Traveling cross-country with handgun?

[swagner89]

My GF is planning to drive from our home in Baltimore,MD to Reno, NV to visit her father for the holidays. She wants to take her GP100 for personal protection, but she doesn't have a concealed carry permit. what kinda legal trouble is she likely to get in?

 

[CoRoMo]

www.handgunlaw.us

Looks like she'll be going through Illinois. Read up on that state.

http://www.thehighroad.org/showthread.php?t=445342
http://www.thehighroad.org/showthread.php?t=523045
http://www.thehighroad.org/showthread.php?t=360413

 

[kingpin008]

Have a look at the Firearms Owners Protection Act, specifically the "Safe Passage Provision".

http://en.wikipedia.org/wiki/FOPA

Basically, provided that the ownership of said gun is legal at both her starting and ending point, she's going to have to keep the gun unloaded and "not easily accessible" while on her trip.

If she stops overnight at a hotel or whatever, she may keep the pistol loaded with her in her room, provided that it stays in the room. If she goes out for ice, or to ask for more towels at the front desk, she must leave it behind in the room.

And as CoRoMo mentioned, certain states (such as IL and NY) don't exactly agree with the FOPA provisions, and they WILL give her the business if she is pulled over and the gun is found. Your best bet is to avoid such areas to begin with, but if they must be driven through, be very, very good and do not give them a reason to pull you over.

 

[southern man]

on no conceal carry

she needs to check all state gun laws personally i dont blame her with the way people are today but better safe than sorry some states have open carry laws i live in alabama but i have ccp but when i go back up to va they dont recognize it but they do have open carry law state troopers office can tell you what they are and most officers i think would not even press it unless you was doing something stupid like waveing around i think they understand how things are this day and time mine goes with me where ever i go church town work where ever you just dont know what people will do now a days use to you could sleep with your doors unlocked not now you will wake up dead a little humor hahaha

 

[CoRoMo]

She can avoid IL, but swinging that far south, according to Google Maps, will add seven hours to the trip. I would take the southern route if it were me.

http://maps.google.com/maps?f=d&sou...38.030786,-96.987305&spn=20.340732,50.625&z=5

 

[brboyer]

Have a look at the Firearms Owners Protection Act, specifically the "Safe Passage Provision".

http://en.wikipedia.org/wiki/FOPA

Basically, provided that the ownership of said gun is legal at both her starting and ending point, she's going to have to keep the gun unloaded and "not easily accessible" while on her trip.

If she stops overnight at a hotel or whatever, she may keep the pistol loaded with her in her room, provided that it stays in the room. If she goes out for ice, or to ask for more towels at the front desk, she must leave it behind in the room.

And as CoRoMo mentioned, certain states (such as IL and NY) don't exactly agree with the FOPA provisions, and they WILL give her the business if she is pulled over and the gun is found. Your best bet is to avoid such areas to begin with, but if they must be driven through, be very, very good and do not give them a reason to pull you over.

First thing to understand about 18 USC 926A - it provides no protection, whosoever, against an arrest for violation of any state or local law. In legal terms it is an Affirmative Defense to a charge. So basically, your attorney will go to the prosecutor and say, Billy is covered by 18 USC 926A and if the prosecutor agrees, the charges may get dropped. If not, your attorney gets to explain it to the judge at a preliminary hearing - hopefully the judge will understand. If not he'll be telling your story to a jury.

Law enforcement officers and agencies are under no obligation to understand the 18 USC 926A provisions or to even know it exists, let alone take it into consideration when contemplating an arrest for a local or state law violation.

Second, there has been some discussion of the actual requirements under the law. As highlighted below, there is a requirement that one must be legally permitted to carry the firearm at both the starting and ending locations of the trip. Some legal experts interpret this to mean some form of carry permit.

...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...

Third, the advise above about being able to take it into the hotel is not, in any way, covered by 18 USC 926A and is strictly dependent of state and local laws.

THE OP's girlfriend needs to completely understand the provisions of every state and locality (if applicable) she will pass through and comply with those provisions.

 

[NavyLCDR]

Keep the gun and the ammo either locked in the trunk, or in a locked case if the vehicle has no trunk (with no ammo in the gun), drive carefully, do NOT consent to LEO's inspection/search of either the locked trunk or locked case and she SHOULDN'T have any problems. Even if her vehicle has a trunk, I would keep the unloaded gun and ammo in a locked case, that way, when she stops at a hotel, she can just carry the locked case into the hotel room. IF she is stopped, and IF the LEO asks about having a gun, the correct answer is, "I am transporting an unloaded gun, in a locked case in accordance with the provisions of 18 USC 926a". I recommend a combination lock with the combination memorized, that way they have to torture the subject to get the combo, rather than search for a key.

Of course, Brian Aitken in New Jersey should not have had any problems either...

I would not hesitate to make the trip with the unloaded gun and ammo in a locked case, myself.

 

[CapnMac]

Perhaps it is only me, but as much a needed victory as FOPA was, it still does not address what is needful for the traveling public.

OP's SF is making a 304 day trip across 3/4 the American continent. This will require at least two and probably three nights' lodging along the highway, away from home. The number of stops for gas will be greater. Only having one's eyeball to assess these places is an imperfect method for choosing them.

Which means the situation a solo driver can get into can change with just a wrong turn. Which would be a bad time to go to Condition Orange with everything looked up in separate containers "not in ready communication to the passenger compartment."

So, the logic of it still bothers me. Usually our safety at either end of the trip is a known, or know-able, thing. It is in the duration of the trip that the number of un-knowable things increases. Yet, our federal law only really allows us a tire iron of hammer during what can be the most dangerous part of our road trips.

Sigh, just one more thing on the RKBA agenda to be dealt with; and a huge pile of things still needing mending first, too.

 

[isp2605]

She will have no trouble with IL. Why people keep posting stuff when they have no knowledge is beyond me. They just keep repeating the ignorance and baseless internet rumors and repeatedly show how gullible and ill-informed they are.

For IL all she needs to do is have the firearm unloaded and in a case. Ammo can be in the same case as the firearm but ammo does not need to be in any case.
The case does not have to lock but it does need some method of closure such as tie, zipper, velcro, snap, etc. A case is defined in IL statute as: "a container specifically designed for the purpose of housing a gun which completely encloses such gun by being zipped, snapped, buckled, tied, or otherwise fastened with no portion of the gun or bow and arrow device exposed."
If anyone has any questions about IL law please read up on it before posting erroneous information. Wrong information doesn't help anyone and just further spreads the ignorance.
http://www.isp.state.il.us/foid/firearmsfaq.cfm

 

[TexasRifleman]

She wants to take her GP100 for personal protection, but she doesn't have a concealed carry permit. what kinda legal trouble is she likely to get in?

Well to answer your actual question, she's not LIKELY to get into any legal trouble at all.

There are all kinds of things that COULD happen, and you are seeing some of the many things in this thread but none of them are LIKELY if she stays out of trouble, keeps the firearm concealed, and adheres to the safe passage provisions of FOPA in states that don't allow for carry under other circumstances.

Always keep in mind that there has to be something to kick off a search of a car that turns up a firearm. Avoid THAT and you never get to the point where you have to find out if FOPA helps you or not.

 

[oldbanjo]

Prior to leaving check all lights and make sure they are working and don't speed. I always have reregistration and Ins info handy and NOT in glove box or console. It's no ones business whats in them, so I don't open them. Other than that use common sense and be SAFE.

 

[md2lgyk]

Why do so many people think they'll be a "cop magnet" if their car has a gun in it? I travel extensively between the East coast and the Midwest (twice in the past month alone), usually on Interstates. It isn't unusual to drive an entire day and never see an LEO. And if you're not doing anything to attract one's attention, your chances of being pulled over are practically nonexistent. I haven't been stopped in more than 40 years.