FOPA Transport?

[donm]

Ohio has its own statutes that are moderately similar, they require, in part, that for purposes of transportation a firearm not be “ready at hand.”

Ohio revised its code on carrying in a vehicle recently, I think in '08. [Even with a license, it's pretty specific.] The current law (ORC 2923.16) reads:

(5)”Unloaded” means any of the following:

(a) No ammunition is in the firearm in question, and no ammunition is loaded into a magazine or speed loader that may be used with the firearm in question and that is located anywhere within the vehicle in question, without regard to where ammunition otherwise is located within the vehicle in question. For the purposes of division (K)(5)(a) of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.

(b) With respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.

http://codes.ohio.gov/orc/2923.16

[emsjeep]

There are, however, several cases from the Federal district and appeal circuit courts that indicate that a loaded magazine, other then in the firearm, does not render the firearm 'loaded'. From those reading I conjecture that the Federal courts would look at the situation you pose as an 'unloaded' firearm.

Citations for those? I would like to read, thanks.

[tl_3237]

Citations for those? I would like to read, thanks.

Here are several Federal court cases, most if not all drug related and applying the firearm enhancement sentencing under 18 USC 924(c), that noted the presence of an 'unloaded' pistol in proximity to a 'loaded' magazine. Unfortunately none of these cases had the need to rule directly on the unloaded gun near a loaded magazine issue because the mere adjacency of a firearm to illegal drugs was the deterministic factor. As such you will not find anything other than the passing mentions excerpted below.

Although, as previously indicated, I can find no statutory or case law that defines loaded/unloaded what is interesting in these cases is that none of the courts saw fit to opine that their 'unloaded' pistol next to a 'loaded' magazine was anything other than 'unloaded'. This is what lead to my published hypothesis - " There are, however, several cases from the Federal district and appeal circuit courts that indicate that a loaded magazine, other then in the firearm, does not render the firearm 'loaded'. From those reading I conjecture that the Federal courts would look at the situation you pose as an 'unloaded' firearm."

Perhaps, in retrospect, I should have used 'intimate' rather than 'indicate' to better reflect the tenuous inference made but I feel it a reasonable interpretation.

Upon opening the box, Zwaryczuk discovered an unloaded .22 caliber automatic firearm, a fully loaded magazine, and some loose rounds of ammunition.
US v. Newton, 369 F. 3d 659 - Court of Appeals, 2nd Circuit 2004

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As to firearms, the PSI reported that a search of Paul Hoang's residence revealed a small, locked safe that contained a small amount of marijuana, a scale and other drug paraphernalia, and an unloaded .9 mm pistol with a loaded magazine.
US v. Pham, 463 F. 3d 1239 - Court of Appeals, 11th Circuit 2006

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The weapon, although unloaded, was wrapped along with a fully loaded magazine and was easily made ready for firing by simply inserting the magazine into the weapon.
US v. Case, 654 F. Supp. 2d 747 - Dist. Court, ED Tennessee 2009

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During the execution of a warrant to search an apartment under the control of the defendant, police discovered, inter alia, a briefcase which contained an unloaded semiautomatic handgun, a loaded magazine, ...
US v. Bass, Dist. Court, ED Pennsylvania 2010

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see also United States v. Bojorquez-Granillo, 83 Fed.Appx. 300, 305 (10th Cir. 2003) (affirming § 924(c) conviction where unloaded pistol, ammunition, and cocaine were located in hidden compartment of vehicle's dashboard); My note: the underlying case specified that there were loaded mags - "Police found one kilogram of cocaine wrapped in plastic and duct tape, a small package of cocaine, two loaded clips for a nine millimeter pistol, and a Baretta nine millimeter semiautomatic pistol in the compartment. "

US v. Burkley, 513 F. 3d 1183 - Court of Appeals, 10th Circuit 2008

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Officers recovered a loaded .38-caliber revolver, an unloaded .40-caliber semi-automatic handgun, and a magazine loaded with seven rounds of .40-caliber ammunition.
US v. Berrios, Court of Appeals, 3rd Circuit 2009

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Neither gun was loaded, but there were two loaded ammunition clips in the bag with the guns.
US v. BAUKMAN, Dist. Court, ED Pennsylvania 2010

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an unloaded 9 millimeter Taurus semi-automatic pistol and a loaded magazine,
US v. Iglesias, Dist. Court, ED Pennsylvania 2010

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[donm]

" There are, however, several cases from the Federal district and appeal circuit courts that indicate that a loaded magazine, other then in the firearm, does not render the firearm 'loaded'. From those reading I conjecture that the Federal courts would look at the situation you pose as an 'unloaded' firearm."

You'd be charged with violating state law, and use FOPA as your defense. In the end I think you would likely prevail, but the road to a court that would see it your way could be a long, expensive one. As for as those evil "large capacity" magazines, I'd send them on ahead via Priority Mail and keep an empty 10-round mag with the gun. Seems a lot easier than even a remote chance of falling prey to the attitudes of places like NJ, NY, and MA.

[offshorebear]

Sorry to hijack this thread, but I will be using FOPA for the first time in a few weeks. I need to drive through Maryland to take a carbine class.

Can I have 2000 rounds loaded in 30 round magazines in some ammo boxes, and the rifles in soft rifle bags? Wikipedia, a great source if misinformation, says that the containers need to be "locked", is that true?

Can handguns be transported in the same fashion?

[Curmudgeon]

Sorry to hijack this thread, but I will be using FOPA for the first time in a few weeks. I need to drive through Maryland to take a carbine class.

Can I have 2000 rounds loaded in 30 round magazines in some ammo boxes, and the rifles in soft rifle bags? Wikipedia, a great source if misinformation, says that the containers need to be "locked", is that true?

Can handguns be transported in the same fashion?

Here is the law, uninterpreted by wiki... http://www.law.cornell.edu/uscode/18...6---A000-.html

TITLE 18 > PART I > CHAPTER 44 > § 926A

§ 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation 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.

.