Traveling Interstate with firearms, including magazines over 10 rounds

[GuyWithQuestions]

Okay, we've all heard that you can travel from one state a firearm's legal to another state that it's legal and travel through a state in the middle that it's illegal, but how does that federal law work? I've heard from some places that you can only use this if you only stop at a hotel or restaurant on the way through, but not if you plan on visiting for a day or two? Is that true, or not really? Let's say for instance, one is traveling across the U.S., from coast to coast, and has a magazine that carries 16 rounds. The person travels through D.C. and spends 2 days visiting the Smithsonian and national zoo, FBI building (of course they don't bring it in!), etc. They also spend one day visiting California in their 2 month vacation across the U.S. (if one could get that much time off work). Let's say they go through New Jersey, and happen to have JHP rounds, but of course they're locked up? I was looking at U.S. Code Title 18, Part I, Chapter 44, 926A, and it says:

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.

http://www4.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_44.html

927 says:

No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together.

 

[MarkDido]

I recently took a trip from Florida to Virginia Beach via Fayetteville NC and back.

I brought my Taurus PT-111 (9mm) and my Kel-Tec P-32 (.32 cal)

I thoroughly researched the gun laws for each state that I transited through (Georgia, SC, NC and VA)

The only state that didn't have CCW reciprocity with FL was SC, so the firearm was locked in its case while I was in SC.

Mind you these are gun friendly states, and I was paranoid the entire trip. Not because I was doing something wrong, but because had something happend while I was outside of Florida, I didn't want to be a "test case" for federal "safe transit" laws and wind up cooling my heels in a county jail until things could be sorted out.

That said, Had I been going through or to non-friendly gun places (NY, NJ, DC), I would just have left everything home.

 

[wdlsguy]

Let's say for instance, one is traveling across the U.S., from coast to coast, and has a magazine that carries 16 rounds. The person travels through D.C. and spends 2 days visiting the Smithsonian and national zoo, FBI building (of course they don't bring it in!), etc.

I would be willing to drive on the freeway through DC with a firearm and ammunition (both locked in the trunk) on my way to a hotel in VA (with a confirmed reservation), but it would stay in VA while I was visiting DC.

They also spend one day visiting California in their 2 month vacation across the U.S. (if one could get that much time off work).

Wouldn't be covered, because you aren't just passing through.

Let's say they go through New Jersey, and happen to have JHP rounds, but of course they're locked up?

Shouldn't be a problem, assuming you follow New Jersey's interpretation of 26 USC 926a.

 

[barnetmill]

if you have an accident or breakdown in DC make sure they tow you to virginia. In maryland in some counties they still might confiscate your gun even if they do not charge you.

 

[Aguila Blanca]

Okay, we've all heard that you can travel from one state a firearm's legal to another state that it's legal and travel through a state in the middle that it's illegal, but how does that federal law work? I've heard from some places that you can only use this if you only stop at a hotel or restaurant on the way through, but not if you plan on visiting for a day or two? Is that true, or not really? Let's say for instance, one is traveling across the U.S., from coast to coast, and has a magazine that carries 16 rounds. The person travels through D.C. and spends 2 days visiting the Smithsonian and national zoo, FBI building (of course they don't bring it in!), etc. They also spend one day visiting California in their 2 month vacation across the U.S. (if one could get that much time off work). Let's say they go through New Jersey, and happen to have JHP rounds, but of course they're locked up? I was looking at U.S. Code Title 18, Part I, Chapter 44, 926A, and it says:

The law you cite covers transiting through Injun territory. If you spend 2 days IN Washington, DC, sightseeing and museum hopping, you are not transiting through DC, you have gone TO DC and the law does not protect you. Traveling means "traveling," as in getting from Point A to Point B. I know where you're coming from, I have done a couple of cross- and around-country camping trips. In normal conversation we think of that as "traveling" around the country, but that is not what the FOPA had in mind. Perhaps it should have, but the logical extension of your line of thought would deprive states of the power to regulate what goes on in their territory for potentially extended periods, and thats not what the Federal laws are supposed to do.

It's one thing to tell the states that they can't arrest you for passing through with an item that's illegal in their laws but legal at your home and at the place you're going. It's a bit different to expand that to say they also can't regulate you while you spend a week traipsing around their towns and cities and parks.

Ideally, everyone would recognize that the 2nd Amendment tells the states just that with regard to firearms. But the FOPA does not.

 

[GRIZ22]

Let's say they go through New Jersey, and happen to have JHP rounds, but of course they're locked up?

You should be fine in NJ with your hollowpoints under those circumstances. Read further on the NJSP link that wdlsguy gave you. Contrary to what a lot of people believe possession of hollow points is not illegal in NJ. NJ dictates what that can be used for but you can buy all you want.

 

[Aguila Blanca]

For all its other arcane anti-gun laws, New Jersey actually reproduces the exact language of the FOPA in state law, so there "should" be no question that the law applies. Anecdotally, what I have been hearing is that NJ state troopers are pretty well up to speed, but local and county LEOs may not be as well-informed. It would not be a bad idea to print out copies of both the Federal law and the NJ law, and carry several sets with you.

 

[Robert Hairless]

The only state that didn't have CCW reciprocity with FL was SC, so the firearm was locked in its case while I was in SC.

I've done that homework and found that in South Carolina it's legal for non permit holders to have a firearm in the glove compartment or console. Neither compartment need be locked and the gun can be loaded.

 

[MarkDido]

I've done that homework and found that in South Carolina it's legal for non permit holders to have a firearm in the glove compartment or console. Neither compartment need be locked and the gun can be loaded.

I read that as well. I just felt more comfortable having it (loaded) in my litttle truck gun safe. I was only in SC for about an hour and a half, passing through.

 

[sonyhoppes]

That said, Had I been going through or to non-friendly gun places (NY, NJ, DC), I would just have left everything home

That scares the poop out of me because sometimes it's unavoidable. Kind of hard to get anywhere in the US from New England via car without going through NY...or Kanada! I live in CT so that means going through NYC unless I want to go way out of my way. I don't speed, don't stop, stay on the interstate and get through as quickly as I can, but that doesn't mean I can't get a flat tire, break down, get into an accident, etc.

 

[Aguila Blanca]

I live in CT so that means going through NYC unless I want to go way out of my way.

Considering that New York state extends from the Atlantic coastline right up to the Canadian border, you simply cannot get out of New England to go to other parts of the U.S. without going through New York -- unless you head north and go through Canada, which doesn't work if guns are involved. Going out of your way isn't an option, unless you mean boarding a ship and taking a cruise that stays far enough off-shore to avoid New York territorial waters.