Transporting thru DC by a no-resident
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Thread: Transporting thru DC by a no-resident

  1. Transporting thru DC by a no-resident

    I will be traveling thru that part of the country and was wondering what the laws are reguarding driving thru the are with handguns?

  2.   
  3. #2
    Join Date
    Sep 2009
    Location
    Lowcountry, SC
    Posts
    457
    You ARE covered by FOPA, and if arrested while actually following FOPA you will not be convicted. However, if you make one slip, you will be prosecuted to the full extent of the law.

    If you are driving, drive straight through (course of normal travel). If you are flying, you could get into trouble. For example, if you are making a connection and get laid over in DC, and they give you your luggage (with gun case inside) back(!!!), you are then in illegal posession of a firearm. Case law will eventually make this legal, but for now, at least two courts have upheld convictions.

    Best advice is of course to avoid any city that will arrest you if possible. There is no reason to go through DC, as it is faster to go around. If you HAVE to go through DC, you must be doing business there. In that case, you are obligated to follow their laws. So, before you get there, mail your firearm to yourself at a legal destination.

  4. #3
    Join Date
    Feb 2010
    Location
    Santa Fe Area, New Mexico
    Posts
    3,487
    Damm, thought someone was going to suggest a drive-by!
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  5. #4
    technically....as long as you stay on the interstate going around the District...Capital Beltway....you are not actually going "into" the District. Stick to the roads, beware of the....oh wait. Stay on the highway and dont' visit the sites...

  6. #5

    DC Info

    DCA - Reagan is in Virginia, not DC. Best way to deal with DC is to go from VA to MD, staying west of the Potomac, on I-495.

    As long as you are in VA, you will have no problems - open carry without a permit is legal. There is a short streach of the George Washington Parkway near the Pentagon on the Virginia side of the Potomac that is technically in DC. Stay off the GW in that area, and you are good to go.

    MD has some goofy laws and no receprocity, but if you are just traveling through, the Federal Law seems to work.

    This may all be mute soon - between the Palmer case and the GOP taking over the House, DC may suddenly become like Alaska or Pennsylvania.

    Check the Virginia Citizens Defense League, Inc. (VCDL) and Maryland Shooters web sites for more info.
    Orlando, FL

  7. #6
    Join Date
    Aug 2009
    Location
    Montgomery County, MD
    Posts
    223
    I live 2 miles outside DC. You are protected by FOPA while on travel through DC and the 3rd Circuit Court of Appeals held recently that FOPA protection applies if you stay overnight but don't have "access" to the weapon. Leave locked in the trunk or locked container. The only problem is DC is in the 4th Circuit and other circuit rulings are not binding on other circuits.

    My advice is to avoid DC if you can. VA laws are much more gun friendly. Legal OC. If you must stay in DC do not remove the weapon from the trunk or locked container. You may ultimately win a legal battle over this but is the hassle worth it?

  8. #7
    Quote Originally Posted by Swinokur View Post
    My advice is to avoid DC if you can.
    And that advice can be applied to areas other than just gunownership. Avoid DC!!! Any city the re-elects a crack adict to the mayor's office after he was caught on video by the DEA is just plain stupid.

  9. #8
    Join Date
    Aug 2009
    Location
    Montgomery County, MD
    Posts
    223
    And the crack addict's son pleaded guilty to drug possession today in DC

    Great example Dad.

  10. #9
    Quote Originally Posted by Swinokur View Post
    And the crack addict's son pleaded guilty to drug possession today in DC

    Great example Dad.
    Thanks for that tidbit. I guess that could be expected. Like father, like son.

  11. #10
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
    Posts
    3,004
    Tell me again why in the hell I would want to travel to Washington DC????????

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