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Thread: Transporting thru DC by a no-resident

  1. #11
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    Jul 2011
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    Florida
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    "Safe Passage" provision "Wikipedia"

    One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, in a locked container.

    An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time.





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  3. #12
    Join Date
    Mar 2009
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    Florida
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    358

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    Quote Originally Posted by Robert Proctor View Post
    "Safe Passage" provision "Wikipedia"

    One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, in a locked container.

    An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time.
    18 USC § 926A - Interstate transportation of firearms | LII / Legal Information Institute

    Define extended period of time. That is the catch 22.
    The Only Easy Day Was Yesterday

  4. #13
    Join Date
    Apr 2012
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    I have read reports of people getting nailed for spending the night due to a unscheduled layover in Chicago. The District is not far behind in terms of overzealousness to gun ownership. Best bet is to fly into DCA or IAD and stay in Virginia. I avoid going into the city as much as I can.

  5. #14
    Join Date
    Aug 2009
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    Bethesda, MD
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    169

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    I believe there is case law on the meaning of interstate travel as it relates to 926 (FOPA). I believe the decision was if you do more than an incidental stop (food or restroom) you are no longer traveling THROUGH as mandated in FOPA.

    The case of an unscheduled layover is in Revell vs Port Authority of NY and NJ and the problem was not the layover itself. It was Revell taking possession of his suitcase when he went to a hotel. Leave the suitcase with the airline and you should be legal.

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