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Thread: Road Tripping and Open Carry W/O CC Permit

  1. #1
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    Road Tripping and Open Carry W/O CC Permit

    Hey new member here guys.

    I'll start my introducing myself. My name is Zack and I'm a U.S Marine stationed at Camp Pendleton. I will PCS to Lejeune in about a month and will be road tripping with my best friend while on leave to Michigan. I'll finally be getting my CC licence in MI while home (wasn't able to do it right before I deployed.)

    Now my question is the states I will be traveling in can I have my handgun in plain sight open carry? I will be traveling through Nevada, Arizona, Colorado, Kansas, Iowa, Illinois, and Indiana. From my research I'm pretty sure I can in Nevada, Arizona, Colorado (with the exception of Denver), and Kansas. I'm not entirely sure about Iowa, Illinois, and Indiana. The car is mine and I do NOT currently have a CC permit.

    Thanks in Advance Guys/Girls!

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    See maps and drop downs for each state:
    http://www.opencarry.org/

    Then read and understand Firearms Owners Protection Act:
    http://www.secondcalldefense.org/sel...ur-gun-legally

    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), provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, the firearms are located in a locked container.
    Under this provision, 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 the individual did not stop in New Jersey or New York for an extended period of time.

    See 18 USC § 926A http://www.law.cornell.edu/uscode/text/18/926A
    Last edited by Grapeshot; 04-01-2015 at 03:47 AM.
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  3. #3
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Grapeshot View Post
    See maps and drop downs for each state:
    http://www.opencarry.org/

    Then read and understand Firearms Owners Protection Act:
    http://www.secondcalldefense.org/sel...ur-gun-legally

    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), provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, the firearms are located in a locked container.
    Under this provision, 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 the individual did not stop in New Jersey or New York for an extended period of time.

    See 18 USC § 926A http://www.law.cornell.edu/uscode/text/18/926A
    Grape -

    I think what you wer trying to say is that a person travelling in compliance with FOPA should not be prosecuted for violating a less-permissive state's laws. Sadly, we know that in fact folks in complete compliance with FOPA have been arrested, charged, prosecuted, convicted and incarcerated of what FOPA says. Although things are getting "better" in NJ - they seem to be willing to reduce the charge to a misdemeanor and let you go after you pay a whopping big fine.

    Marine0311Style -

    Grape left out a few details in his explanation of what FOPA covers. For instance you are still covered if you make an overnight stop - but there are details that must be attended to. Stopping at a place close off the interstate for a meal and then going to a motel for the might is covered, but going to a motel and then out for a meal might not be. "Detouring" to visit your granny or see the tourist attractions is not an incidental stop and ends your FOPA coverage.

    Your trip, as described, as two components - from Pendleton to MI. Then from MI to LeJune. It's a technicality but helps understand how FOPA looks at a "Journey".

    In closing, a frienfly reminder - lose the sunglasses you were issued at graduation in San Diego before you get to LeJune. And do not tell stories about wistfully staring through the fence at Lindbergh Field. Or the first time you went out of liberty bounds to Tiajuana (everybody knows how cleaned up a tourist trap it has become).

    And lastly - welcome to OCDO.

    stay safe.

    skidmark
    (once a Marine, no longer a Marine) (It's a long sordid story that does not involve any bad time or less-than-honorable discharge. PM me if you want to know.)
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  4. #4
    Regular Member solus's Avatar
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    Quote Originally Posted by Marine0311Style View Post
    Hey new member here guys.
    snip..
    Thanks in Advance Guys/Girls!
    welcome zack...thanks for your service to the citizens of this country...

    now having accomplished your journey not once but four times in the last nine months (damn you MAC for pointing out that philosophy!!) while I don't doubt the feds regulatory guidance, I do not wish to discuss the merits of finer points with johnny law on the side of the road nor some hillbilly judicial savant because they have difficulty understanding what the feds have said. therefore, my personal activities for vehicle travel:

    1. I keep firearm in holster with a lock box (white firesafe type from WW) open next to me or reachable in the backseat, and if stopped, gently place firearm in box and shut the lid which automatically locks. then with hands on the steering wheel after gathering DL, Ins, Reg, smile at the nice LE with the mantra 'can I help you officer?' btw, the box's key is kept hidden in the trunk!!

    2. I stop at the last rest area in MO or TN or IN and put firearm in lock box and place it in the trunk for its safe journey through IL. upon leaving IL, I stop at the first rest area in the new state and re-arm myself ~ see above!

    I have not encountered any upset citizens during my carrying stints out side the vehicle but ensuring I stopped at major truckstops such as Love's, etc., I did not open carry in CA or IL what so ever!

    someone from the buckeye state should be along to provide insight about concepts of xporting a firearm in a vehicle w/o a permit!!

    safe sojourn Marine!!

    ipse

    btw pm sent
    Last edited by solus; 04-01-2015 at 01:04 PM.
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  5. #5
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Grapeshot View Post
    See maps and drop downs for each state:
    http://www.opencarry.org/
    Except the few states I am an expert in have several mistakes, and I can't recommend anyone trust those pages. We've been trying for over a year to have the Nevada page fixed.

    Then read and understand Firearms Owners Protection Act:
    http://www.secondcalldefense.org/sel...ur-gun-legally
    FOPA, honestly, almost isn't worth advising. Having the gun is either not a problem in a free state, or FOPA won't protect you from a REALLY BAD DAY in the not-free states.

    OP, I can assure you that you are good to go in Nevada and Arizona. If you don't get a local expert to chime in on the other states, just start a thread in that's state's section and get it directly from local experts. Do not rely on information on the state info pages.
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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by solus View Post
    ... I stop at the last rest area in MO or TN or IN and put firearm in lock box and place it in the trunk for its safe journey through IL. upon leaving IL, I stop at the first rest area in the new state and re-arm myself...
    A couple years ago I was on one of those cross-country trips and actually intended to drive around IL. Well, I wound up headed west too soon, thinking the highway was going to stay mostly south. Next thing I knew I was south of Chicago, and in the hood. I just kept driving.

    Turns out, it was shortly after IL passed a law that gave visitors the "privilege" of their arms in their vehicle if they had a carry permit from their home state. So I was legal after all.
    "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

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    Quote Originally Posted by MAC702 View Post
    A couple years ago I was on one of those cross-country trips and actually intended to drive around IL. Well, I wound up headed west too soon, thinking the highway was going to stay mostly south. Next thing I knew I was south of Chicago, and in the hood. I just kept driving.

    Turns out, it was shortly after IL passed a law that gave visitors the "privilege" of their arms in their vehicle if they had a carry permit from their home state. So I was legal after all.

    Just don't get out while armed to pump gas or walk about. No three foot rule like in NM. I hate Illinois with a passion. When I take my Mom to Indiana we gas and eat in WI or IN and the only thing we pay for in Illinois is the tolls, and that just about sends me over the edge. No way to avoid them without going 300 miles out of your way or battling about 3000 stop lights. Once a year is twice too many!
    Last edited by Wstar425; 04-01-2015 at 04:36 PM.

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    Campaign Veteran ATM's Avatar
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    Here's the scoop on Indiana:

    Unfortunately, unlicensed handgun carry (whether open or concealed) is generally prohibited in Indiana.

    For non-residents, Indiana will recognize any other state's issued license/permit to carry. Lacking one, you must adhere to the excepted provisions: unloaded, not readily accessible, and secured in a case to transport a handgun in your vehicle in or through this state.

    https://iga.in.gov/legislative/laws/.../chapters/002/

    The good news is, long arm carry and transport are generally unrestricted in Indiana. So, if you have a rifle or shotgun, feel free to carry them on your person or keep them readily available in your vehicle during this leg of your journey when your handgun must be kept securely stowed.

    It's nonsense, I know.

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    Quote Originally Posted by Marine0311Style View Post
    Hey new member here guys.

    I'll start my introducing myself. My name is Zack and I'm a U.S Marine stationed at Camp Pendleton. I will PCS to Lejeune in about a month and will be road tripping with my best friend while on leave to Michigan. I'll finally be getting my CC licence in MI while home (wasn't able to do it right before I deployed.)

    Now my question is the states I will be traveling in can I have my handgun in plain sight open carry? I will be traveling through Nevada, Arizona, Colorado, Kansas, Iowa, Illinois, and Indiana. From my research I'm pretty sure I can in Nevada, Arizona, Colorado (with the exception of Denver), and Kansas. I'm not entirely sure about Iowa, Illinois, and Indiana. The car is mine and I do NOT currently have a CC permit.
    I will answer on Colorado specifically. You can open carry here, with few exceptions. The largest is the city and county of Denver. No open carry in that area at all. Concealed only with a permit issued from your state of residency.

    Driving through Denver, however, is fine. I just suggest that if you stop in Denver for any reason other than a red light/stop sign, then lock up the gun in the car for the duration of your time outside the vehicle.

  10. #10
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    Thinking of the route you plan to take.

    Semper Fi, Zach. "Not as Lean, but ALWAYS a Marine" Good luck with your transfer. They can be hard to handle, especially if you've gotten really settled where you have been. But that's the life of a Marine.

    I've been an over-the-road truck driver for 15 years now since I got off active duty and I can see the map in my head of the trip you plan to take from SoCal to MI. You listed many of the states you'll be travelling through. Assuming you plan to go the fastest route, minimal backroads, you'll be taking mostly interstate highways, yes? Thinking you'll need to add Utah, and Missouri to your list. As you stated you plan going through Nevada, you shouldn't have a problem. Not sure of the rest as I can't carry while at work. Check all the individual state regs before doing much more. I recommend being ready to secure your weapon at a moment's notice in ANY area that is even questionable. There are places that are a definite Good-to-Go OC, but be ready for the places that aren't. And be certain you're following the Don't-even-think-about-carrying-a-firearm-here rules when you're in an area that it's restricted. No sense having to call your new command before you even start heading to Lejuene.

    Safe travels. Oohrah brother.

    USMC '94-'98

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