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Traveling out of town with firearms Question.

Discussion in 'Legal' started by Cyanide_357, Jul 17, 2004.

  1. Cyanide_357

    Cyanide_357 Well-Known Member

    I've posted a simular thread a few months ago, but just wanted to double check the situation based on a recent discussion with a 'conspiracy theorist' cousin of mine who is convinced that it isn't permisable becuase of "Bush's Terrorism laws."

    Here is the situation:

    Next week I plan to travel from Ohio to West Virginia for a family function, and I want to take a few firearms with me. I have permission of the property owners, in fact, they want me to do some pest control. I will be traveling with my mother, acting more like her driver.

    I want to take 5 guns (2 rifles & 3 pistols), I am 19, four of the 5 guns are in my dad's name but they were given to me as gifts. The Pistols will be locked in a hard case, the rifles will be in cases and I will install trigger locks on them. Ammo will be stored separate.

    As far as I know I am covered under the federal firearms transportation act. I am clean cut, don't smoke, drink, or do drugs, and have never had a run in with the law.

    Should I be worried about this trip at all. In the unlikely event that I get pulled over by LE, should I have any concerns / what should I expect? Personally I don't see any reason why they need to know, or why the would search the car (trunk).


  2. Cyanide_357

    Cyanide_357 Well-Known Member

    Any One? :confused:
  3. Hawkmoon

    Hawkmoon Well-Known Member

    Didn't we see virtually the exact same question on here about a month or six weeks ago?

    The Firearm Owners Protection Act, which is the federal law you have in mind, applies to states you travel THROUGH. The guns must be unloaded and secured either in the trunk, or if a station wagon in the rear luggage area out of the driver's immediate access. Don' recall if the gun case(s) has to to be locked, but I think so.

    It must also be legal for you to possess the firearms at the point of departure and at the point of arrival. When you get to West Virginia, the FOPA does not apply, because you are not traveling through West Virginia, you are traveling TO West Virginia. Thus, West Virginia's laws apply.
  4. Gray Peterson

    Gray Peterson Well-Known Member

    packing.org's page on West Virginia should help.

    For future reference, you might want to consider starting the application process for a Virginia non-resident permit, since VA permits are considered valid in West Virginia.
  5. Bill St. Clair

    Bill St. Clair Well-Known Member

    People are giving advice about concealed carry in Virginia, which doesn't appear to be what you asked. Packing.org says that open carry is legal in Virginia, and there have been recent news stories about a new law that invalidates any local ordinances forbidding open carry. Hence, you're cool having your handguns there, unless you conceal them, even without a permit.

    As far as traveling, unload your guns and lock them in the trunk or, if your vehicle doesn't have a trunk, lock them in a sturdy box in the back. Don't speed, at least not more than the rest of the traffic. If stopped, behave as you should always behave with any cop, give him your license and registration, and if he asks you a question, say, "I don't answer questions without my attorney present." Don't consent to anything, especially a search.

    It's highly unlikely that you'll have any problems. The United States doesn't have search stops, yet.
  6. Cyanide_357

    Cyanide_357 Well-Known Member

    Thanks for the info... I later found out that on WV State police's site, they have in the FAQ section that basically states that transportation of firearms into the state must be unloaded an in a case.

    Thanks for the info you posted, and Sorry for this rant Hawkmoon.. But...

    ... what the hell do you think this means?

    Not looking for CCW yet, and don't have enough time to get one if I was old enough. But thanks anyway Lonnie.

    Thanks for your reply also Bill.

    Like I said, thanks for you input, and sorry for my minor rant.

  7. carpettbaggerr

    carpettbaggerr Well-Known Member

    While this is true, I would not answer a Trooper's question that way. I'd say "No, Sir, nothing illegal in my vehicle." They may ask if you have drugs or weapons, and I may expand to " No, no illegal weapons". Pleading the 5th on the side of the road would seem to be a good way to get more attention than you want (or deserve)

    You shouldn't even think twice about your trip.
  8. Bill St. Clair

    Bill St. Clair Well-Known Member

    I mistakenly looked up Virginia instead of West Virginia yesterday. Sorry 'bout that. But it looks like they're pretty similar, open-carry wise. If I'm reading it right, open carry is legal in West Virginia and the statutes explicitly forbid localities from overriding.

    carpetbagger, you may be right about causing less suspicion by answering. The problem is that once you start answering questions, if you stop answering them, you cause suspicion about that last question. And I'm likely to stop answering just because I'm sick of the guy's nosiness. Nothing about my life is any of his business unless he has probable cause to believe I've committed a crime, and he's going to have to find the probable cause on his own, without help from me.

    I prefer to start out by laying the ground rules with something like "I don't talk to cops. You may be a nice guy, and I might enjoy a conversation with you over a beer, but there are too many ways to incriminate myself just by saying something stupid, and too many bad cops out there who would be happy to arrest me for doing it. So I won't be answering any questions about anything." If he arrests me, fine. I won't answer any of his questions then, either.

    But I have no experience with actually doing this, since I never get stopped. I've been driving 40 miles each way to work for six years now, and I've never been stopped. Slowed down a couple of times for a nazi check-your-registration-stickers-and-look-for-drunkenness roadblock, but never stopped for cause.

    But I'm hijacking this thread.

    Have a great trip, Cyanide_357!
  9. Hawkmoon

    Hawkmoon Well-Known Member

    Well, not to belabor the obvious, but I'd say it means one of three things:

    a) You think the provisions of the FOPA have changed since the last time you asked this question;

    b) You didn't read or didn't believe the advice you were given here the last time you asked the question; or

    c) You enjoy wasting other people's time asking questions that were answered in some detail not very long ago.

    Take your pick.
  10. Bill St. Clair

    Bill St. Clair Well-Known Member

    It just occurred to me to check out age limits. Some states, New York for example, have laws requiring people to be 21 years old to possess handguns.

    It appears from my quick non-lawyer analysis, that you must be 21 to get a concealed carry permit in both Ohio and West Virginia (which, by the way, are right next to each other, so the FOPA is likely not relevant in this case), but you need only be 18 to possess a handgun in West Virginia, and Ohio appears to have an age limit only on purchase, not possession: you must be 18 to purchase a long gun and 21 to purchase a handgun.

    Ohio, like many states, forbids discharging a firearm from a motor vehicle, but there's an exception. If you do it on your family's farm outside of city limits, and it's not deer season, you can shoot coyotes and ground squirrels from your car/truck. Yes, those two animals are specifically written into the law:Ohio Code 2923.16 (F)(2). You can also drive around your family's farm with a loaded gun in your car/truck, without a concealed carry permit.

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