Travel with handgun laws in TX, AR ,TN, VA, MD, NJ ,NY,CT, MA, and PA??

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cpileri

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A friend who DOES NOT have a Carry Permit in any state is planning a driving trip. Her itinerary takes her as follows:

"... Texas to Arkansas to Tennessee to Virginia.
Then Virginia to Maryland to New Jersey to New York to Connecticut to Massachusetts.
I plan on going into Pennsylvania sometime and the trip back will take some detours. I'm still working on those details..."


What are the legal and practical(*) requirements fro transporting a firearm through: TX >> AR >> TN >> VA >> MD >> NJ >> NY >> CT >> MA >> PA ??

I know its alot, but I figure if one knowledgeable THRer from each state chimes in, it would be a simple matter for that guy, and save alot of searching around.

I, and my friend, sure do apprieciate and answers and thanks in advance!

C-

(*) legal being one thing, and we do indeed want to know that (i.e. must be locked in trunk in school zone), but if a tip like "once you are in your hotel room, you can carry it loaded" or conversely, "once you are in your hotel room, you STILL cant carry it" all would be important to know!!
 
Be sure to avoid the greater NYC area at all costs, which can be difficult since most highways go through this zone. The only state in New England that allows carry without a permit is VT, which is not on your list, so I would suggest extreme caution especially in NY and MA.
 
Well, the default is always the 1986 Firearms Owners Protection Act (FOPA), also known as the Mcclure-Volkmer act. One of the provisions said, if you can legally own a gun in your state of origin and can legally own it in your state of destination, you can travel (directly) through any state without running afoul of their local laws as long as you follow the rules laid out:

TITLE 18 > PART I > CHAPTER 44 > § 926A
§ 926A. Interstate transportation of firearms
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.
Click to expand...

Of course, if the state you're traveling through is not so strict about transport, you're safe as long as you're meeting that state's laws.

Generally, your hotel room is considered your domicile for the night, so you can have your loaded weapon with you in the room. (IF the state you're in allows folks to possess a gun in their homes without registration, FOID cards, etc.)

In PA that would mean that she cannot carry the gun on her person in her car (though she could if she had any carry permit from any state) but can open-carry it otherwise as long as she's not in Philly.

The most restrictive thing about non-licensed carry is this "A handgun being transported in a vehicle without a license to carry must be unloaded and must be carried under one of the exceptions listed above under ‘Carry.’' Read here for the exemptions: http://www.nraila.org/statelawpdfs/PASL.pdf but they mostly have to do with hunting, competing, going to a gunsmith's or FFL, etc. Not just driving around.

However, "Rifles and shotguns may be transported in a vehicle as long as they are unloaded."
 
Texas: Keep it concealed, no requirement to inform LE. Carry it concealed to and from the hotel room.

That's all, drive through.
 
Here’s TX laws:

Here’s TX laws:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
Which means, you are OK to carry a loaded or unloaded firearm on your person in your own home or domicile (i..e a hotel room rented by you, or a friends home which the friend gives you permission to control the home in his absence).
It is also OK to carry in your automobile (or mobile home, camper, etc) without TX CHL, if:
1. you hide it from plain view (in other words, if you carry it on your person in a car, it MUST be concealed- no open carry in a vehicle)
2. you are not committing a crime, a gangmember, or are prohibited from legally possessing a firearm in general
3. you are traveling, that is (in the car) en route to or from any place you have legal right to be [in Texas, at least]
You can also carry concealed on your person that same handgun if;
1. you are walking directly to or from (i.e. no detours) your vehicle and anyplace you were legally hunting or shooting or other sporting activity.
http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=80R&Bill=HB1815

So, my friend, while still in Texas; just can’t OPEN carry anywhere (except her domicile); and can’t concealed carry anywhere EXCEPT: going from her domicile directly to vehicle or vehicle directly to domicile, in her domicile, in her vehicle, and going directly say from the range to her car or vice versa with no detours. She can also hide a handgun anywhere in her vehicle (except where a minor can get at it).

Does this sound correct to other Texans?

Of course, she can lock the thing in her trunk, too- but then why ask this question…
C-
p.s. TXRifleman, you beat me to it. Yours is easier to remember, though!
 
Outside of FOPA protections (which he doesn't seem to qualify for), he will be SOL in CT, MA, and NY.
 
Check out NY very closley. I believe once you cross their border with a handgun and no permit you're toast if they find it.
 
Tennessee is not a traditional "open carry" state, so I believe it has to be unloaded and locked away, but I'm still researching this some myself.
 
The Delaware river?
Click to expand...

Jokes aside, the point of my comment was that the OP forgot DE ... you can't get from MD to NJ without going through DE unless you use a boat or plane.

Note also that neither MD nor DE is a right to carry state.

Check out NY very closley. I believe once you cross their border with a handgun and no permit you're toast if they find it.
Click to expand...

+1
 
Check out NY very closley. I believe once you cross their border with a handgun and no permit you're toast if they find it.
Click to expand...

1) Travel there only under the guidelines in FOPA and

2) Never consent to any search so they won't find it anyway.
 
A provision in AR law allows a concealed weapon if you are on a "journey". You must inform LEO if stopped.
I suggest checking for any recent changes to the law and how the term "journey" is defined. When I took my CHL class a few years ago, "journey" was not clearly defined.
 
Not Required to Inform when in AR..Should Conceal

There is no law required to inform police in Arkansas when 'on a journey' when carrying a weapon. You may carry the handgun openly or concealed without a license, but I honestly would conceal. It is much better that way. Let me copy to you the relevant state statute. I used to frequently carry in rest stops at night before getting a license in Arkansas when I was 'on a journey' to stay safe or in gas stations. Hotels in AR are considered your domicile/residence. I live in TN now but am from AR.



Pursuant to section 5-73-120(c), it is a defense to prosecution under section 5-73-120 that at the time of the act of carrying a handgun, the person is:

In his or her own dwelling, place of business (excluding a "vehicular business" such as a taxi cab or other motor vehicle used for commercial purposes; see Boston v. State, 952 S.W.2d 671 (Ark. 1997)), or on property in which he or she has a possessory or proprietary interest;

Carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon (see Riggins v. State, 703 S.W.2d 463, 464 (Ark. Ct. App. 1986), "[a] journey has long been defined as 'where one travels a distance from home sufficient to carry him beyond the circle of his neighbors and general acquaintances and outside of the routine of his daily business...'" (citations omitted));

Have a safe trip passing through Arkansas, keep your handgun concealed to avoid any unexpected delay and you'll have to unload it before crossing into TN to be in compliance with TN law. I live in TN now and you need a license/permit anytime, journey or not, to carry a handgun in public
 
Recent AR State Police policy states you must inform LEO you are carrying a weapon...This is true with an AR CHL, why wouldn't it be true if you are on a journey without an AR CHL?

The definition of "journey" still sounds pretty vague to me. If I travel out of my neighborhood not in my usual routine I can carry a weapon without a license?...I wouldn't try that line on an AR LEO.
 
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I'll try to give you a heads up on TN, since I live here.

39-17-1307. Unlawful carrying or possession of a weapon. —

(a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4²), or a club.


(2) (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).

(B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.

(C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.

So, in TN without a permit, you can get generally fined $500 for having a loaded pistol in the car C Misdemeanor or of course the A Misdemeanor (higher fine) for carrying in public.

Now I'll give you the law for her to be legal here without a permit.

It is a defense to the application of § 39-17-1307 if the possession or carrying was:
(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;
(3) At the person's:
(A) Place of residence;
(B) Place of business; or
(C) Premises;

Your friend is legal in TN with her handgun unloaded, with ammo separate from the gun, say in the trunk in her luggage. You could unload before crossing one of the bridges into Memphis from West Memphis (do that at daylight or very well light area with lots of people because West Memphis is rough). A good safe place is the Hwy 118 exit..there is a Dairy Queen and Huddle House open until 10PM...if later next exit east will have a Wal Mart and well lit gas stations in West Memphis. Don't stop anywhere in Memphis city limits alone with an unloaded gun, if you don't know the area. You can have a loaded gun in your hotel room because it is your 'residence' in TN. Safe places east of Memphis for a woman to stop for gas are the Canada Rd/Lakeland, TN Exit and the Hwy 385/Airline Road Exit that is in Arlington, TN. Lakeland and Arlington are both safe suburbs outside Memphis. I'm assuming your friend will be traveling on Interstate 40 if she's passing from TX, AR, and TN.
 
Excellent.

So far, this thread is excellent, exactly what i am looking for.

So, as a synopsis:
TX: while still in Texas; just can’t OPEN carry anywhere (except her domicile); and can’t concealed carry anywhere EXCEPT: going from her domicile directly to vehicle or vehicle directly to domicile, in her domicile, in her vehicle, and going directly say from the range to her car or vice versa with no detours. She can also hide a handgun anywhere in her vehicle (except where a minor can get at it).

AR: Must inform police in Arkansas when 'on a journey' when carrying a weapon. You may carry the handgun openly or concealed -in the vehicle, not in public- without a license
Pursuant to section 5-73-120(c), it is a defense to prosecution under section 5-73-120 that at the time of the act of carrying a handgun, the person is:
In his or her own dwelling, place of business (excluding a "vehicular business" such as a taxi cab or other motor vehicle used for commercial purposes; see Boston v. State, 952 S.W.2d 671 (Ark. 1997)), or on property in which he or she has a possessory or proprietary interest;
Carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon (see Riggins v. State, 703 S.W.2d 463, 464 (Ark. Ct. App. 1986), "[a] journey has long been defined as 'where one travels a distance from home sufficient to carry him beyond the circle of his neighbors and general acquaintances and outside of the routine of his daily business...'" (citations omitted));
Have a safe trip passing through Arkansas, keep your handgun concealed to avoid any unexpected delay and you'll have to unload it before crossing into TN to be in compliance with TN law. you need a license/permit anytime, journey or not, to carry a handgun in public (TN continues next section)

TN: Your friend is legal in TN with her handgun unloaded, with ammo separate from the gun, say in the trunk in her luggage. You could unload before crossing one of the bridges into Memphis from West Memphis (do that at daylight or very well light area with lots of people because West Memphis is rough). A good safe place is the Hwy 118 exit..there is a Dairy Queen and Huddle House open until 10PM...if later next exit east will have a Wal Mart and well lit gas stations in West Memphis. Don't stop anywhere in Memphis city limits alone with an unloaded gun, if you don't know the area. You can have a loaded gun in your hotel room because it is your 'residence' in TN. Safe places east of Memphis for a woman to stop for gas are the Canada Rd/Lakeland, TN Exit and the Hwy 385/Airline Road Exit that is in Arlington, TN. Lakeland and Arlington are both safe suburbs outside Memphis. I'm assuming your friend will be traveling on Interstate 40 if she's passing from TX, AR, and TN.

VA:

MD: Well, I used to live in MD myself. I remmeber: unloaded, locked in trunk. Ammo seperate and NOT loaded into magazines, and also locked up out of accessibility range. Basically, OK to transport; not to carry. When in your home/business, you are OK.
What I don't know about MD: is a hotel room your domicile?

DE:

NJ:

NY: Check out NY very closley. I believe once you cross their border with a handgun and no permit you're toast if they find it.
1) Travel there only under the guidelines in FOPA and
2) Never consent to any search so they won't find it anyway. (*below for FOPA rules)
OK, there HAS to be a way to at least TRANSPORT a handgun through NY. Unloaded, locked in trunk, seperate from ammo?

CT:

MA:

PA:

Just a few more states to fill in. Thanks in advance! You'all have been very helpful!

(*): FOPA Guidelines:1986 Firearms Owners Protection Act (FOPA), also known as the Mcclure-Volkmer act. TITLE 18 > PART I > CHAPTER 44 > § 926A
§ 926A. Interstate transportation of firearms
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.


C-
 
OK, there HAS to be a way to at least TRANSPORT a handgun through NY. Unloaded, locked in trunk, seperate from ammo?
Click to expand...

Yes, that's the FOPA safe passage rule. Locked in container, separate from ammo, and unloaded. In trunk, inaccessible from passenger compartment.

Personally, out of nothing but paranoia, I'd disassemble the handgun in that locked case as well.

Also be aware that it's worded such that you can only do this if you are actively "traveling". If you stop to see a museum you no longer qualify.
 
ASP Policy Different than Law

AR State Police Policy for those with a CHL doesn't mean anything for those who are carrying a weapon when on a journey. There is no law that requires anyone on a journey to inform police in Arkansas that they are carrying a weapon. I have lived in Arkansas most of my life, know LEO's, lawyers, etc still back home.


Those who are carrying a weapon when on a journey are also not limited to carrying handguns. They may carry clubs, switchblades, blackjacks, slappers, etc.

A person 'on a journey' may carry the weapon on his person or in the vehicle without a license. There is no difference, as I showed in the state statute earlier. It is perfectly legal for someone in Arkansas to carry a weapon say in a Waffle House without any sort of license while out on the open highway traveling. It is SMART to CONCEAL that weapon when doing so.

This law has been on the books for over 100 years and was about the only way for folks to carry weapons before licensing happened in the mid 1990's.
This law was meant to help people protect themselves while traveling away from their circle of friends/familiar surroundings. A lady with luggage from Arkansas is obviously on a journey and is just as legal to have a pistol in her purse as she is to have it in the glovebox in Arkansas.
 
In Pennsylvania, it is not lawful to transport a handgun in a vehicle unless you meet certain exemptions such as travelling directly to or from a range or gun shop, OR if you have a valid carry license/permit issued by ANY state (PA recognizes all state-issued weapons license/permit for purposes of carrying in a vehicle ONLY; the list of reciprocal states for purposes of carrying concealed outside a vehicle is lengthy, however).

In other words, can't do it legally unless you're covered under FOPA.
 
Yes, that's the FOPA safe passage rule. Locked in container, separate from ammo, and unloaded. In trunk, inaccessible from passenger compartment.

Personally, out of nothing but paranoia, I'd disassemble the handgun in that locked case as well.

Also be aware that it's worded such that you can only do this if you are actively "traveling". If you stop to see a museum you no longer qualify.
Click to expand...

Know FOPA inside and out, don't stop for anything, hope you don't have an accident or incident within the state and run thru NY like your a$$ is on fire and your hair is catching.
 
clarity

OK, I found myself starting to get confused by some language.

For purposes of this thread, lets agree on the differences between transport, carry, and travel.

Transport means moving the handgun through the state/area; the handgun inside the vehicle and NOT on her person.
(Transport in plain view means the handgun can be visible, transport hidden/concealed means not in plain view)
Other important adjectives to add to transport would be "accessible" and "inaccessible".
And from now on, "Travel FOPA-style only" means: Locked in container, separate from ammo, and unloaded. In trunk, inaccessible from passenger compartment.

Carry means the firearm is ON her person. Open carry means it is visibly on her person, concealed means not visible on her person. Carry in public means carrying a fireams OUTSIDE her vehicle and ON her person.

Travel means a journey, travelling means she is moving her and hers from a domicile to her next domicile; without detours. Detours can be sightseeing, etc. If special cases exist where stopping for gas or at a highway rest stop is not part of a journey; she needs to know that.


SO, for example: the case of Arkansas she can carry, open or concealed (preferred by the respondent), inside her vehicle- or can transport the firearm, accessibly or inaccessibly- whichever she chooses. She can also carry it publicly while at a rest stop, getting a quick bite to eat, or getting gas as long as she is still travelling. She just can't carry it publicly while out and about sightseeing. But she can transport it ACCESSIBLY in the vehicle where it stays) while sightseeing in AR, right? or must it be inaccessible?

Anyway, that was my confusion when I read that she cant transport it through NY. Which, by these definitions, means she can't bring it across state line no way no how. Which of course, isn't the case; since FOPA applies.

Not sure exactly how fast she will haul tush through NY. I leave the details up to her. i just want to provide her with the info needed to make an informed decision.

Really, you guys have no idea how much you are helping her (and me) out. THANKS!

C-
 
I would forget about a handgun in NY. I take my Ruger 10/22 as a car gun...

It is better than nothing!

in NJ it is unloaded, locked up, and the ammo locked in a separate box.

I AVOID Md like the plague! Go through Pa and stay away from Md! (you can get through the 10 miles of Md on I-81 at 65mph and will not be stopped)
 
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