Transporting a handgun to Utah
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Transporting a handgun to Utah

This is a discussion on Transporting a handgun to Utah within the General Firearm Discussion forums, part of the Main Category category; I am traveling from Texas to Utah - going through TX, NM, CO and into UT. I have not received ...

  1. #1
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    Default Transporting a handgun to Utah

    I am traveling from Texas to Utah - going through TX, NM, CO and into UT. I have not received my CHL from TX DPS yet - my question is - is it legal to transport through NM, CO and UT on my way to my new 10 month residence?

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    No problem in Colorado carrying a handgun in a vehicle anyway you please, on your person concealed or open, loaded or unloaded including one in the chamber if you want. Once you exit your vehicle it must be carried openly unless you have a Colorado recognized CHP. In other words anyone can OC, only CO recognized concealed permits can conceal but your vehicle is your castle. That said you cannot carry a loaded long gun in your vehicle.

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    Hi safetymancsp,

    Google FOPA, here's an excerpt.

    A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.

    Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.
    Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest. The U.S. Court of Appeals for the Third Circuit has also recently held that FOPA’s protections only apply while the firearm is not readily accessible to the traveler, and that a firearm is readily accessible during a hotel stay.

    While this decision is only binding in New Jersey, Pennsylvania, Delaware and the U.S. Virgin Islands, all travelers in areas with restrictive laws would be well advised to have copies of any applicable firearm licenses or permits, as well as copies or printouts from the relevant jurisdictions’ official publications or websites documenting pertinent provisions of law (including FOPA itself) or reciprocity information. In the event of an unexpected or extended delay, travelers should make every effort not to handle any luggage containing firearms unnecessarily and to secure it in a location where they do not have ready access to it

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    Quote Originally Posted by wmodavis View Post
    No problem in Colorado carrying a handgun in a vehicle anyway you please, on your person concealed or open, loaded or unloaded including one in the chamber if you want. Once you exit your vehicle it must be carried openly unless you have a Colorado recognized CHP. In other words anyone can OC, only CO recognized concealed permits can conceal but your vehicle is your castle. That said you cannot carry a loaded long gun in your vehicle.
    Except in Denver County where he can continue to carry inside his vehicle, but no carry allowed outside the vehicle.

    safetymancsp,
    If you are just looking to transport a gun, the simple way is unloaded with the gun and ammo in the trunk of the vehicle. If the vehicle does not have a trunk, unloaded and gun and ammo in a locked case. Magazines are not required to be unloaded, only the gun, both the gun and the ammo must be separated from the occupants of the vehicle. That will comply with all transportation laws. If you choose to open carry without a permit, anytime you are within 1000' of school premises with a loaded gun you will be in violation of Federal law.
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

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