neddis wrote: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.ok, check out this link:
I frequently travel across state lines. Does this law make it illegal to OC in the car when crossing the border?
does that mean that if the state laws address OC in a car, then I can OC in a manner compatible with state law?Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof...
Thanks in advance. I hope you all can understand the question I am asking.
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.
A commonly misapplied law is U.S.C. 220.127.116.116. 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]
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.