fopa law?
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fopa law?

This is a discussion on fopa law? within the Traveling With Handguns forums, part of the Handguns category; I live nc i travel thru several states that accept my permit but 2 states do not and one that ...

  1. #1
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    Default fopa law?

    I live nc i travel thru several states that accept my permit but 2 states do not and one that does i need to ask a question on. new york and maryland do not accpet my permit, but thanks to fopa i can pass thru them. is it ok for me to when i hit state line to unload the pistol put it in a gun safe locked up and put magazine in glove box. Most likley be driving my truck and about to install a safe in the console. also west virgina recongizes my permit but i read if you do not have a wv permit then it must be open in car? is that right? got a travel law book coming but just asking see what yall people can help out with. I really dont want to go with out carrying. last time on this trip i got a flat on I95 in virginia pulled over in not a safe place to change the flat.

  2. #2
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    In NYS just follow fed law and you'll be OK. However, DO NOT go into NYC, EVER! They will arrest you in spite of the fed law just to send a message.
    GOD, GUNS and GUITARS

  3. #3
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    You stated that you would "unload" your gun and put your magazines in the glove box. I want to ask why not leave your magazines locked in the case with the gun. If I did ask that I would be just another smart A, because you need to strip your mag of any ammo for your gun to be considered "unloaded". You cannot have loaded mags..PERIOD!
    It's not where the mags are, it is that they have no ammo in them. Keep the ammo out of the mags and mags out of the gun.
    NRA Life Member

  4. #4
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    thats reason im asking these questions. so mag has to be empty? even if locked up seperate? that sucks.

  5. #5
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    Quote Originally Posted by CapGun View Post
    You stated that you would "unload" your gun and put your magazines in the glove box. I want to ask why not leave your magazines locked in the case with the gun. If I did ask that I would be just another smart A, because you need to strip your mag of any ammo for your gun to be considered "unloaded". You cannot have loaded mags..PERIOD!
    It's not where the mags are, it is that they have no ammo in them. Keep the ammo out of the mags and mags out of the gun.
    Hey Cap. Do you know if the same applies to wheel guns and speed loaders and moon clips? Does one have to strip the ammo out of a speed loader or moon clip?
    To not stand against injustice is to stand for it.
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  6. #6
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    Quote Originally Posted by CapGun View Post
    You stated that you would "unload" your gun and put your magazines in the glove box. I want to ask why not leave your magazines locked in the case with the gun. If I did ask that I would be just another smart A, because you need to strip your mag of any ammo for your gun to be considered "unloaded". You cannot have loaded mags..PERIOD!
    It's not where the mags are, it is that they have no ammo in them. Keep the ammo out of the mags and mags out of the gun.
    Quote Originally Posted by misunderstood View Post
    thats reason im asking these questions. so mag has to be empty? even if locked up seperate? that sucks.
    Quote Originally Posted by walt629 View Post
    Hey Cap. Do you know if the same applies to wheel guns and speed loaders and moon clips? Does one have to strip the ammo out of a speed loader or moon clip?
    CapGun was mistaken. The magazines are NOT required to be unloaded. Read FOPA again:

    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 driverís compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

    FOPA requires that both the unloaded gun and the ammunition be separated from the occupants of the vehicle, it does NOT require magazines to be unloaded for the gun to be unloaded. The only state law that I am aware of that requires magazines to be unloaded to consider the gun unloaded is Ohio, without a recognized permit. Unload the gun, put the gun and magazines in the safe (magazines loaded or not, does not matter) and never consent to a search of the gun safe.

    Any ammo stored in the glove box, in or out of the magazines, will violate the requirements of FOPA, and FOPA will no longer offer any protection against conviction.
    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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