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Travel among states - 2 questions...

Discussion in 'Legal' started by Ironbarr, Aug 11, 2005.

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  1. Ironbarr

    Ironbarr Member In Memoriam

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    1. My F-150 has no lockable glove compartment, console storage, trunk, or outside tool box - do "lockable" laws require further "investment"?

    - or -

    2. Interstate Commerce (clause) - seems to me if I spend money (gas, food, etc.) while traveling to (or through) other states that, somehow, I should have an advantage of sorts re these laws.

    Or - am I dreaming through my flat hat?

    Guess I'm looking for wiggle room, particularly in East Coast states (at this point). What say you?

    -AndyB
     
  2. SMMAssociates

    SMMAssociates Member

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    IANAL, but off the top of my head, you should invest in some sort of lockable container, tucked behind the seat, bolted to the floor, etc.

    OH's rules for licensed transport require that you wear the weapon, on your person, in a holster, and in plain sight.

    Failing that, a locked "steal me" box in plain sight, or a locking glove box or console. Nobody's sure about a locked compartment under a seat (some Chrysler products). "Case" is the word used for the "steal me", so about anything that can be locked is acceptable, and it doesn't have to be bolted to the vehicle.

    HOWEVER, if you haven't got a valid license for OH it has to be empty, in a locked container, with the ammunition stored separately. (There appears to be no rule requiring magazines be emptied, just not in the same container as the gun.) The container has to be essentially out of reach of the driver or passengers.

    I have a three-compartment range bag. Two of the compartments are lockable. The third isn't. Placing one or more empty weapons in the locking compartments, and locking them, with the ammunition in the unlocked compartment, should be fine, as long as the bag's locked in my trunk.

    If I don't have a trunk, it'd have to be behind the seats in a pickup, for example, or in a toolbox. I'm not sure you'd need to put that bag in a lockable compartment behind the seats, since it's a locked case, but it'd be pretty dumb not to have a lock on the toolbox.

    If any of this makes sense, I apologize. If the vehicular carry rules seem strange, I didn't vote for most of those guys....

    I think that the OH rules for unlicensed transport probably are valid for FOPA purposes in any state, but some states don't want you to actually stop in them while transporting a firearm. Stay out of New York....

    Regards,
     
  3. Hawkmoon

    Hawkmoon Member

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    This was discussed at length about a week ago. Search on FOPA
     
  4. WT

    WT Member

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    NJ laws require firearms be kept in the bed of the pickup truck, not in the passenger compartment accessible to occupants.

    "Oh dear, someone will steal my gun!" Solution: rent/buy a car with trunk.



    See New Jersey vs Soltis cited below.

    Matter of Two Seized Firearms, 127 N.J. 84 (1992) 602 A.2d 728
    IN THE MATTER OF TWO SEIZED FIREARMS.
    The Supreme Court of New Jersey.
    Argued November 19, 1991 -
    Decided March 4, 1992.

    Appeal from Superior Court, Appellate Division. Page 85

    Susan W. Sciacca, Assistant Prosecutor, argued the cause for appellant State of New Jersey (John J. Fahy, Bergen County Prosecutor, attorney).

    Nancy E. Lucianna argued the cause for respondent Mark J. Sholtis
     
  5. Hawkmoon

    Hawkmoon Member

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    Again I recommend that you read up on the FOPA. You will find that a MAJOR distinction exists between those states you will travel through and those states you will travel to. FOPA covers you while engaged in interstate travel. It does NOT cover you once you have arrived.
     
  6. SMMAssociates

    SMMAssociates Member

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    Hawk:

    Ain't it interesting....

    It's OK to go someplace, but not to be there.... :cuss:

    Regards,
     
  7. Ironbarr

    Ironbarr Member In Memoriam

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    Hawkmoon... I concur, and will do...

    I just wonder though how those "other" states can justify their pettiness if I'm spending money buying things in their state as I travel - again, isn't that "Interstate Commerce"?

    I mean, if the gummint can use that, why can't I? Could it be a loophole maybe?

    -AndyB
     
  8. Hawkmoon

    Hawkmoon Member

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    Yes, it is interstate commerce -- which is why the Feds could enact the FOPA. While you are engaged in interstate travel, you can transport firearms in accordance with the conditions established in the law. In the case of a pickup with no trunk, it means having the firearm unloaded and transported in a locked contained.

    Once you arrive at a destination (whoever or whatever you are going to visit), you are no longer engaged in interstate anything, and thus fall under the purview of the applicable state's laws.
     
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