Traveling the east coast

[ptmmatssc]

coyote_jr

Read my post again . The local ATF office said state law trumps fed law . THEY say it is so . I am repeating what the federal authorities in my region have stated. If THEY are getting it wrong , do you really think a local PD will get it right?

 

[coyote_jr]

Doesn't matter, they can say whatever they want to say, could be that the people you spoke with don't have a clue...

However in regards to the OP's original question, the law is crystal clear. If the weapons are stored correctly and it's legal where he started and where he ends up, it is 100% legal and any PD in ANY jurisdiction in America would lose in court on it.

 

[Hoppy590]

well just so you know. 91 meets 95 down inNew Haven CT. and its a good hour, to hour and 1/2 before you even reach boston and 93. and thats NOT including traffic and constant construction. so unless you want to go to boston, and why on earth would you? you could take 95 to 91 and stay clear of boston and eastern MA in general. view the greatness that is WMA ( aka the 413)

and depending how laws are writen, " an organized shooting event" could very well mean a trip to SW indoor range.

 

[ptmmatssc]

I understand what your saying , and I to believe the law is on our side in this . But , like many others , being arrested , and having to go to court , even though we are legally transporting , is cost and time prohibitive. Like in any other field , you have the possibility of running into the one guy that doesn't know/understand the laws .

For me , as I travel , I will have copies of applicable laws and practice caution going through the states known to be anti gun and having "common sense" gun laws . Obey the rules of the road and avoid giving any reason to be pulled over in the first place .

 

[rdaines]

I lived and drove in the northeast for over 30 years and was never pulled over and drove through most of those states the OP mentioned. What does this mean, nothing really YMMV just that the police don't have a gun detector mounted on their cruisers. Drive sensibly, pay tolls and don't speed. I'd also not drive at "odd" times and I hope your car looks "normal". Other than that my advice is to obey all local and state laws and above all respect the Constitution of the USA.

 

[StuckInMA]

coyote_jr

However in regards to the OP's original question, the law is crystal clear. If the weapons are stored correctly and it's legal where he started and where he ends up, it is 100% legal and any PD in ANY jurisdiction in America would lose in court on it.

Coyote, do you have a link to a clear cut version of this law? Or something set in stone that says federal firearm laws trump individual state laws. I'd like to have something to print out and carry with me. The info from the NRA-ILA "Guide To Interstate Transportation Of Firearms" site is a little confusing (to me anyway) as it sites the federal law you're mentioning but then has a section for "Jurisdictions With Special Rules" that spells out different laws for several states.

When I travel to certain sections of Western MA I cut through RI and have been told by the RI SP (over the phone) on two occasions that I can't transport a handgun through the state without a RI license regardless of how it's stored. I've even quoted their own state laws and been told I'm interpreting them wrong. Don't know if I just happened to talk to the wrong people on the wrong days or what. I'm going from one part of MA to another so the legal on each end certainly applies.

Thanks

 

[Aguila Blanca]

StuckInMA is correct . Each state has their own laws regarding transportation of firearms etc. The federal law DOES NOT supersede state law . I actually called ATF to verify this (I to am going to be traveling through multiple states) .

The FOPA is Federal law, and it very much DOES supercede state laws. In fact, it says so right in the text of the law.

Here is the actual law:


TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 44--FIREARMS

Sec. 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.

http://frwebgate.access.gpo.gov/cgi-...ite:+18USC926A

(I added the bold face to emphasize this part as a response to a question in this thread)

New Jersey has incorporated the same provisions in their laws and NJ state troopers are pretty cool with it. Local and county LEOs in NJ are not necessarily up to speed. Avoid NYC -- do NOT take I-95 through the big apple, go around it. NYC does not think they are subject to Federal law and they'll arrest people for having guns even if they know you're covered by the FOPA. They just like to make life miserable, on the assumption that doing so will chase away those who carry guns. (They're right.)

Massachusetts has laws even more strict than NJ but again, the state troopers seem to be with the program. County and local will be very "iffy."

Connecticut also has a FOPA-like provision in its laws, so again the state troopers should be no problem but don't count on the locals to know what the law says.

Technically, if you have a car with a trunk the law doesn't require the locked case. That only applies to a vehicle without a trunk. However, it doesn't hury to play safe, and I like the suggestion to lock the firearms in a tool box rather than a gun case to avoid attracting unwanted attention.

 

[Aguila Blanca]

I'm actually only heading as far as North Central VT, the Covered Bridge Capitol of the Northeast Kingdom (oooooooh, bridges!). I'll be taking 93 to 91 once I pass Boston,

You're going about 200 or 250 miles out of your way, and spending MUCH more time in MA than necessary.

Take I-95 as far as New Haven, CT, where you pick up I-91 north. I-91 takes you straight north along the Connecticut River into Vermont.

 

[tbtrout]

Watch out for NJ, I know a few people that have landed themselves in hot water. Our politicians are petrified of armed southerners with high cap mags.

 

[scurtis_34471]

Your taking the LONG way if you stay on I-95 all the way. Trust me. Its faster to take the New Jersey Turnpike through NJ, get back on I-95 in NY and then take I-91 north to Vermont. We're talking several hours shorter.

 

[h0ss]

Exactly where in vermont are you headed to? Im not sure, but i have also heard about the whole "as long as its legal where you start and end, you're ok" thing. I think going by that, as well as the keeping your guns, mags and ammo locked up and mags empty, thats your safest bet. Im not completely sure, but dont some states (MA comes to mind) require a hand gun to be locked in an approved storage container like a lock box and kept in the trunk as well?

Either way, securing the guns as safe as possible as well as stricly adhering to the speed limit and following everyone elses directions and advice on cutting traveling time down sounds like the best plan. The less time on the road, the less oportunity to get in trouble. If you don't speed and follow all traffic laws, you wont bring attention to yourself, and if you aren't asked, then do not mention anything about weapons. Unfortunately, i've been pulled over alot for speeding mostly, and only a few times was i ever asked about weapons, and when i said "no" (and i was being honest, at the time i didn't have any), they left it at that and never searched me or my car, so they (LEO) aren't always suspecting everyone.

Like someone else said, don't stop in MA if you can help it. Oh and BTW, when you get to Vermont, loaded and concealed pistols are ok, as well as open carry, but dont get too relaxed and forget and keep a loaded rifle in your vehicle, trunk or no trunk. Long guns in vermont need to be unloaded and mags not inserted while driving around. Other than that, load 'em up and enjoy. I believe this law is mainly to keep people from having a readily loaded long gun available to shoot deer from the side of the road. However, if you were to explain to a Vermont trooper or town cop, im sure they would just give you a warning. But don't risk it. Have fun, be safe!

 

[StuckInMA]

Aguila Blanca

The FOPA is Federal law, and it very much DOES supercede state laws. In fact, it says so right in the text of the law.

Here is the actual law:


TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 44--FIREARMS

Sec. 926A. Interstate transportation of firearms

Thanks Aguila. That's the info I was looking for.

 

[VARifleman]

Uh...guys? 95 doesn't go through DC unless for some strange reason you go 395 to 295...95 proper continues around the south east part of 495 around DC.

 

[coyote_jr]

When I travel to certain sections of Western MA I cut through RI and have been told by the RI SP (over the phone) on two occasions that I can't transport a handgun through the state without a RI license regardless of how it's stored. I've even quoted their own state laws and been told I'm interpreting them wrong. Don't know if I just happened to talk to the wrong people on the wrong days or what. I'm going from one part of MA to another so the legal on each end certainly applies.

Whoever told you that is simply ignorant of the law, which is about par for the course here in RI. I have spoken with Providence policeman who had absolutely no idea that the Clinton AWB ever expired. RI is actually a "shall issue" state in terms of CCW, yet people rarely get them because local Police Chiefs don't know they are an issuing authority. So don't believe anything you hear from any of them.

Tell you what, just for fun, find a good lawyer. Get a copy of the transportation law in your wallet. Lock up your whole collection in the trunk of your car. Call the RI SP and tell them what you have in your trunk and at exactly what time you'll be passing through. Dare them to stop you. Have your lawyer on speed dial if they pull you over. If they touch your guns, sue them into oblivion.

I'm only half kidding but seriously the RI police are clueless at best, communist at worst.

 

[wuchak]

Follow the federal guidelines to the T when traveling in non gun friendly states. The Fed rules do trump state and local law in this case. The state and local police can still make things a pain for you and cost you a lot of money so don't give them a reason to stop you and for goodness sake don't tell them you have firearms in your car and don't let them search it without a warrant.

Great information available at: http://handgunlaw.us/

I recommend printing and making a book out of:
US Off-Limits A-M
US Off-Limits N-W
RV/Car Carry

The article they link to down the left hand side called "CATO Institute on CCW" is a great read.

There is also an excellent book, "The Traveler's Guideto the Firearm Laws of the Fifty States", by J. Scott Kappas, Esq for $12.95 at http://www.bloomfieldpress.com/travel.htm