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Carrying Across State Lines

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buddyleeroe

Regular Member
Joined
Sep 22, 2008
Messages
13
Location
Woodbury, Connecticut, USA
imported post

Hey guys, I need some advice. We all know that NY and NJ do not honor our gun licenses. When I travel out of Connecticut, I always leave my gun at home - which really pisses me off by the way.

What do you guys do when you leave the state? Do you take a hand gun with you any way or do you leave your gun at home. I am getting ready to take a trip south and thought I would see what you guys have to say about this.

Thank you for your thoughts.
 
B

buddyleeroe

Regular Member
Joined
Sep 22, 2008
Messages
13
Location
Woodbury, Connecticut, USA
imported post

By the way, I realize this may be question that one does not want to respond to and I fully understand. Just wondering how some of you deal with the issue of carrying a handgun across state lines.

Thanks again.
 
L

LKB3rd

Regular Member
Joined
Nov 3, 2007
Messages
100
Location
Branford, Connecticut, USA
imported post

If you are legal in the place you start, and the place you go to, you can legally transport firearms according to the "peaceable journey" laws.
Double check this and learn it for yourself, but basically you have to lock the firearms in the trunk, in a locked container, separate from ammo, and not stop (within reason, you can stop for food and to use the bathroom, etc) while you are in "hostile" states.
I am pretty sure you can legally have them in your "home for the night" (like hotel room, or a person's house) according to the state laws where you are regarding guns in the home, just not carry it in states that don't recognize our carry permits.. isn't that all of them?
 
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buddyleeroe

Regular Member
Joined
Sep 22, 2008
Messages
13
Location
Woodbury, Connecticut, USA
imported post

That is interesting what you stated. I have spoken to the Highway Patrol in NJ and the person I spoke with told me that in no way was I legal carrying a handgun in NJ unless I was going to a shooting match and had the documentation to prove it. And then, the gun had to be secure away from the ammunition and locked. That is so frustrating to me who is a legal gun owner and never been in trouble with the law.

My concern is supposed I was stopped for some reason or in an accident while traveling. Then what could I be faced with?
 
L

LKB3rd

Regular Member
Joined
Nov 3, 2007
Messages
100
Location
Branford, Connecticut, USA
imported post

I think police in some places do the same thing they love doing here about open carry for example, which is ignore the law, or misuse it to do something that isn't based on laws.
US code 926a
http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+541+3++(926a)
-CITE-


18 USC Sec. 926A 01/03/2007


-EXPCITE-


TITLE 18 - CRIMES AND CRIMINAL PROCEDURE


PART I - CRIMES


CHAPTER 44 - FIREARMS


-HEAD-


Sec. 926A. Interstate transportation of firearms


-STATUTE-


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 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.


-SOURCE-


(Added Pub. L. 99-360, Sec. 1(a), July 8, 1986, 100 Stat. 766.)


-MISC1-


PRIOR PROVISIONS


A prior section 926A, added Pub. L. 99-308, Sec. 107(a), May 19,


1986, 100 Stat. 460, provided that any person not prohibited by


this chapter from transporting, shipping, or receiving a firearm be


entitled to transport an unloaded, not readily accessible firearm


in interstate commerce notwithstanding any provision of any


legislation enacted, or rule or regulation prescribed by any State


or political subdivision thereof, prior to repeal by Pub. L. 99-


360, Sec. 1(a).


EFFECTIVE DATE


Section effective on date on which Firearms Owners' Protection


Act, Pub. L. 99-308, became effective, see section 2 of Pub. L. 99-


360, set out as an Effective Date of 1986 Amendments note under


section 921 of this title.
Click to expand...
 
L

LKB3rd

Regular Member
Joined
Nov 3, 2007
Messages
100
Location
Branford, Connecticut, USA
imported post

On reading it again, it looks like as long as it is locked in the trunk, or in another way required by the statue if you have a pickup truck, or non trunked vehicle, or in your "home for the night," it should be legal in any state to have it with you.
I am now interested in this. I think that the state laws regarding guns in the home would apply anywhere you stop overnight, and that means you can have them in the home any way you want. You couldn't stop for the night with a weapon classified as an "assault weapon" in states with bans, but handguns, and vanilla long guns, it would seem would be legal, as long as they are transported according to 926a, and then left in the "home" otherwise. Car carry laws vary from state to state, and I'd guess if it was legal to do without a carry permit, you could do it as a temporary state resident.
I am not a lawyer, just trying to start a discussion.
 
B

buddyleeroe

Regular Member
Joined
Sep 22, 2008
Messages
13
Location
Woodbury, Connecticut, USA
imported post

Your comments are well thought out and well stated. Thank you. When I moved to CT from VA a few years ago, I carried in my car all of guns and rifles when moving because I really had no other option. As I look back on this, I wonder what would have happened if I had been stopped or in an accident. I guess I would have been arrested. The guns were in one car and the ammunition was in my wife's car. It was not my intent to break any laws: it's just that I was moving and had to transport my guns. It is a crying shame that in this country we would have to go through this hassle just own guns. I appreciate the dialogue.

So I leave for the south this coming Saturday for a few days. Should I take a hand gun or not? What really pisses me off, is that most likely I would never be mugged or robbed. But, what if while I was traveling someone attempted to rob me and then I would have no way to defend myself. That is what really pisses me off. In fact, the more I talk about this the madder I get.

Thanks for your comments.
 
G

GoldCoaster

Regular Member
Joined
Jun 24, 2008
Messages
646
Location
Stratford, Connecticut, USA
imported post

buddyleeroe wrote:
Your comments are well thought out and well stated. Thank you. When I moved to CT from VA a few years ago, I carried in my car all of guns and rifles when moving because I really had no other option. As I look back on this, I wonder what would have happened if I had been stopped or in an accident. I guess I would have been arrested. The guns were in one car and the ammunition was in my wife's car. It was not my intent to break any laws: it's just that I was moving and had to transport my guns. It is a crying shame that in this country we would have to go through this hassle just own guns. I appreciate the dialogue.

So I leave for the south this coming Saturday for a few days. Should I take a hand gun or not? What really pisses me off, is that most likely I would never be mugged or robbed. But, what if while I was traveling someone attempted to rob me and then I would have no way to defend myself. That is what really pisses me off. In fact, the more I talk about this the madder I get.

Thanks for your comments.
Click to expand...
At least up in Woodbury you are out in the country where people are probably a bit less frightened of firearms. Down here on the shoreline we tend to be an extended bedroom community of NYC and you know what firearm nazi's they are.

As for your trip. If the firearm is legal where you are going to, then you're covered under the federal law as long as the device is stored as it needs to be to comply.
 
L

LKB3rd

Regular Member
Joined
Nov 3, 2007
Messages
100
Location
Branford, Connecticut, USA
imported post

I have family in Vermont, and I have to travel through MA, and I bring guns with me when I go. I transport them according to the "peaceable journey" 926a laws, and I am legal in Vermont to carry them, or have them with me in my overnight lodging location.
I'd decide based on the laws at your destination, and transport them locked in the trunk. It would be a risk if you get in an accident in New Jersey for example, but according to the law it seems as if you would be legal as long as they were locked according to 926a. The risk is that police in some places don't seem to know, or care about the laws regarding this.
The second issue is what to do with it once you arrive, if the state doesn't allow non-permitted open carry. I am not sure if you would qualify as a temporary state resident, which would allow you to have a handgun in the "home" like anyone else could in that state. Carrying concealed, or openly if they require permitting for it is not something I would do.
You could go to the opencarry state forum for your destination, and ask if anyone knows the laws regarding out of staters visiting with a handgun, and/or could direct you where to read the laws for yourself.
 
brk913

brk913

Regular Member
Joined
Oct 10, 2007
Messages
370
Location
Plainville, CT
imported post

The Federal Law regarding Interstate Transport will apply ONLY IF you are legal where you are departing from and legal where you are heading to. Unfortunately, unless you are heading to one of the few states that honor the CT permit you will not be protected by this law. I would suggest looking into obtaining a non resident Florida permit which at last check was valid in 32 states, this will make you legal if your destination is one of those states. Visit this website and check off where you have a permit from to see where it is valid (you can check off multiple states): http://handgunlaw.us/LicMaps/ccwmap.php

Additionally, DO NOT stop or stay over in any state where your permit is not valid, once you do this local firearm laws apply, for example if you decide to stay in NJ you would be violating numerous handgun possession laws, the transport law does not allow for "staying the night"...
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

buddyleeroe wrote:
When I moved to CT from VA a few years ago, I carried in my car all of guns and rifles when moving because I really had no other option. As I look back on this, I wonder what would have happened if I had been stopped or in an accident. I guess I would have been arrested. The guns were in one car and the ammunition was in my wife's car.
Click to expand...
Are you paying attention to the other posters? They are citing to well known federal transportation immunity from 18 USC 926A. Why would you fear arrest for lawful conduct?
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

brk913 wrote:
The Federal Law regarding Interstate Transport will apply ONLY IF you are legal where you are departing from and legal where you are heading to. Unfortunately, unless you are heading to one of the few states that honor the CT permit you will not be protected by this law. I would suggest looking into obtaining a non resident Florida permit which at last check was valid in 32 states, this will make you legal if your destination is one of those states. Visit this website and check off where you have a permit from to see where it is valid (you can check off multiple states): http://handgunlaw.us/LicMaps/ccwmap.php

Additionally, DO NOT stop or stay over in any state where your permit is not valid, once you do this local firearm laws apply, for example if you decide to stay in NJ you would be violating numerous handgun possession laws, the transport law does not allow for "staying the night"...
Click to expand...
In most states you can open carry without any permit - check out the Travelers map.
 
J

JimMullinsWVCDL

State Researcher
Joined
Jan 25, 2007
Messages
676
Location
Lebanon, VA
imported post

buddyleeroe wrote:
Ok, what is the process one must go through to apply for a Florida Gun Permit? It appears that is what I need to do.

Thank you,
Click to expand...
Start here. The online ordering system is a bit tricky; I recommend calling 850-245-5691 and requesting an application packet by phone. The same proof of training that you used for your CT permit will fulfill Florida's training requirement.
 
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