While I really wish we could all just trigger-lock our guns, toss them in the trunk and head wherever we please, there's more to consider. First are the types of guns you'll be transporting. The FOPA argument is great in theory but is hardly practicable in this instance.
It all comes down to whether or not an officer and/or department you might end up dealing with happens to be following the federal rules or not. Unfortunately, some do not always, and some press the gray zones pretty hard.
(e.g.: If you are forced to stop for the night due to engine trouble, are you still on an interstate journey? Are you still covered by FOPA or has your emergency lodging become a
de facto "destination" thus removing your federal protections?)
Otherwise, all the worry about pre-ban/post-ban and illegal features would be of no concern: That's exactly the kind of thing FOPA is supposed to prevent you having to worry about.
The best plan is to gas up and pee before you enter an "unfriendly" state, and then drive the speed limit straight through without stopping. If you end up stopped for some reason, don't give an officer any probable cause to search your vehicle, nor any inkling of a reasonable suspicion that you've committed some crime.
(You may decide to remove the NRA sticker from your car and scour the passenger compartment for gun-related items that could spark some deep fishing attempt. There was a guy in MD who's vehicle was searched because a Maryland State Trooper saw a speedloader in the cup holder. That was upheld as legitimate reasonable suspicion because it indicated that perhaps the guy was transporting a firearm not in accordance with MD law.)
If pressed, get out, lock your doors, and very politely but firmly refuse to consent to any searches. Remember, refusal to answer probing questions or to give your consent for a search are not, themselves, reasonable suspicion or probable cause. If you are outside of a locked car, the officer's "terry frisk" for his safety's sake has to be limited to your person and immediately accessible locations.
If an officer wants to press the issue, yes he can probably find a reason to search your car, but if he has to do so without your consent it puts the burden much more heavily on him that anything he finds that doesn't jibe with his states (illegal) refusal to abide by FOPA was not obtained through an illegal search.
All of this could ruin your day, but the chances of having the kind of trouble that will get you police attention, compounded by the chance of running into an officer who won't accept FOPA protection are probably pretty small.
There are always risks, unfortunately. Follow the law exactly and you place the onus of
breaking the law on the entity which doesn't respect your rights.
Brian Aitken is a prime example of federal guidelines failing in state courts.
Aitken was not covered by FOPA -- AT ALL -- because his situation had nothing to do with interstate travel.
It still doesn't hurt to take a quick and easy exam just to be safe.
Be safe about what? Is there some circumstance under which you could be forced to show your safety test card to prove that you can own a gun you already possess? I understand you have to provide that to the seller if you want to purchase a gun. Is there any situation under which you'd have to show it to anyone else, for any other reason?
