Girlfriend just took CCW Course

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If you have to stop in a state that dosent allow open carry, or concealed carry..lets say you stop in NYC at a hotel. That hotel is considered your "home" for that one day. You are allowed to have your weapon in the room, b/c you feel unsafe leaving it in your car etc...


You can have it in your hotel room/car, whatever, bc you are traveling through that state. Once you pay your fees to rent that room or whatever for the night, its considered yours.



^ That's the basics of it that she learned in her CCW class. That true?

btw, I left the CCW Class location out of this on purpose

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C45P312 wrote:

lets say you stop in NYC at a hotel. That hotel is considered your "home" for that one day. You are allowed to have your weapon in the room, b/c you feel unsafe leaving it in your car etc...

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That would make sense for locations were you are legally allowed to have a pistol in your "home" without further restrictions. However, from what I know, in NY (not even NYC) you need a license to possess a hangun in your home.

Federal §926A. Interstate transportation of firearms, doesn't help you, as you aren't legal to have the handgun in your hotel legally.

So I can't see what would make it legal to have a handgun in your hotel NYC.

Anyone see something I am missing?

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Thank you. Those are exactly my thoughts.

If citizens of NY needs a lisence to even have a firearm in thier own home, how is it possible for someone, who is not a citizen, to legally posses a firearm in thier hotel aka "home" for that single day?

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You have to follow the laws of the state you are in not the state you live or have a permit. When I go to Florida or Texas, if I open carry in a resturant that serves alcohol or go into the bar area, I most likely will have a bucket load of problems.

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C45P312 wrote:

That's the basics of it that she learned in her CCW class. That true?

btw, I left the CCW Class location out of this on purpose

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You may want to discuss this with her CCW class instructor, or with the organization that he has his instructor certification from. If they are not aware of the laws, then they need to get up to speed.

Bonus points to you for seeking clarification of what sounded not quite right. Not too many here on the boards are lawyers (me especially) but we probably know most of what we need to - and aren't afraid to say when you need a real lawyer's help.

stay safe.

skidmark

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sccrref wrote:

if I open carry in a resturant that serves alcohol or go into the bar area, I most likely will have a bucket load of problems.

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if not a CELL full.

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As the OP has been answered I'll throw out a tangental issue to this. In at least some states the OP concept is important not as to possessing the firearm but rather on how it is used.

In some states, MO for example, if you are spending the night in say a hotel room or a tent, that is your temporary abode and therefore all rights to "home defense" apply as to the use of lethal force and not retreating. This is not as big of a deal now since the Castle Doctrine law was enacted, but it still carries weight if charged by an overly ambitious prosecutor. In other states, and I do not recall off the top of my head which ones, just that I have come across the matter, this is an important matter as to your personal defense strategy.

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mkl wrote:

Federal §926A. Interstate transportation of firearms, doesn't help you, as you aren't legal to have the handgun in your hotel legally.

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I thought that did allow for keeping it in a hotel as long as you were only passing through to somewhere else where you are allowed to have it legally. I'm going to go look it up and confirm now.

Edit: Guess I was wrong, don't know where I heard that. Here's the law:

§926A. Interstate transportation of firearmsNotwithstanding 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.