbrotz]

I quoted those from the very first post in this thread. The "or" is from the statute and the "and" is from the conclusions mentioned thereafter by the OP.

To me, "or" means that either the firearm OR the ammunition needs to be in a locked case, but not necessarily both.

You make a good point. I'm not an attorney, but I agree with your assessment. Personally, I lock both separately, even in the trunk, but I do understand this isn't technically necessary. If I were going to follow the "OR" philosophy when no trunk were present, I'd personally make locking up the firearm priority over the ammunition, but again would most likely secure both.

Personal preferences aside though, I certainly think that folks should be aware of the specific requirements of the law so they can be in compliance. Anything beyond that is merely personal preference. Rep to you for catching this apparent contradiction.

[ehidle]

You make a good point. I'm not an attorney, but I agree with your assessment. Personally, I lock both separately, even in the trunk, but I do understand this isn't technically necessary. If I were going to follow the "OR" philosophy when no trunk were present, I'd personally make locking up the firearm priority over the ammunition, but again would most likely secure both.

Personal preferences aside though, I certainly think that folks should be aware of the specific requirements of the law so they can be in compliance. Anything beyond that is merely personal preference. Rep to you for catching this apparent contradiction.

Well thank you kindly.

I was asking about it because I went to northern VA this weekend to visit my parents, and while I was there, I actually found a walmart that was swimming in ammunition, so I bought a pile of it. I wanted to double-check the statute since I'd have to drive through MD and DE to get home. I bought a locking tool box just in case, and ended up with my ammo in the tool box, with the pistol and revolver inside their own locked boxes, inside the locked toolbox. Heh...

Also, I thought to myself that if the MD cops really wanted to be a-holes, they could say that, since the rear seats can be folded down from inside the car, then the trunk is not a "separate space" from the passenger compartment.

It's sad that I spend so much time thinking about how many different ways someone can screw me over. Heh...

[ungawa]

Is there really a requirement to unload magazines or is that just extra advice?

[tommy610]

Is there really a requirement to unload magazines or is that just extra advice?

IANAL, but it seems to me that the rights of gun owners are so readily trampled on - even to the point of being illegally upheld in court, that following the letter of the law is often not good enough. I.E. take whatever advice above and beyond the letter of the law, that you can, and follow it as much as is reasonably possible for you. It all helps.

It angers me, but that's my take on it.

[Fred34a]

FOPA limitation here-

I would advise anyone traveling through the state of New York to be extremely cautious when transporting a handgun as a non-resident. The police there do not care about your federal protections, and will confiscate your handgun and arrest you if you are found to be a non-resident in possession of a firearm.

Flying into NY with a handgun is even more difficult, as the Port Authority does not care about FOPA in the slightest.

I fly over 30 times a year, and must avoid the Buffalo Airport whenever I fly because of statements by the Port Authority that I would be arrested "regardless of any federal law."

Even if you are continuing your trip to PA (by car, train, muleteam), FOPA does not protect you in this case. At some point you are in possession of the firearm in NY (e.g. baggage carousel to land transport). Out of curiousity, how does NY know you have a firearm anyway?
.
If I had more money, I'd stage for a federal civil rights lawsuit however I'm not willing to be the test case and would advise anyone else thinking of traveling in NY with a handgun to consider whether they are willing to spend a LOT in legal fees in order to reverse an arrest and MAYBE get your handgun back.

[Torontogunguy]

FOPA limitation here-

I travel across the border into the USA and into Canada regularly and ALWAYS present my concealed carry documents along with my passport when crossing. I have two Harbour Freight safes in the back of my SUV (wee things bolted down) and make a point of declaring that I am NOT carrying but that my firearms are in a safe in the rear and they are unloaded; and my ammo and magazines are in a seperate safe in the back; and that BOTH are locked and I am heading to PA. I have only once had anyone ever look at the safes and not bother to have them opened and have yet to be hassled nor have I ever bumped into anyone at any of my four gun clubs in Canada who have transited NYS who have been hassled (amongst hundreds who travel to competitions or just taking their handgun to carry concealed with a valid permit).

I often hear rumours online of the lack of humour of NYS police, etc. regarding transportation under Federal law but have yet to hear anything firsthand or bump into anyone who has been hassled.

Food for thought?

[The Drew]

Is there really a requirement to unload magazines or is that just extra advice?

IIRC some states consider a loaded mag a loaded gun. Therefore it is a best practice when going through states that do not have reciprocity (if you have a LTCF) to do this.