Road trip question


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skeptiq
November 23, 2008, 08:26 PM
I searched on here for a thread close to what I was looking for, but couldn't find anything.

I read somewhere on the web that it was legal to carry a loaded handgun in the car (even if you don't have a CCW) if you are on a "bonafide journey." It smells fishy to me, but I am going on a road trip with my family and want to know for sure. I would be fine with having it in the trunk stored properly, but would rather have ready to go.

We are going from Cincinnati - Kentucky - Tennessee - Arkansas - Texas

Thanks in advace!

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Johnny Dollar
November 23, 2008, 10:16 PM
Hi skeptiq.Good handle for THR!
Without a CCW the following laws apply:

Ohio:firearms must be unloaded in plain view with actions open or enclosed in cases.

Kentucky:firearms may be carried loaded and in plain view,loaded handguns may be carried in the glove compartment(center console carry not allowed).

Tennessee:firearms must be unloaded and in plain view or secured in commercial gun cases anywhere in the vehicle.

Arkansas:handguns must be unloaded and cased.Glove comp. carry of a handgun is illegal.Rifles and shotguns may be carried in plain view or secured in commercial cases unloaded during hunting season.

Texas:concealed,loaded handguns may be carried anywhere in a vehicle.Loaded long guns may be carried anywhere.

I'm exhausted now.Hope that helps.:D

skeptiq
November 24, 2008, 09:02 AM
Thank you very much for getting me that info, it's much appreciated.

wyocarp
November 24, 2008, 10:00 AM
I would print out the above reply just in case you get stopped so you can show the officer what the law is. Well, just kidding about that, but I would print out the requirements for each state, read it, understand it as best as possible, and have them with you. These days, one never knows what will happen and if you've read the law you are probably more informed than the officer pulling you over. (That is not a slam on officers.)

skeptiq
November 24, 2008, 10:06 AM
That's my next move. I already contacted Johnny Dollar to see where he got that info. If need be I can get on each state's website and I am sure it's there somewhere.

I just want to keep my family safe driving that far. You never know what crazies are out there.

Thanks again!

highorder
November 24, 2008, 10:14 AM
FOPA has a provision that allows for your trip.

here is the wiki; there is more info available, and I'm sure someone will be along shortly to fill in the gaps.

http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act

"Safe passage" provision
One of the law's provisions was that persons traveling from one state to another for a shooting sports event or any other lawful activity cannot be arrested for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, in a locked container.

An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time.

skeptiq
November 24, 2008, 10:55 AM
Very good!!! Thanks!

Johnny Dollar
November 24, 2008, 12:37 PM
FOPA has a provision that allows for your trip.

highorder has good advice for through journeys in states that do not allow legal carry in the passenger compartment for through travelers.
Here is a printable version of FOPA.

http://law.justia.com/us/codes/title18/18usc926a.html

You are welcome skeptiq and PM sent.:)

Hawkmoon
November 24, 2008, 11:05 PM
Two things to keep in mind about the FOPA:

1. Possession of the firearm(s) must be legal at the place where the journey begins; and

2. Possession of the firearm(s) must be legal at the place where the journey ends.

#2 is the one that most often trips people up. A journey "ends" any place you will spend time doing anything other than traveling. If you're going to spend two days and three nights at the Grand Canyon, you're not traveling "through" Arizona, you're traveling "to" Arizona. Of course, Arizona probably isn't going to hassle you, but you still have to be aware of and conform to their laws.

But suppose your itinerary includes two days and three nights in Chicago? If you're driving through the Windy City from Ohio to South Dakota and you stop in Chicago only to buy gas and take a potty break -- the FOPA covers you. (Note that you're still required to be transporting an UNloaded firearm in a location where you can't get at it easily.) Once you stop in Chicago to do sightseeing or to visit Great Aunt Maude, Chicago becomes an "end" of a portion of the journey, and if your possession of the firearm(s) isn't legal in Chicago, the FOPA doesn't cover you for any portion of the trip.

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