Traveling with a sidearm
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Thread: Traveling with a sidearm

  1. #1
    Join Date
    Jul 2009
    Location
    New Mexico
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    Question Traveling with a sidearm

    Ok, I'm planning a trip this summer accross the United States through several states. I do not have my CCW yet and will not before the trip, so I know the sidearm has to be transported. I suspect if it is inside a case, with a trigger lock and no ammo is located in the weapon it can be transported in my vehicle as long as it is not within reach of my person while driving. Am I correct? If not can someone enlighten me as to what the rules are for taking my sidearm with me throughout the US when I do not have a CCW permit or license. I would like to take it back east so my brothers and I can share the experience of my new sidearm.

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  3. #2
    Quote Originally Posted by Desertscorpion1 View Post
    Ok, I'm planning a trip this summer accross the United States through several states. I do not have my CCW yet and will not before the trip, so I know the sidearm has to be transported. I suspect if it is inside a case, with a trigger lock and no ammo is located in the weapon it can be transported in my vehicle as long as it is not within reach of my person while driving. Am I correct? If not can someone enlighten me as to what the rules are for taking my sidearm with me throughout the US when I do not have a CCW permit or license. I would like to take it back east so my brothers and I can share the experience of my new sidearm.
    18 USC 926a:
    US CODE: Title 18,926A. 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 driverís compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

  4. #3

    Check the Laws of the Individual States

    Hi DesertScorpion,

    I would check the laws of the individal states you will be traveling through, you will find some that you can carry in your vehical "Locked and Loaded and Concealed (like Utah)" or "Locked and Loaded and Open or Visiable" and some will be open unloaded no ammo or locked up ammo seperate.

    You really need to look at each state you'll be traveling thru. I would be especailly concerned traveling on the East Coast, there are a number of states that are very restrictive, especially when it comes to handguns.

    Good luck and safe travels.

    Steve

  5. #4
    Join Date
    Mar 2009
    Location
    Close to Reading, PA
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    There is a federal law called the "Firearm Owners Protection Act" which has a bunch of regulations and stuff in it. One of which pertains to your situation.

    The one that concerns you is the "safe passage" provision. This provision basically states that if you are traveling with a firearm, you are legally allowed to pass through ANY state if:

    1) You are legally allowed to posses a gun in the area you started from.
    2) You are legally allowed to posses a gun in the area you are going to end up at.
    3) The gun is unloaded, ammunition separate, and in a locked container away from the driver's compartment.
    4) You do not stop in the "illegal" state for more than the usual trip reasons: gas, food, etc.

    So I, living in Pennsylvania (and legally allowed to posses a gun) could transport my weapon through New Jersey and New York (both illegal to posses for me) if I were going to somewhere like New Hampshire (legal again), provided I follow the regulations above.

    Here's a Wikipedia link for you, but feel free to do your own research on this.

    Firearm Owners Protection Act - Wikipedia, the free encyclopedia

  6. #5
    Quote Originally Posted by rayven View Post
    There is a federal law called the "Firearm Owners Protection Act" which has a bunch of regulations and stuff in it. One of which pertains to your situation.

    The one that concerns you is the "safe passage" provision. This provision basically states that if you are traveling with a firearm, you are legally allowed to pass through ANY state if:

    1) You are legally allowed to posses a gun in the area you started from.
    2) You are legally allowed to posses a gun in the area you are going to end up at.
    3) The gun is unloaded, ammunition separate, and in a locked container away from the driver's compartment.
    4) You do not stop in the "illegal" state for more than the usual trip reasons: gas, food, etc.
    The law requires the ammo to be separated from the occupants of the vehicle, NOT from the firearm(s).

  7. #6
    Join Date
    Mar 2009
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    Close to Reading, PA
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    Quote Originally Posted by NavyLT View Post
    The law requires the ammo to be separated from the occupants of the vehicle, NOT
    from the firearm(s).
    That's actually what I meant. I just wrote a bad sentence.

    In short, travel anywhere and lock your unloaded guns in the truck with the ammo in the truck as well and you aren't violating any laws.

  8. #7
    Quote Originally Posted by rayven View Post
    That's actually what I meant. I just wrote a bad sentence.

    In short, travel anywhere and lock your unloaded guns in the truck with the ammo in the truck as well and you aren't violating any laws.
    Trunk. Not truck. IN the truck might get a person into trouble. In the trunk won't.

  9. #8
    Join Date
    Mar 2009
    Location
    Close to Reading, PA
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    Quote Originally Posted by NavyLT View Post
    Trunk. Not truck. IN the truck might get a person into trouble. In the trunk won't.
    And this is why I shouldn't write things while on Vicodin after surgery!

  10. #9
    markie1949 Guest
    I do not have a Canceled Permit yet. Can I carry a loaded gun in my car close to me for protection from Nevada to Montana for security reasons?

  11. Canceled permits are a problem. You can look here and www.handgunlaws.us for a good start on info regarding transport laws.

    On Edit: I almost never give concrete answers on laws like this because 1) there are many variables 2) I'm not a lawyer 3) you need to understand the law if a LEO calls you on it. Even good cops don't always REALLY know the laws regarding transport. I suggest you read, know, and understand the law before going beyond what'd outlines in the transportation act sited above.

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