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October 20th, 2011, 01:45 PM #1
Must inform while only transporting?
Couldn't seem to get a straight answer using search function, but, in States that are 'Must inform', in the event that you are pulled over are you require to inform if you are just transporting(not carrying) under FOPA? OR does 'Must inform' only relate to the carrying of a firearm? Thanks
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October 20th, 2011, 01:52 PM #2
Re: Must inform while only transporting?
I'm pretty sure that most of the statues specifically state "while carrying concealed"...which in my opinion would NOT include while trunk carrying.
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October 20th, 2011, 01:59 PM #3
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October 20th, 2011, 05:54 PM #4
Re: Must inform while only transporting?
Intuitively, 'must inform' rules should only apply when the firearm is reasonably accessible to you but the wording of each state's statutes would necessarily have to be evaluated.
As to FOPA transport, it does not specifically grant an affirmative defense against 'must inform' laws since it is limited to your entitlement "to transport". It does protect against state restrictions on possession and/or transport methodology but would not seem to extend to a 'must inform' rule.
Further complicating the issue is when the firearm remains in the passenger compartment of the vehicle under the alternative FOPA transport mode:
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.
IANAL
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October 21st, 2011, 09:13 PM #5
Re: Must inform while only transporting?
At least their are only 10(I think) States that are "must inform"
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October 21st, 2011, 10:07 PM #6
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