FOPA in your state of residence during travel?


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NavyLCDR
April 24, 2008, 11:41 AM
I don't know if we can arrive at a definitive answer to this or if we can just speculate but:

Let's say I live in and am a resident of a state with very restrictive gun transport laws and let's leave New York out of this. I am going to take a trip to visit relatives in another state, such as Wyoming, with almost no restrictions. So I lock the unloaded handgun and my ammo in the trunk which, for the sake of argument, would be an illegal method of transport in my home state. Other than the condition of transport, though, I am otherwise legal to possess the handgun. My intention is to head straight for the border and leave the state.

Does FOPA cover me while in my home state with the intent to travel interstate?

What if I pass through my state of residence while traveling between two other states? Would the fact that I am a resident of the state that I am passing through make a difference?

Thanks! (You all know me, I prefer quoted citations if there are any!)

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csmkersh
April 24, 2008, 11:51 AM
Here's a long article on the FOPA (http://www.hardylaw.net/FOPA.html) which might clear the air some. FOPA covers interstate transfer/possession, not instate.

NavyLCDR
April 24, 2008, 12:11 PM
FOPA covers interstate transfer/possession, not instate.

Right. But let's say, I think it is Indiana (might be another state I am thinking of), that requires a permit for handgun possession/transport anywhere other than your home, your business, place of purchase, repair shop and between those places. I leave my home, I do not have a permit, I am not going to any of those places, I am heading to Wyoming. Since I would be, for the purpose of this discussion, a resident of Indiana, would FOPA allow me to transport the handgun legally during the time that I was in Indiana while traveling to the state line (and for that matter, on return, from the time I entered Indiana to my home).

When do you enter into interstate transportation? Is it leaving your home with the intent to travel out of state or is it when you cross the first state line?

damien
April 24, 2008, 12:39 PM
My question is if FOPA counts in Chicago if I am an Illinois resident traveling to Indiana. That way if I am ever busted with the gun in the car for a triffic citation, I am for sure traveling to Indiana that day.

csmkersh
April 24, 2008, 12:44 PM
Permanently? :)

Blackbeard
April 24, 2008, 01:29 PM
Hard to say. If you live in the restrictive state, why wouldn't you just comply with your state's laws? Just get the necessary permits -- problem solved!

wdlsguy
April 24, 2008, 05:55 PM
Does FOPA cover me while in my home state with the intent to travel interstate?

I think it does:

"... from any place where he may lawfully possess and carry such firearm [NavyLT's home in Indiana] to any other place where he may lawfully possess and carry such firearm [NavyLT's relative's home in Wyoming] ..."

jaysouth
April 24, 2008, 07:19 PM
Possession has to be legal is departure state and state of destination.


D.C., NJ, Ny and MA, you will go to jail. If you can raise bail money, you can come back for your court date and convince a judge that FOPA applies to your particular circumstance.

Betcha you don't get your gun back in any of those jurisdictions. I know a Coastie who was traveling on orders from New England to Maryland for a service pistol match. State police in NJ still have the Coast Guard's three pistols, spotting scope and pistol box. The firearms were identified on his orders as U.S. Government Property by serial number.

Aguila Blanca
April 24, 2008, 10:00 PM
Other than the condition of transport, though, I am otherwise legal to possess the handgun. My intention is to head straight for the border and leave the state.

Does FOPA cover me while in my home state with the intent to travel interstate?
The FOPA covers you for an interstate trip, as long as "possession" of the firearm is legal in the state where the journey begins AND in the state in which the journey ends. If you meet those two criteria and carry the firearm(s) as called for in the law, you are covered ... for the entire trip.

It wouldn't be a bad idea, though, to print out a dozen or so copies of the law and carry them with you.

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