Traveling with Handgun

[autovonride]

Is it Legal to drive from state to state with a handgun in the car?
Does anyone know the laws if I want to drive from Montana to Wisconsin with a handgun?

 

[TAB]

google FOPA, then google all the firearms laws in the states your traveling thru.

 

[autovonride]

Thanks

 

[RONSTAR]

I traveled with a handgun and ammunition the other week for the first time. I was really nervous about it at first but it went just as smooth as any other flight Ive been on.

 

[Solo Flyer]

Is it Legal to drive from state to state with a handgun in the car?
Does anyone know the laws if I want to drive from Montana to Wisconsin with a handgun?

Here's the FOPA reg.


USC 926 - Sec. 926A. Interstate transportation of firearms
18 USC - U.S. Code - Title 18: Crimes and Criminal Procedure (January 2004)


Permanent Link: http://vlex.com/vid/19190852
Text:
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.

Montana:loaded firearms can be carried in plain view,console box,glove box or comm. gun case.
North Dakota handguns unloaded.A unloaded handgun may be carried openly in a belt holster during daytime hours or hidden from view during all hours if secured in a gun case or closed trunk.Isn't that interesting?
Minnesota:handguns securely cased and unloaded
Wisconsin:all weapons unloaded and cased.

All of the above assumes a traveler with no concealed carry permit.
Happy trails.

 

[RONSTAR]

oops disregard my post I thought for some reason you were talking about flying with a firearm

 

[autovonride]

My interpretation sounds like the handgun in a locked case with the ammo being in a separate locked case away from the reach of a driver or passenger.

WOuld it be safe to say that I can not just have it packed in a duffel bag in the holster in the back of the wagon? With the ammo in a separate duffel?

 

[Solo Flyer]

WOuld it be safe to say that I can not just have it packed in a duffel bag in the holster in the back of the wagon? With the ammo in a separate duffel?

No, autovonride,read my explicit post
Why be defenseless in states that allow you access?Please read that and try not to be a victim.

 

[autovonride]

South Dakota

Gotcha. What about South Dakota?
Thanks for the info

 

[Aguila Blanca]

Gotcha. What about South Dakota?
Thanks for the info

What about South Dakota?

You're going to be transporting a firearm interstate under the provisions of a Federal law. You are probably best sticking to that.

South Dakota statutes:

22-14-9. Carrying pistol or revolver without a permit--Misdemeanor. Any person, other than a law enforcement officer acting under color of authority, who:
(1) Carries a pistol or revolver, loaded or unloaded, concealed on or about his or her person without a permit as provided in chapter 23-7; or
(2) Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle while operating the vehicle, without a permit as provided in chapter 23-7;
is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 21.0105; SDCL, § 23-7-5; SL 1976, ch 158, § 14-6; SL 1977, ch 189, § 29; SL 1985, ch 190, § 20; SL 2005, ch 120, § 247.

No personal or vehicle carry without a permit.

 

[Solo Flyer]

South Dakota:handguns may be loaded and carried in plain view or unloaded and carried in the trunk or other closed compartment.A recent opinion from the Attorney General states that a permit is not rquired to carry a loaded handgun in a vehicle"if any part of the firearm is capable of being seen".
Handguns can be hidden from view if they are unloaded and secured in the trunk or other closed compartment.That would include glove box or console box.
.
Loaded rifles and shotguns may be in the passenger area or trunk.

Have a safe trip!

Aquila Blanca,I was typing while you were posting.Obviously one of us is wrong.
My info comes from firearms attorney J.Scott Kappas' Travelers Guide to the 50 states,2007
I hope Kappa's is right.It makes travelers lives in SD a lot easier.

http://www.handgunlaw.us

South Dakota Must be in plain view.
22-14-9 Carrying pistol or revolver without a permit as misdemeanor.
Any person, other than a law enforcement officer when acting as such, is guilty of a Class 1
misdemeanor if he:
2) Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle operated by him,
without a permit as provided in chapter § 23-7.
The Attorney General gave an Unofficial Opinion on Car Carry on September 17, 2004. The
Attorney General Stated that South Dakota Law allowed anyone to carry a loaded Firearm inside
vehicle without a permit as long as the firearm was visible. You can read the Attorney Generals
Opinion at: http://www.sdsos.gov/adminservices/adminpdfs/scan.pdf

 

[NavyLCDR]

My interpretation sounds like the handgun in a locked case with the ammo being in a separate locked case away from the reach of a driver or passenger.

WOuld it be safe to say that I can not just have it packed in a duffel bag in the holster in the back of the wagon? With the ammo in a separate duffel?

1. The ammo does not have to be seperated from the gun. They can both be in the same container. You can have loaded magazines with the gun. You just cannot have any ammo IN the gun.

2. If the gun/ammo are in an outer locked compartment of the vehicle, such as a trunk, the gun/ammo does not have to be in any case or locked in any way. It can be loose in the trunk, in a range bag, duffle bag, paper grocery sack, it doesn't matter. Many people will say to put the gun in the trunk and carry the ammo in the glovebox - this is illegal, if you are choosing to travel IAW with FOPA (it might be legal in the individual states).

3. If the gun/ammo are in the passenger compartment, they must be in a locked case, but, again, can be in the same case.

I tend to interpret (me personally, I am not a lawyer) that vehicles such as my Mazda3 hatchback which as a removable divider that goes from the top of the rear seats all the way to the back of the hatch as having a trunk as long as the gun/ammo are in that seperated compartment created by that divider. I think if there is just an open space behind the rear seats, that would be considered part of the passenger compartment.

This is according to FOPA, you can transport interstate according to FOPA or you can transport according to each state's law as you are in each state.

 

[CountGlockula]

http://www.truckvault.com/Support/Info/Transport/State.asp

 

[Jadecristal]

Wisconsin

Wisconsin has no registration/license requirements for the regular (non-NFA) stuff, and as long as you're not disqualified for some reason under the federal rules, you can legally possess a handgun in the state. There is no CCW here, but no rules *against* open carry; however, you may find that depending on which locality you find yourself in, some there don't take so well to open carry, and "interaction" with the authorities may follow.

IANAL; consult one if you're worried.

 

[Aguila Blanca]

Solo Flyer -

The section I cited was copied directly off the State of South Dakota's legislative branch web site. I don't know how Attorney Kappas can construe it any differently from what it says. Keep in mind that he is citing an AG opinion regarding visible carry in an automobile. The statute addresses concealed carry/transport. I suppose if you keep your handgun on the passenger seat next to you or on the dashboard, you're covered. It sounds to me (remember, IANAL) that glove box or console carry would not be legal.

In case of doubt, I sort of suspect that an arresting officer would be more likely to rely on the actual statute than on Mr. Kappas' book.

 

[Solo Flyer]

In case of doubt, I sort of suspect that an arresting officer would be more likely to rely on the actual statute than on Mr. Kappas' book.

You could well be correct.
I certainly would want a copy of the SD AG's opinion rubber banded to my carry piece!And glove box or console carry does not seem to be legal ,loaded or unloaded.Perhaps Kappas was loaded when he wrote this chapter.Only open loaded if the AG's opinion holds ,4 years after his letter ,seems to suffice.
All in all I'd go with the Statutes and your opinion and use FOPA in SD with no permit
As the cliche goes, why be a test case?Best yet though ,get that permit if I'm the OP.
Peace.