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Thread: Traveling across state lines while OC...

  1. #1
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    ok, check out this link:
    http://www.nraila.org/federalfirearms.htm#Sec.%20926A

    I frequently travel across state lines. Does this law make it illegal to OC in the car when crossing the border?

    OR
    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof...
    does that mean that if the state laws address OC in a car, then I can OC in a manner compatible with state law?

    Thanks in advance. I hope you all can understand the question I am asking.

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    Regular Member Decoligny's Avatar
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    neddis wrote:
    ok, check out this link:
    http://www.nraila.org/federalfirearms.htm#Sec.%20926A

    I frequently travel across state lines. Does this law make it illegal to OC in the car when crossing the border?

    OR
    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof...
    does that mean that if the state laws address OC in a car, then I can OC in a manner compatible with state law?

    Thanks in advance. I hope you all can understand the question I am asking.
    Here is an excerpt from the California Open Carry Pamphlet which addresses the Federal Law. It is an exemption law only, it means that if you carry it locked up like they say, then you are exempt from prosecution state and local firearms transport laws.

    If you are Open Carrying in your car in a state that legally allows it, and you drive into another state that legally allows Open Carry in your car, then you have not broken any Federal Laws at all.
    -------------------------------------------------------------------------
    from: http://opencarry.mywowbb.com/forum12/8457.html

    A commonly misapplied law is U.S.C. 18.1.44.926. Many LEOs wrongly see this as a requirement, as the only way to legally carry a firearm in a vehicle. This is an entitlement clause providing an exemption from prosecution under State, County, or Local firearms laws IF you CHOOSE TO[/b] carry in accordance with this section while traveling interstate.[/b] If you choose not to carry as explained in this section, you can only be prosecuted if you violate specific State, County, or Local laws.[/b]
    [/b]
    U.S.[/b] CODE Title 18, Part 1, Chap 44[/b]

    §926A.[/i][/b] Interstate[/i][/b] transportation of firearms.

    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[/b] 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.

  3. #3
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    AWESOME. Thank you.

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    But if you come to MI. you MUST have a permit to carry concealed to have a handgun in a vehicle. You can not even posses one without a permit *from your home state*.

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    Well, Leader, I think that what that federal law says is that you CAN transport a firearm through Michigan if you follow the procedure in that law. I Am Not A Lawyer, but it seems pretty clear to me.

    As for my permit to carry a firearm from my home state, can I just bring along a copy of Article 1 Section 27 of the Oregon State Constitution?
    Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]
    Or would my CHL do the trick?

    ...How nice it would be to have the federal government blow away all state, county, and city firearms restrictions... I can dream, can't I?...
    ...Orygunner...

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    Orygunner wrote:
    Well, Leader, I think that what that federal law says is that you CAN transport a firearm through Michigan if you follow the procedure in that law. I Am Not A Lawyer, but it seems pretty clear to me.

    As for my permit to carry a firearm from my home state, can I just bring along a copy of Article 1 Section 27 of the Oregon State Constitution?
    Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]
    Or would my CHL do the trick?

    ...How nice it would be to have the federal government blow away all state, county, and city firearms restrictions... I can dream, can't I?...
    ...Orygunner...


    Yes you can transport a firearm through Michigan. My post didn't read as I was thinking as I wrote it.

    In Michigan, we have a dumb law that says you can't even posses a hand gun unless you are a resident or have a CCW (or whatever your state calls it) "from your home state".

    Example... You *LEGALLY* transport into , on your way trough, MI. a handgun.. If you were to stop at a motel for the night & didn't have a permit from your home state, you could NOT take your pistol into the motel with you legally. You must leave it locked in the trunk of your vehicle.

    My statement was posted as a warning, not a challenge. And to point out what I think is a stupid set of feel good laws.


    It would be even nicer if the Feds said we don't need permits at all anyplace.


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    Leader wrote:
    It would be even nicer if the Feds said we don't need permits at all anyplace.
    Yes, absolutely! We need a real Gun Owner's Protection Act that:

    • Reigns in the BATFE.
    • Allows residents of ANY state to own and possess loaded firearms in public or private and prevents states and local gov't from prohibiting it.
    • Changes the Gun Free School Zones Act to A) Only affect those committing or intending to commit a crime witha firearm, and B), restricts states and local Gov't from prohibiting firearms in school zones.
    • Forces all states to adopt "Shall Issue" CCW Licensing, and forces reciprocity between states.
    • Legalizes owning NEW fully automatic weapons with an FFL. and lowers the "tax" per transfer to $50.
    • Legalizes Sound Suppressors without an FFL.

    I think the 2nd and 14th Amendments to the Constitution would allow this Act?

    ...Oh, and gives 1 free gun to every law-abiding adult citizen that wants one...
    ...Orygunner...



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    Hello to everyone, first post here.

    I am traveling from NC to Tenn tomorrow. NC does not require any permits or licenses to OC, but Tenn does require a permit. To further complicate matters I drive a pickup with no lockable compartment other than the cab. If I am reading this right, my only option is to leave my investment(pistol) in some kind of lock box in the bed of the truck and hope nobody snatches it... or simply not get caught?

    I am only going to look after a friend who is laid up with a back injury for a few days, I probably won't even leave his house while I am there, any advice on what to do/say IF I should happen to get pulled over or caught in a checkpoint? Any advice is much appreciated




    - I will NEVER Disarm

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    Just DON'T say anything about not liking Obama!!!

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    Regular Member MT GUNNY's Avatar
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    There is a federal Law that alows you to transport firearms through states.



    http://www.cjrpc.org/INTERSTATE_2.htm

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    .

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    Well, WV and VA are both OC-in-your-car states, so I can (and do) OC on those rare occasions I head out to the Brandywine range.

    It usually reminds me of why I prefer the Hite Hollow range.
    Why open carry? Because 1911 > 911.

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    Here's what I think is really screwed up. I got to thinking about this while riding my bicycle while OCing, when I had to ride by a school. I didn't have my CHL yet, so I was in violation of Federal Law (shhh! ).

    For those not familiar with the Gun Free School Zones ACT of 1990, it currently basically states you can't be within 1000' of a school with a firearm unless you're on private property, you have permission from the school, you have a CHL, orunless the gun is
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

    Since it is a supposedly a PRIVILEGE to drive a vehicle, why is a vehicle REQUIRED to transport a firearm near a school? We have the right to keep and bear arms, and we have a right to travel, so It should be legal to travel on foot by a school with a rifle slung over my shoulder or a handgun in my holster, no permission or license required.

    The same problem with interstate transport. Federal law overrides state law allowing you to transport through a state if it's unloaded and locked in the trunk (or passenger compartment if no trunk). Since travelling in a motor vehicle is not a right, I should be able to legally travel on foot across any state I want to with an unloaded gun in a locked case. (Actually, I have a right to carry it holstered or slung and loaded, damn their laws anyway).

    The more restrictive state gun laws I hear about, the more PO'd I get, and the more thankful I am I live in Oregon. We have our own problems with the laws for Non-CHL holders (with a CHL, I have almost no complaints). We really need to wipe out most all of the federal gun control laws, and put in a REAL gun owner's protection act that preempts all state laws.

    I SWEAR if I ever win the lottery (or otherwise become financially secure where I dont HAVE to work), I'm going to do everything I can to challenge these bullcrap laws, even get arrested if I have to, so I can challenge them in court and get them overturned as unconstitutional.

    .../Rant...
    ...Orygunner...

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