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Checkpoints on U.S. soil

bnhcomputing

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I am hoping someone from there can help clarify something for me.



I have a fried (American Born Citizen) who came north to Wisconsin from Laredo, TX. When he came north, he left his firearms with his sister. Mind you, these firearms ARE in the U.S. and his sister is also a citizen.

Now the question: Is there some sort of declaration form she has to fill out and file with the checkpoint north of Laredo in order to bring his firearms to Wisconsin?

If so, is this the beginning of needing "papers" to travel among the states?

Thanks for any information you can provide.

 

jhow1nm2

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I carry my G27 in my glove box while I travel in NM. There are Border Patrol check points on the 4 Interstate or State Highways within 20 miles of my house in all directions. I never disclose it, don't need to. As long as it's legal in the state you are in (and no disclosure is required in that state), then no other worries are warranted.
 

KBCraig

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No. The checkpoint (as despicable as they are) is just a checkpoint where they inquire about citizenship, and if they have RS to doubt citizenship, to request evidence of identity.

It is not a border entry point. Everything legal south of there is legal north of there. No paperwork is required.
 

smoking357

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bnhcomputing wrote:
I am hoping someone from there can help clarify something for me.



I have a fried (American Born Citizen) who came north to Wisconsin from Laredo, TX. When he came north, he left his firearms with his sister. Mind you, these firearms ARE in the U.S. and his sister is also a citizen.

Now the question: Is there some sort of declaration form she has to fill out and file with the checkpoint north of Laredo in order to bring his firearms to Wisconsin?

If so, is this the beginning of needing "papers" to travel among the states?

Thanks for any information you can provide.

There is a checkpoint north of Laredo? Does it apply to Americans or just foreign vehicles? This sounds like something that will flat rub me the worng way.
 

Tomahawk

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Wel, many people think that whenever the cops stop somebody they should check to see their immigration status. Until it happens to you.

I don't like being questioned at any kind of a checkpoint, whether it's a DUI cp or an immigration cp. Unless I'm seen to be breaking some law, there's no excuse to stop me on a public road, not to see if I'm sober, not to see if I'm an illegal alien, not to see if my DL and other papers are in order, not for anything.

But we Americans love to whine about drunk drivers and drugs and aliens, and this is what we get. Explaining ourselves to people in uniforms as we go about our daily business. Before you know it, you'll be added to that list of undesirables to look out for, but even if you're not, you have to deal with the Security State. For the greater good, of course.
 

suntzu

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bnhcomputing wrote:
I am hoping someone from there can help clarify something for me.



I have a fried (American Born Citizen) who came north to Wisconsin from Laredo, TX. When he came north, he left his firearms with his sister. Mind you, these firearms ARE in the U.S. and his sister is also a citizen.

Now the question: Is there some sort of declaration form she has to fill out and file with the checkpoint north of Laredo in order to bring his firearms to Wisconsin?

If so, is this the beginning of needing "papers" to travel among the states?

Thanks for any information you can provide.

So let me understand this situation:

Your friend is an American citizen who used to live in Laredo, Tx, but moved to Wisconsin and when he moved your friend left his firearms with his sister--also a citizen, who still lives in Laredo, Tx? Is this correct?

So your question is--do you have to declare the weapons in a checkpoint? The natural question I have is WHY would you even consider volunteering to allow border patrol to search your vehicle inside the US? As far as I know, even they have to have probable cause in order to search your vehicle. Simply ask them if you are being detained--if they say yes, then my advice is to call your lawyer and refuse any searches. Here is the secret--if they have to ask you for consent to search--they have absolutely NO reason to do so, and if they do, you may have them for a civil rights violation.

refuse any consent to search. Ask if you are being detained, and if so, what is the purpose. you don't have to tell them anything if you are a US citizen and not in the commission of a crime. I would not tell them anything, except to let them speak to my lawyer. I don't see why you would have to declare a firearm--the firearm is legal, is legally possessed, just make sure she is traveling with the gun secured if that is required--or if she has a permit to carry, then she would not even need to do that--at least I wouldn't think so anyway.

but all of this is just my opinion.
 

suntzu

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KBCraig wrote:
No. The checkpoint (as despicable as they are) is just a checkpoint where they inquire about citizenship, and if they have RS to doubt citizenship, to request evidence of identity.

It is not a border entry point. Everything legal south of there is legal north of there. No paperwork is required.
But why would you, as an American citizen even consider informing them of your immigration status? They cannot make you answer the question--last time I checked, it isn't a crime to refuse to answer questions.

they cannot force a search of your vehicle either--if they try, ask to speak to their supervisor and call your lawyer...lawyers love to file expensive lawsuits against the feds....
 

KBCraig

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smoking357 wrote:
There is a checkpoint north of Laredo? Does it apply to Americans or just foreign vehicles? This sounds like something that will flat rub me the worng way.

There are immigration checkpoints up to 100 miles from the border, in every border state. People pass through them every day who are natural-born U.S. Citizens and who've never been outside the country. Most are roving, temporary checkpoints.

You should feel rubbed the wrong way over this.
 

SlackwareRobert

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Ask if they think Loredo is in Mexico, if not then the federal transport law
applies, as long as the gun is legal in Wisconsin, and Texas.
And the guns can be carried on thier merry way, there is no border patrol exception.

Remember it is a federal gun charge the border patrol faces if they violate your rights.

All that being said, I have no idea what happens if you take the Mexican highway north.
 

PT111

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, South Carolina, USA
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Tomahawk wrote:
Wel, many people think that whenever the cops stop somebody they should check to see their immigration status. Until it happens to you.

I don't like being questioned at any kind of a checkpoint, whether it's a DUI cp or an immigration cp. Unless I'm seen to be breaking some law, there's no excuse to stop me on a public road, not to see if I'm sober, not to see if I'm an illegal alien, not to see if my DL and other papers are in order, not for anything.

But we Americans love to whine about drunk drivers and drugs and aliens, and this is what we get. Explaining ourselves to people in uniforms as we go about our daily business. Before you know it, you'll be added to that list of undesirables to look out for, but even if you're not, you have to deal with the Security State. For the greater good, of course.

This post really intrigues me as most people do get upset when they are questioned but breaking no law and rightfully so. But at the same time they want the illegals stopped so how are theyto know which one to stop or not harass at all. Maybe we should forget about illegal aliens unless they break some law beside being in the US illegally. The same way a criminal walking down the street with a gun on his side should not be stopped and questioned unless he is breaking some law.

What this amounts to is that illegal immigration an illegallycarrying a gun are both secondary violations that cannot be charged unless some other law is broken similar to the seat belt laws in some states. I do not have an answer but do have questions.
 

gzcp31

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In Texas, Seatbelt laws are concidered primary laws. They can pull you over and charge you without an additional charge.
 

bnhcomputing

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bnhcomputing wrote:
I am hoping someone from there can help clarify something for me.



I have a fried (American Born Citizen) who came north to Wisconsin from Laredo, TX. When he came north, he left his firearms with his sister. Mind you, these firearms ARE in the U.S. and his sister is also a citizen.

Now the question: Is there some sort of declaration form she has to fill out and file with the checkpoint north of Laredo in order to bring his firearms to Wisconsin?

If so, is this the beginning of needing "papers" to travel among the states?

Thanks for any information you can provide.


Based on the comments here, and lack of any direct verification from a government agency, and taking into account the interstate commerce laws, I suggested the guys sister unloaded the firearms, cased them, put them in the trunk, and headed north.

According to my buddy, although his sisterstopped and was questioned at the check point, as soon as she stated she was an American Citizen, they sent her on her way.

The firearms are now in his possession here in Wisconsin, and he is looking forward to hunting with them this fall.

Thank you to all who posted.
 

On The Border

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Jul 6, 2008
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bnhcomputing wrote:
I am hoping someone from there can help clarify something for me.



I have a fried (American Born Citizen) who came north to Wisconsin from Laredo, TX. When he came north, he left his firearms with his sister. Mind you, these firearms ARE in the U.S. and his sister is also a citizen.

Now the question: Is there some sort of declaration form she has to fill out and file with the checkpoint north of Laredo in order to bring his firearms to Wisconsin?

If so, is this the beginning of needing "papers" to travel among the states?

Thanks for any information you can provide.


Living here on the Edge Of The World, Border Patrol checkpoints are a way of life.

That isn't meant to imply that I like themor approve of them, I don't.

That being said, their presence is only to intercept illegal aliensand drugs. As long as the guns are concealed they (the Border Patrol) couldn't care less. I go through them almost daily with a loaded, concealed handgun. The subject of a gun never came up.

Most times they just ask me if I'm a citizen of the US. Sometimes Rover the Drug Sniffing Wonder will have a sniff around my truck, and I'm on my way.It's all theater, really.

As long as your friend is a Citizen, there is no problem with transporting guns through a checkpoint, just keep 'em out of sight.
 

Citizen

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Regarding so-called "checkpoints", lets not fall into the pre-planned word games of the government spinmeisters.

Lets call these things what theyreally are, suspicionless roadblocks.
 

Bustelo5%

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kent, Ohio, USA
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I went on the NRA Web site for interstate transport of fire arms laws o the other day.It seems if you do not have a reconized CCP in that state to transport openly then is has to be stowed away or in a box or case unloaded.
As to Duty to Inform hell no,unless you are leaving the country or are going on a plane there is no reason to even speak to the police about it.
There is no reason to speak to police at any sort of check point for any reason,period.
[size="-1"]TRANSPORTATION BY MOTOR VEHICLE[/size] [size="-1"]In most states, personally-owned firearms may be transported legally if they are unloaded, cased, and locked in the automobile trunk.[/size]
[size="-1"]The exceptions to this rule apply mainly to interstate transportation of handguns. The myriad and conflicting legal requirements for firearm transportation through the states make caution the key for travelers.[/size]
[size="-1"]If you travel with a trailer or camper that is hauled by an automobile, it is advisable to transport the firearms unloaded, cased and locked in the automobile trunk. If your vehicle is of the type in which driving and living spaces are not separated, the problem becomes one of access. If the firearm (handgun, rifle or shotgun) is carried on or about the person, or placed in the camper where it is readily accessible to the driver or any passenger, state and local laws regarding concealed carrying of firearms may apply. It is recommended, therefore, that the firearm be transported unloaded, cased, and placed in a locked rear compartment of the camper or mobile home, inaccessible to the driver or passenger.[/size]
[size="-1"]Generally, a mobile home is considered a home if it is not attached to a towing vehicle, is permanently attached to utilities or placed on blocks or in such a manner that it cannot immediately be started up and used as a vehicle.[/size]
[size="-1"]Once you reach your destination, state, and/or municipal law will control the ownership, possession, and transportation of your firearms.[/size]
 

stevenrm87

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We only need "Mere Suspicion" to secondary a vehicle for immigration related offenses. BUT for all other crimes we need "Reasonable Suspicion" to secondary a vehicle.


Levels of suspicion

1. No suspicion
2. Some or mere suspicion
3. Reasonable suspicion
4. Probable Cause
5. Reasonable certainty
6. Proof beyond a reasonable doubt

A Border Patrol checkpoint's purpose is to inquire about immigration related offense. ie illegal aliens, legal aliens who overstay visa's, Immigrants (LAPRS) ect
 

KBCraig

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stevenrm87 wrote:
A Border Patrol checkpoint's ostensible purpose is to inquire about immigration related offense. ie illegal aliens, legal aliens who overstay visa's, Immigrants (LAPRS) ect
Fixed that for you.
 
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