Traveling across country from Va to CA
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Thread: Traveling across country from Va to CA

  1. Traveling across country from Va to CA

    Have a CCP from Va and a non- resident FL ,heading to CA going the southern route any state a should be considered about ?
    Thanks

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  3. #2
    Join Date
    Oct 2013
    Location
    TN
    Posts
    4,253
    You should be concerned about CA! Look up handgunlaw.us and study the laws of the state you travel though.

  4. California especially in a truck driver and carry I'm only worried about cali and new York when I get through there but California police have been given too much power

    Sent from my SAMSUNG-SM-N900A using USA Carry mobile app

  5. Truthfully, If I were traveling from VA to CA, I would turn the *uc* around and pick another destination!

  6. Mark ,Funny but our son lives there and we enjoy visiting. We have a new dog and don't want to fly with him under the plane so we are driving.

  7. #6
    Join Date
    Sep 2010
    Location
    United Socialist Republic of New York
    Posts
    368
    Quote Originally Posted by Jamtrucker View Post
    California especially in a truck driver and carry I'm only worried about cali and new York when I get through there but California police have been given too much power

    Sent from my SAMSUNG-SM-N900A using USA Carry mobile app
    Do not. I repeat, do not, get caught with a handgun in NY without a NY permit. NY PL 400 dictates that a permit from NY is required for any possession of a handgun, and only handguns specifically listed on said permit.

    Yes, you have federal protection traveling through NY from the FOPA, if unloaded etc but, NY has been known to disregard this and make you assert an affirmative defense at trial after arrest and seizure. All this while risking a 2.5 year mandatory prison sentence (3.5 years in NYC).

    The reason for this is that NY defines a loaded firearm as possession of a firearm and any ammunition that can be used in that firearm. Furthermore, it is illegal to possess any loaded firearm outside your domicile without specific exceptions. Given the definition of a loaded firearm in NY, you can see the problem. Not sure how this has withstood court challenges, but it has.

    This is especially true in NYC. Run into a TBTA cop on one of the bridges or tunnels, an eager rookie, or just the wrong guy and you will have a bad day for sure.

    NY had even gone so far as to ignore HR218 (LEOSA) when first enacted and arrested a PA Constable (on official business in NYC) and a military intelligence officer (in a NYC Suburb) in separate incidents. Yes, these were dismissed, but the hassle was there nonetheless.

    To further complicate matters, enforcement varies based on your location within the State. Counterintuitive at best, but true nonetheless. This topic has been discussed elsewhere in these forums ad nauseam so I will leave this discussion to the posts already there.

    My 2 cents is this. Don't risk your freedom on advice from internet chat board lawyers. Make sure you research the statutes yourself from the State websites and keep them with you on paper when traveling. Read them thoroughly. Calling the police department for advice is not sufficient, and, frankly, not advisable.

    Sometimes even having the statutes won't protect you from arrest, but it will be the basis for a good defense if you can show the information was obtained from the State and you made every effort to comply with said information provided.

    Someone here once posted a snippet about another state but it is appropriate to NY. It went something like this...

    If you read the signs carefully when entering the state, you will see in fine print:

    Gun Owners: Welcome to New York. You're under arrest. Enjoy your stay.

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