Out of state carry

[Byrnezie]

If I wanted to have my sidearm in my car during a out of state trip and I broke it down so it was inoperable without assembling it, would it still be considered a firearm if I was stopped by a State Cop and they asked me if I was carrying? Seems like a way to protect yourself from state laws that infringe on the Second Amendment.

[IV_Warrior]

Even the bare frame is considered a firearm.

[HiredGoon]

Even the bare frame is considered a firearm.

Yup. Other than completely dis-assembling it with a blow torch, I'd advise against it!

[Byrnezie]

Even the bare frame is considered a firearm.

Thanks.

I imagine ammo is also prohibited?

[R L Suehr]

If I wanted to have my sidearm in my car during a out of state trip and I broke it down so it was inoperable without assembling it, would it still be considered a firearm if I was stopped by a State Cop and they asked me if I was carrying? Seems like a way to protect yourself from state laws that infringe on the Second Amendment.

If you are travelling you are covered under FOPA as long ad you are legal to posses the firearm where you started and where the trip ended.

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.

Where's this trip to? Do you have a LTCF?
Depending on those answers it might be legal to take your gun along. I don't understand why you would take a gun along broken down anyways if you can't posses it where you are going as it doesn't exactly do you much good in pieces.

[R L Suehr]

Thanks.

I imagine ammo is also prohibited?

NJ is the only place I'm aware of any restriction on the possession of ammo. You can't have hollow point ammo in NJ.

[tl_3237]

If the OP intends to garner protection under FOPA's 18 USC 926A, I suggest he read:
http://forum.pafoa.org/showthread.php?t=140698

Some major points of emphasis:

1. you must be legal to possess and transport in your states of origin and destination. FOPA transport offer no protection in those two states;
   
2. a strict reading of the statute only affords protections for firearms. Whether that extends to magazines, ammo, or other ancillaries is not established;
   
3. once a FOPA travel begins, any accessing or removing the firearm from the FOPA transport methodology terminates the protection and the state of occupancy becomes your state of destination. Having no FOPA protection at the state of destination, you must comport with all the firearm laws of said state.

[tl_3237]

If I wanted to have my sidearm in my car during a out of state trip and I broke it down so it was inoperable without assembling it, would it still be considered a firearm if I was stopped by a State Cop and they asked me if I was carrying? Seems like a way to protect yourself from state laws that infringe on the Second Amendment.

If the OP intends to garner protection under FOPA's 18 USC 926A, I suggest he read:
http://forum.pafoa.org/showthread.php?t=140698

Some major points of emphasis:

1. you must be legal to possess and transport in your states of origin and destination. FOPA transport offer no protection in those two states;
   
2. a strict reading of the statute only affords protections for firearms. Whether that extends to magazines, ammo, or other ancillaries is not established;
   
3. once a FOPA travel begins, any accessing or removing the firearm from the FOPA transport methodology terminates the protection and the state of occupancy becomes your state of destination. Having no FOPA protection at the state of destination, you must comport with all the firearm laws of said state.

[ErSwnn]

If I wanted to have my sidearm in my car during a out of state trip and I broke it down so it was inoperable without assembling it, would it still be considered a firearm if I was stopped by a State Cop and they asked me if I was carrying? Seems like a way to protect yourself from state laws that infringe on the Second Amendment.

You're stepping into a murky area. It shouldn't be....as mentioned by RL you have FOPA (Firearm Owners Protection Act) as the law regarding this interstate travel....but you WILL be subject to the potentially uninformed "expertise" of a law enforcement office should the possession come to his/her attention. There are many cases of a lawful transportation taking a nasty turn and resulting in years of legal turmoil and barrels full of money.

You have a lot to learn about the subject and the information is readily available on this site, I suggest you perform your due diligence before embarking on your journey. I would say good luck but this is a case in which skill and knowledge will be much more useful.

The short answer to your question is yes. It is still a firearm. The frame has the SN and that part alone makes it a firearm. It is illegal to transport it interstate without meeting certain criteria while doing so. The really sticky part comes when an officer asks "Is there a firearm in the vehicle?" You're going to want to know your answer long before a cop asks you. And as you explore the options that murkiness will return.

[knight0334]

If I wanted to have my sidearm in my car during a out of state trip and I broke it down so it was inoperable without assembling it, would it still be considered a firearm if I was stopped by a State Cop and they asked me if I was carrying? Seems like a way to protect yourself from state laws that infringe on the Second Amendment.

The receiver makes it a firearm regardless as to its assembled condition.


You can rely on FOPA for interstate travel so long as the beginning and ending states allow gun possession. Gun must be locked up in a container and in the trunk. If vehicle lacks a trunk, that container must be in the most remote area of the vehicle. Ammo must be in another container.

However, if whatever state happens to honor your carry licenses, or doesn't prohibit/regulate carrying/possession in a vehicle - you can follow the state's law.