Traveling with Pistol Question

Unloaded, out of easy reach and traveling from and to states whichin lawfully you're entitled to possess the firearm .

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Gunslinger wrote:

Unloaded, out of easy reach and traveling from and to states whichin lawfully you're entitled to possess the firearm .

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Really? That is the rule of law annpounced in 18 USC 926A? I don't think so.

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http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+18USC926A

This is the U.S. Code that is meant to keep you legal while transporting a firearm interstate. I have heard however the Jersey cops will still conficate a weapon if found. Just don't do anything that will get you pulled over and you should be fine.

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Yes, under Federal Law that preempts all state law. Unloaded, out of easy reach and traveling from and to states whichin lawfully you're entitled to possess the firearm . I've traveled thru MA, NY, IL and other anti-gun states with no concern whatsoever. Of course, as soon as I'm in a state my CCW covers, I slam the mag back in! :celebrate

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You're quibbling. "Out of easy reach" or "readily assessable" have similar meanings and I paraphrased the statute, then quoted it in it's entirety. An unloaded weapon, out of easy reach of the driver, would constitute a defense under the common law doctrine of "reasonable man" and lex vulgate. No state prosecutor is going to take a case that will be tossed via a Federal safeguard unless he has a made case beyond a reasonable doubt. Quibbling words, aren't. This isn't a legal forum, and few here are lawyers, although some (like me) may haveJDs.) If you want to be lawyer liability cute, let me add "always seek--and consequently pay for, competent legal advise."

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Gunslinger wrote:

You're quibbling. "Out of easy reach" or "readily assessable" have similar meanings and I paraphrased the statute, then quoted it in it's entirety. An unloaded weapon, out of easy reach of the driver, would constitute a defense under the common law doctrine of "reasonable man" and lex vulgate. No state prosecutor is going to take a case that will be tossed via a Federal safeguard unless he has a made case beyond a reasonable doubt. Quibbling words, aren't. This isn't a legal forum, and few here are lawyers, although some (like me) may haveJDs.) If you want to be lawyer liability cute, let me add "always seek--and consequently pay for, competent legal advise."

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Nowhere does the Code use the term "readily assessable". That would mean you could quickly place an accurate monetary value on the firearm.

It doesn't even use the term "readily accessible"which would indicate that you could get to it easily.

The exact terminology is "directly accessible". This means that it can be accessed from the passenger compartment. It does not mean that you could get to it quickly, it only means that you can actually get to it.

You must have studied law without studying English. Maybe that's the reason why the JD didn't translate into "passed the bar". The actual language used in the law is extremely important as the choice to useone particular word over another can change the meaning of an entire section of the law.

Misreading a section can cause someone to misunderstand the section of the law, and inadvertantly commit a criminal action.

This is why I try not to tell anyone how to comply with the law. I point them to the applicable section of the law and let them read it for themselves. If I were to tell someone how to comply with the law, I wouldn't "paraphrase" it without actually attaching a link to the section of law, and letting them know that anything I tell them is only my opinion, and to read the law for themselves.

You alsostatedyou "paraphrased the statute and then quoted it in it's entirity". You paraphrased it inaccurately in your first post, and then only qouted it in it's entirity after you were called on the inaccuracy of your paraphrasing, so don't try to make it sound like you gave a brief synopsis with attached references.

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Decoligny wrote:

Gunslinger wrote:

You're quibbling. "Out of easy reach" or "readily assessable" have similar meanings and I paraphrased the statute, then quoted it in it's entirety. An unloaded weapon, out of easy reach of the driver, would constitute a defense under the common law doctrine of "reasonable man" and lex vulgate. No state prosecutor is going to take a case that will be tossed via a Federal safeguard unless he has a made case beyond a reasonable doubt. Quibbling words, aren't. This isn't a legal forum, and few here are lawyers, although some (like me) may haveJDs.) If you want to be lawyer liability cute, let me add "always seek--and consequently pay for, competent legal advise."

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Nowhere does the Code use the term "readily assessable". That would mean you could quickly place an accurate monetary value on the firearm.

It doesn't even use the term "readily accessible"which would indicate that you could get to it easily.

The exact terminology is "directly accessible". This means that it can be accessed from the passenger compartment. It does not mean that you could get to it quickly, it only means that you can actually get to it.

You must have studied law without studying English. Maybe that's the reason why the JD didn't translate into "passed the bar". The actual language used in the law is extremely important as the choice to useone particular word over another can change the meaning of an entire section of the law.

Misreading a section can cause someone to misunderstand the section of the law, and inadvertantly commit a criminal action.

This is why I try not to tell anyone how to comply with the law. I point them to the applicable section of the law and let them read it for themselves. If I were to tell someone how to comply with the law, I wouldn't "paraphrase" it without actually attaching a link to the section of law, and letting them know that anything I tell them is only my opinion, and to read the law for themselves.

You alsostatedyou "paraphrased the statute and then quoted it in it's entirity". You paraphrased it inaccurately in your first post, and then only qouted it in it's entirity after you were called on the inaccuracy of your paraphrasing, so don't try to make it sound like you gave a brief synopsis with attached references.

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Maybe you better read it again--or learn how to read in the first place. It CLEARLY uses: "and neither the firearm nor any ammunition being transported is readily accessible " which I clearly posted. But I was too quick to type and did so incorrectly, but not on the cut and paste statute. I guess that was too complicated for you to figure out. What's your excuse? I can spell "entirety"; you can't.

I don't practice law because the USAF doesn't like their Program Managers doing so, not because I haven't passed the bar. But then, that's none of your business, is it?

Your post is nothing more than a personal attack, as you evidently can't spell as well as can't read, it labels you as someone I won't waste my time debating. Figures, you're from kalifornia--a bastion of individual liberties--and various halfwits. Learn to read and spell, and we'll talk again.

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Gunslinger wrote:

Decoligny wrote:

Gunslinger wrote:

You're quibbling. "Out of easy reach" or "readily assessable" have similar meanings and I paraphrased the statute, then quoted it in it's entirety. An unloaded weapon, out of easy reach of the driver, would constitute a defense under the common law doctrine of "reasonable man" and lex vulgate. No state prosecutor is going to take a case that will be tossed via a Federal safeguard unless he has a made case beyond a reasonable doubt. Quibbling words, aren't. This isn't a legal forum, and few here are lawyers, although some (like me) may haveJDs.) If you want to be lawyer liability cute, let me add "always seek--and consequently pay for, competent legal advise."

Click to expand...

Nowhere does the Code use the term "readily assessable". That would mean you could quickly place an accurate monetary value on the firearm.

It doesn't even use the term "readily accessible"which would indicate that you could get to it easily.

The exact terminology is "directly accessible". This means that it can be accessed from the passenger compartment. It does not mean that you could get to it quickly, it only means that you can actually get to it.

You must have studied law without studying English. Maybe that's the reason why the JD didn't translate into "passed the bar". The actual language used in the law is extremely important as the choice to useone particular word over another can change the meaning of an entire section of the law.

Misreading a section can cause someone to misunderstand the section of the law, and inadvertantly commit a criminal action.

This is why I try not to tell anyone how to comply with the law. I point them to the applicable section of the law and let them read it for themselves. If I were to tell someone how to comply with the law, I wouldn't "paraphrase" it without actually attaching a link to the section of law, and letting them know that anything I tell them is only my opinion, and to read the law for themselves.

You alsostatedyou "paraphrased the statute and then quoted it in it's entirity". You paraphrased it inaccurately in your first post, and then only qouted it in it's entirity after you were called on the inaccuracy of your paraphrasing, so don't try to make it sound like you gave a brief synopsis with attached references.

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Maybe you better read it again--or learn how to read in the first place. It CLEARLY uses: "and neither the firearm nor any ammunition being transported is readily accessible " which I clearly posted. But I was too quick to type and did so incorrectly, but not on the cut and paste statute. I guess that was too complicated for you to figure out. What's your excuse? I can spell "entirety"; you can't.

I don't practice law because the USAF doesn't like their Program Managers doing so, not because I haven't passed the bar. But then, that's none of your business, is it?

Your post is nothing more than a personal attack, as you evidently can't spell as well as can't read, it labels you as someone I won't waste my time debating. Figures, you're from kalifornia--a bastion of individual liberties--and various halfwits. Learn to read and spell, and we'll talk again.

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I pointed out specific errors, and how the post was erroneous due to ommision of criticalinformation.

I then point out how his misqouting the statute (readily vs. directly)completely changes the meaning of the statute.

And because of that he labels me the halfwit? Who is on the personal attack now?

I read very well, and I occasionally make minor errors while typing. My minor errors however do not change the total meaning of the sentences that I type.

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You're quibbling. "Out of easy reach" or "readily assessable" have similar meanings and I paraphrased the statute, then quoted it in it's entirety. An unloaded weapon, out of easy reach of the driver, would constitute a defense under the common law doctrine of "reasonable man" and lex vulgate. No state prosecutor is going to take a case that will be tossed via a Federal safeguard unless he has a made case beyond a reasonable doubt. Quibbling words, aren't. This isn't a legal forum, and few here are lawyers, although some (like me) may haveJDs.) If you want to be lawyer liability cute, let me add "always seek--and consequently pay for, competent legal advise."

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I have heard however the Jersey cops will still confiscate a weapon if found. Just don't do anything that will get you pulled over and you should be fine.

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Gunslinger wrote:

You're quibbling. "Out of easy reach" or "readily assessable" have similar meanings and I paraphrased the statute, then quoted it in it's entirety. An unloaded weapon, out of easy reach of the driver, would constitute a defense under the common law doctrine of "reasonable man" and lex vulgate. No state prosecutor is going to take a case that will be tossed via a Federal safeguard unless he has a made case beyond a reasonable doubt. Quibbling words, aren't. This isn't a legal forum, and few here are lawyers, although some (like me) may haveJDs.) If you want to be lawyer liability cute, let me add "always seek--and consequently pay for, competent legal advise."

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Your just wrong - people are convicted all the time for having a handgun "out of easy reach" but inside a vehicle compartment - it violates many states' laws and FOPA is not going to trump that. FOPA is not an out of easy reach standard, and you advising people of such not helpful.

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