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Thread: Trans USA transporting of Firearms!

  1. #1
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    Trans USA transporting of Firearms!

    Ok,

    I currently live in NY (originally from VT). I will be moving out of NYS come September, and moving to the free state of Arizona! I will be doing this by car, and having thoroughly researched laws of the states that I will be passing through I have composed a list of when / how I can carry my handgun. I have posted it here in hopes I can have members of this forum look over it and comment as to its accuracy.

    Will be transporting long guns, and handguns (NO NFA firearms / accessories) Will be in cases, and cases will be locked.

    NY: (Locked, Unloaded, Out Of Reach)
    NJ: ((Locke, Unloaded, Out of Reach, NO STOPPING) (I have also read that it is illegal to transport through the state???)
    PA: (Unloaded, Out Of Reach) (Free to Open Carry when NOT in vehicle) (Will NOT be traveling through the City)
    MD: (Locked, Unloaded, Out Of Reach)
    VA: (Just needs to be out of reach) (Free to Open Carry when not in car)
    TN: (Locked, Unloaded, Out of Reach)
    AR: (Locked, Unloaded, Out of Reach)
    OK: (Unloaded, free to keep in glovebox)
    TX: Conceal Carry (Not free to carry outside my car)
    NM: (Consealed in the car, open carry outside of my car)
    AZ: Free to carry in any legal manner I want!!!

    Thanks,
    John

  2. #2
    Campaign Veteran ATM's Avatar
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    FYI, all state level restrictions are preempted by a federal exception for interstate transport of firearms providing you follow the guidelines as set forth in the code.

    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.
    http://www.law.cornell.edu/uscode/text/18/926A

    Some states are more restrictive than others, but not even NJ can jam you up for transporting through their state.

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    Quote Originally Posted by ATM View Post
    FYI, all state level restrictions are preempted by a federal exception for interstate transport of firearms providing you follow the guidelines as set forth in the code.



    http://www.law.cornell.edu/uscode/text/18/926A

    Some states are more restrictive than others, but not even NJ can jam you up for transporting through their state.

    @atm... Thanks! While I know that I'm protected by Federal law, I'm looking to carry (Or have protection as readily available as legally possible).

    john

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    Regular Member Jack House's Avatar
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    Quote Originally Posted by jrmtactical View Post
    TX: Conceal Carry (Not free to carry outside my car)
    The traveling exception should apply to you. If you are just passing through. Feel free to carry however you want, even if you stop for dinner or stay in a hotel.

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    You are free to open carry or have a loaded pistol in a 'secured' container while driving. Secured meaning an enclosed area such as glove box or console with closing lid.

    long guns are different. can't remember the rule on it though.

  6. #6
    Regular Member solus's Avatar
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    one hopes you do not fall under this category since it is only implyed:

    '...any person who is not otherwise prohibited...'

    have a safe sojourn to AZ along the byways of America.

    cynic that i am
    ipse
    Last edited by solus; 06-17-2014 at 05:21 PM.
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    Regular Member Jack House's Avatar
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    Quote Originally Posted by Defrock View Post
    You are free to open carry or have a loaded pistol in a 'secured' container while driving. Secured meaning an enclosed area such as glove box or console with closing lid.

    long guns are different. can't remember the rule on it though.
    What state ate you talking about?

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by ATM View Post
    FYI, all state level restrictions are preempted by a federal exception for interstate transport of firearms providing you follow the guidelines as set forth in the code.



    http://www.law.cornell.edu/uscode/text/18/926A

    Some states are more restrictive than others, but not even NJ can jam you up for transporting through their state.
    Disclosure: the federal law protects you from federal prosecution. States like New Jersey may very well "jam you up" until your appeals process gets that far. Be very careful, and keep your mouth shut no matter how legal you think you are when travelling through states like New Jersey.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  9. #9
    Campaign Veteran ATM's Avatar
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    Quote Originally Posted by MAC702 View Post
    Disclosure: the federal law protects you from federal prosecution. States like New Jersey may very well "jam you up" until your appeals process gets that far. Be very careful, and keep your mouth shut no matter how legal you think you are when travelling through states like New Jersey.
    Not exactly, since there would be no grounds for federal prosecution to exempt you from. What it does is exempt you from intrastate restrictions while transporting interstate, effectively nullifying any individual state transport ban between the journey's origin and destination.

    Sure, they could unlawfully detain you, just as any city or county officer could violate a state-level preemption and decide to detain you for a void local ordinance, but by either example, you'd have a good case for a nice settlement after the bogus charges were dismissed.

  10. #10
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    I am happy to see another Citizen leaving the "oppressed" areas and moving to Freedom areas. Good on you Mate, enjoy Arizona.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

  11. #11
    Regular Member acmariner99's Avatar
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    A few pointers:

    1) May I recommend getting a non-resident permit from a state like New Hampshire or Utah - that way if you want to carry once you get out of the oppressive states of america you can do so and you won't be continually loading & unloading (like PA or TX) (check reciprocity at handgunlaw.us, but Utah gives you more leeway).
    2) NM considers a vehicle to be "extended domain" so you can carry in a vehicle however you want. Be very careful where you stop in NM as they are paranoid about guns and alcohol. You cannot carry openly in any establishment that sells alcohol regardless whether it is consumed on site or not.
    3) I think you can carry in Arkansas since they changed their law recently to deregulate carry when you are on a "journey." Check their statutes.
    4) If you can still prove you are a resident of VT you have unrestricted carry in Oklahoma as well.
    5) If you weren't aware, AZ has a big caveat when carrying in a restaurant that serves alcohol for consumption on site. You need to have a license, carry concealed, not drink alcohol, and there cannot be signage posted.
    6) I'd also recommend avoiding NJ and/or MD if you can - my hunch is you are on Long Island or close to the "Tri-State" area and therefore cannot, but still.

    Safe travels! I lived in AZ for a few years and absolutely loved it. Check out the Arizona Citizens Defense League when you get there.
    Last edited by acmariner99; 06-18-2014 at 02:34 PM.

  12. #12
    Regular Member Jack House's Avatar
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    Quote Originally Posted by acmariner99 View Post
    you won't be continually loading & unloading (like PA or TX)
    He doesn't need to to unload in Texas and he can carry without a permit anyway as he will be traveling.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Jack House View Post
    He doesn't need to to unload in Texas and he can carry without a permit anyway as he will be traveling.
    If one avails himself of the "travelling" exemption to Texas' anti-carry laws, how often will he have to explain himself to a police officer?
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  14. #14
    Regular Member Jack House's Avatar
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    Quote Originally Posted by MAC702 View Post
    If one avails himself of the "travelling" exemption to Texas' anti-carry laws, how often will he have to explain himself to a police officer?
    Probably as often as any other state on the average. Some other members have used the traveling exemption with no incident.

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    Regular Member SouthernBoy's Avatar
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    Quote Originally Posted by Jack House View Post
    What state ate you talking about?

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    He was talking about Virginia (see his profile info).

    In Virginia he can carry open pretty much anywhere and that includes in his car. He can go into a restaurant that serves alcohol for consumption on the premises while OC'ing, banks, stores, filling stations.... pretty much anywhere unless posted otherwise.
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    Thanks

    Thanks for all the input. @acmariner99, Reading further, I just realized how restrictive NJ really is so while I do live in the Tri-State Metro Area, I guess I'm gonna have to change my route to avoid NJ at all costs.

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    Regular Member HeroHog's Avatar
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    Detour through Louisiana and I will buy ya lunch/dinner here in Shreveport! You can carry any way you want except concealed on your person in your car in LA and Open Carry is legal. After Aug.1 you can conceal carry (with a permit) in restaurants that serve alcohol here as well!
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    Quote Originally Posted by ATM View Post
    Not exactly, since there would be no grounds for federal prosecution to exempt you from. What it does is exempt you from intrastate restrictions while transporting interstate, effectively nullifying any individual state transport ban between the journey's origin and destination.

    Sure, they could unlawfully detain you, just as any city or county officer could violate a state-level preemption and decide to detain you for a void local ordinance, but by either example, you'd have a good case for a nice settlement after the bogus charges were dismissed.

    The federal Interstate transport law (18 USC 926A) is an affirmative defense (as opposed to a preemption law) to state/local charges and will only prevent a conviction if the individual can prove he has complied with the requirements, namely:

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

    Any arrests for violatios of state/local laws could completely justified and have been ruled so in the past.

    See Torraco v. PORT AUTHORITY OF NY. AND NJ., 615 F. 3d 129 - Court of Appeals, 2nd Circuit 2010

    Where the court basically said the verification of a individual's legal possession was too complex for a LEO to determine and it must be left to the courts to decide.

    So it's best to keep your mouth shut and refuse any requests to search.
    Last edited by notalawyer; 06-21-2014 at 10:15 AM.

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    Regular Member acmariner99's Avatar
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    I have put a link to a document I have written summarizing carry laws across the country - bear in mind I am not a lawyer and this doc is not the final authority on gun laws. It is only intended to be a high level translation of legalese - you are free to download and re-distribute at your leisure. I would, however appreciate notes and feedback, particularly with respect to the southeastern states as I am less familiar with their laws and legal language.

    https://drive.google.com/file/d/0B2W...it?usp=sharing
    Last edited by acmariner99; 06-21-2014 at 12:48 PM.

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    Regular Member Maverick9's Avatar
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    Why not disassemble your firearm(s) and ship them to yourself in two shipments. Upper in one, lowers in the other. On the road carry a couple less lethal options and drive carefully and don't stop in dangerous places. Lock your car doors, get a door knob jam attachment for your hotel. Carry an airhorn, pepper spray, tac light and a cane in the car.


    I think the chance of needing a firearm for this one time journey is going to be almost zero. Spend your money on upscale accommodations than on lawyers.

    I know it's difficult when you're used to carrying all the time (if so) to disarm.

    Heck how about getting something like a short sword and a small crossbow and pack it with SCA fliers?

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    Quote Originally Posted by Maverick9 View Post
    Why not disassemble your firearm(s) and ship them to yourself in two shipments. Upper in one, lowers in the other. On the road carry a couple less lethal options and drive carefully and don't stop in dangerous places. Lock your car doors, get a door knob jam attachment for your hotel. Carry an airhorn, pepper spray, tac light and a cane in the car.


    I think the chance of needing a firearm for this one time journey is going to be almost zero. Spend your money on upscale accommodations than on lawyers.

    I know it's difficult when you're used to carrying all the time (if so) to disarm.

    Heck how about getting something like a short sword and a small crossbow and pack it with SCA fliers?
    Click image for larger version. 

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    I think the chance of needing a firearm for this one time journey is going to be almost zero.
    Could you loan us your crystal ball?


    Why not disassemble your firearm(s) and ship them to yourself in two shipments. Upper in one, lowers in the other.
    Why? What purpose would that serve?
    Last edited by notalawyer; 06-21-2014 at 07:46 PM.

  22. #22
    Regular Member Jack House's Avatar
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    Quote Originally Posted by Maverick9 View Post
    I think the chance of needing a firearm for this one time journey is going to be almost zero. Spend your money on upscale accommodations than on lawyers.
    That's going to be the one time you need your gun, trust me I know from experience.

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