Bear 45/70 wrote:
irfner wrote:
Bear 45/70 wrote:
Locked and unloaded is legal per Federal law which allows transport thru any state as long as that state is nothis final destination. This is regardless of any state law, which can not over ride the free passage federal law.
It may be federal law but some states will arrest you anyhow. Illinois, New York, New Jersey, Main and possibly some others. IllinoisI believe requires a license forthe possession ofammunition. Then there are local regs and jurisdictions to contend with. All states do not have preemption. Some DA's in New York will pursue felony charges just because they can. In Ohio the proximity of the ammo to the gun can get you into trouble. It may not be right but that is the way it is across this great free country of ours.
New York lost the last case of arresting a traveler with a legal handgun. It was the Feds that forced the issue. That was before Heller and now the "no gun" states are in an evenworse position of while trying to enforce their unconstitutional laws. Also a trucker's true departure point and final destination are back at his home, regardless of all the stops in the middle.
I would like to agree with you on that theory. It was what I thought when I first read the Federal law. However all the legal analyses I have read only allow stops in the non-permissive states that are necessarily incident to travel. This would include stops for fuel, food, and maybe sleep if necessary for safety.
However this is basically an affirmative defense. Where the defendant is required to prove that is destination is somewhere where it is legal for him to have the firearm.
For a truck driver he would show his Bill of Lading. If the BOL was from say Virgina to Vermont he would be okay if he did not make any unnecessary stops in MD, NJ, NY, or MA. However if it was from VA to NY then the court would consider NY as his destination. In over the road truck driving it is common not to know where you are going next until after you deliver your last load. Also, you could be laid over until the next dayto get your next load.
So, as I see it is very unlikely that a court of law located in a state like New York would consider the Federal Interstate Firearms Transportation law as a general permit for a truck driver to be exempt from state and local laws.While he isout on the road traveling around the country for weeks or months at a time. No matter where he stops or for how long. This would be like allowing anyone with a RV to travel around the country for months at a time stopping to sightsee in NY for a week, and claim they are exempt from NY handgun laws because the departure and destination point of their RV is their home driveway.
