Interstate travel, help needed

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brighamr

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OC in NV, ID, and MT. Need advice on state mentality.

I'm not sure if this is the correct forum, so mods please move if necessary. I am leaving next thursday on a trip from CA through NV to UT, then through ID to MT. I know the laws in CA, but the rest I am unsure of. My question is this:

What OC or automobile transportation laws exist in NV, UT, ID, and MT?

Example: In CA, I have to have my XD in a locked container (empty) with any ammunition in a separate locked container. And to make things clearly black and white, the mags are empty and in a different container. :barf:

I've heard it's legal to OC in a car while travelling through NV, but I would like to confirm this as well as the other states mentioned.

TIA!
 
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ok, so what I've gleaned from packing.org is:

Nevada - OC is okay
Utah - no carry, pretty close to CA laws regarding transportation
Idaho - OC is okay
Montana - OC is okay


So for the people who reside in NV, ID, and MT: Have you ever had problems OC'ing while driving a vehicle?

Basically, I am travelling with cash, family and my most precious valuables (guns). I want to OC where possible but I don't want to get harrassed by Junior LEO's that don't know their state laws. Please give me some insight as to how common OC is in NV, ID, and MT and if you think it'll not be a big deal for me to OC whilst driving through.

On a side note, the majority of my time will be spent in MT. Is it true that OC is accepted anywhere that isn't federal property?

I'm very greatful for your comments.
 
There is no law about transporting a firearm in NV. You can load a pistol and put it in your glove box for all they care, just don't conceal it on your person w/o a permit. The City of Reno (and I believe LV), however has a city ordinance banning open carry, Sparks and the rest of NV is ok though. Don't know anything about the rest of the states.
 
Since you live in California, you should consider getting a Utah and/or Nevada Concealed Firearms Permit.

Much of the information at packing.org is out of date. I suggest using handgunlaw.us instead.
 
BTW, a lot of folks on this forum, myself included, associate "OC" with OC "Oleoresin Capsicum" spray, aka Mace, rather than open carry.
 
I've considered a UT CCW. My trip came up pretty fast and I don't have time to get one now (leaving in less than a week).

Also, Sorry for any confusion. I'm definitely looking for Open Carry information, not mace ;)

I also found this at the handgunlaw link provided. Does this mean I have to have the firearm unloaded due to the Federal Law, even though the states have no such law?

Federal Law on Interstate Transportation of Firearms
Code of Federal Regulations
Title 18 > Part I > Chapter 44 > § 926a
§ 926A. Interstate transportation of firearms
Release date: 20050803
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.
 
I also found this at the handgunlaw link provided. Does this mean I have to have the firearm unloaded due to the Federal Law, even though the states have no such law?
Click to expand...
No, it just gives you a way to transport through gun-unfriendly states.

Another resource would be the Traveler's Map at opencarry.org. I cannot vouch for the accuracy of the information there however.
 
wdlsguy, great info! thanks for replying.

TallPine, the more you tell me the more excited I am about moving there :D Did I mention part of this trip is scoping out some temporary rentals? :cool: I figured on renting whilst I look for the perfect spot of property to buy.

Any more info on ID would be appreciated.
 
Open carry in Utah is legal without a CCW from any state as long as there isn't a round in the chamber (for a pistol) or (for a revolver) no round under the hammer and the next chamber. It has to do with the definition of a loaded gun - see U.C.A. 76-10-502.
 
Car Knocker - is this a loop hole so-to-speak, or is it commonly accepted info?

In CA we have several loop holes that still get people arrested (grey area of the AW crap). I know two different cases right now where prominent citizens are being tried for perfectly legal firearms, but because of the DOJ and LEO's not knowing the law they got arrested.

I definitely want to avoid any grey areas while traveling...
 
Can I legally carry a loaded firearm in a vehicle in Utah?

Utah law prohibits anyone other than law enforcement officers and valid concealed firearm permit holders from carrying a loaded firearm in a vehicle.
Click to expand...
http://highwaypatrol.utah.gov/uhp_faq.html#Loaded Gun in Vehicle

76-10-505. Carrying loaded firearm in vehicle or on street.
(1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
(a) in or on a vehicle;
(b) on any public street; or
(c) in a posted prohibited area.
(2) A violation of this section is a class B misdemeanor.

Amended by Chapter 328, 1990 General Session
Download Code Section Zipped WP 6/7/8 76_0C034.ZIP 1,712 Bytes
http://le.utah.gov/~code/TITLE76/htm/76_0C034.htm


76-10-502. When weapon deemed loaded.
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.

Amended by Chapter 328, 1990 General Session
Download Code Section Zipped WP 6/7/8 76_0C031.ZIP 1,898 Bytes
http://le.utah.gov/~code/TITLE76/htm/76_0C031.htm

I definitely want to avoid any grey areas while traveling...
Click to expand...
People doing perfectly legal things get arrested or harrassed by those who are ignorant of the actual law. There are no guarantees. I've posted the applicable laws and the UHP's interpretation. I know people who open carry regularly with handguns that are not "loaded" and who regularly have "unloaded" handguns in their vehicles. I don't carry openly as I prefer concealed carry, so have no personal experience to relate.
 
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