I've never thought about taking a gun across state lines before

Status
Not open for further replies.

DAVIDSDIVAD

member
Joined
Nov 18, 2007
Messages
1,455
Location
Coast of Texas
Are there any rules I need to follow?

I'm going to conceal carry, IF LEGAL, from TX to New Mexico, which has full reciprocity with TX.



Is it legal to simply carry the gun in my waistband across state lines?

Do I have to unload it and put it in the trunk while crossing the TX, NM border?
 
You're crossing a STATE border not an international one. just drive from point A to point B.

I don't think you're required to inform in New Mexico
 
Living down near the MI/OH/IN border during the summers, I've carried over state lines many times without a thought. Both states honor MI's permit. There is nothing special to it. You just need to make sure that the state you are going to honors your home state's permits. You will also want to find out beforehand if your destination requires you to inform a police officer of the gun's presence if you are stopped. MI has this requirement so it's become routine for me, I'd probably do it even in IN where it's not req'd.
 
You have to stop at the state border sign and take a photo of you in front of the sign while you are carrying your gun.
 
As you are traveling into NM, once you are in NM you are about as free as you can be. Under NM "Extended Domain", your vehicle is your home, and you may carry openly or concealed in it.

Where NM gets a little odd, is open carry in-state, you may not openly carry into any establish that sells alcohol, whether or not it's for consumption on the premises. Example, you can't carry into the local mini-mart, or even the grocery store for that matter.
 
The Firearms Owners Protection Act (FOPA) protects interstate TRANSIT of a state, regardless of its gun laws. You can drive THROUGH a state with a cased, unloaded firearm, regardless of its laws, so long as you were legal in your origin and destination state.

As far as carrying, check the laws of the states through which you travel, in particular whether other states recognize your concealed carry credential. In November I went on a hunting trip from Cleveland to rural Missouri. I carried all the way from Cleveland to the Indiana-Illinois border. At that point, I unloaded my firearm and put it in the trunk in a case, separate from the ammunition, which I removed from the magazines. When we passed from Illinois back into the United States (Missouri), I retrieved my handgun, reloaded it and put it back in my IWB holster. The process was reversed on the return trip.
 
New Mexico does allow CCW from Texas in the state of NM. Open carry here is legal as well, and the other poster is also correct, we do have some weird laws for where you can legally carry either OC or CCW, as in no stores that sell loquer for consumption or carry out, or Wal Mart.....and of course, the regulars like state and federal buildings and school grounds.
 
And make sure you are in a state large enough to do any kind of driving for more than 30 minutes to make carrying weapon worth your while.
 
Deanimator said:
I carried all the way from Cleveland to the Indiana-Illinois border. At that point, I unloaded my firearm and put it in the trunk in a case, separate from the ammunition, which I removed from the magazines.

I am curious as to what you did with the ammo?
 
Noxx, can you not openly carry into alcohol serving establishments or can you not carry at all? David said he was going to carry concealed in NM.
 
Deanimator said:
Just dumped it into another container, probably a pocket on my laptop case, but I don't remember. It was separate from the gun and the magazines.

To be legal according to FOPA, the ammo does not have to be separated from the gun, nor removed from the magazines. HOWEVER, the ammo MUST be separated from the occupants in the passenger compartment, just like the gun. That's why I asked.
 
David's usually my day's driving starts at Nogales and does not stop until at least Armarillo and the next twelve hours sees us past St Louis. We are capable of 64-72 hour one way LA to Boston and turn around and return within the 7 day workweek.

Some states like Rhode Island arent big enough to make car ownership worth it.
 
To be legal according to FOPA, the ammo does not have to be separated from the gun, nor removed from the magazines. HOWEVER, the ammo MUST be separated from the occupants in the passenger compartment, just like the gun. That's why I asked.
I was just making sure. In Ohio it's unlawful to have loaded magazines in the car if you don't have a CHL. I combined FOPA with Ohio w/o CHL. The ammunition was in the trunk too. Better safe than sorry.

If the gun was inaccessible, loaded magazines weren't going to help me. I naturally mistrust anything Illinois, so I went beyond what I needed to do.
 
OK, here's one along the same lines, BUT it has to do with sales.

What if I wanted to travel from one state to a recipricating state as far as CCW goes, but what if I was going to a gun show it that next door neighbor and decided I wanted to sell off one of my old .22's? I am not an ffl. Is that considered "interstate commerce" and requires an ffl to do a transfer? Of course I can do this in my state of residence as an individual (for now). Anyone have some direct experience with this?

Thanks.
 
AmEngRifles, the BATFE regs are stickied at the top of the Legal Forum page.

Basically, you can only do an interstate transfer with an FFL involved.

And the OP's question has been answered.
 
Status
Not open for further replies.
Back
Top