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Amtrak and Firearms In Checked Baggage

FogRider

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For the trip I take (between Denver and Lincoln), it tends to actually be cheaper than flying. It takes longer (about eight hours), but the allowable size of your carryon means I can bring a blanket and pillow and sleep on the way. It also helps that the schedule means it's a night trip both directions. That, and there's just something fun about a train ride. I bring my laptop and watch movies for a while, then head down to the dining car for a beer or two and some conversation.
 

Tomahawk

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FogRider wrote:
For the trip I take (between Denver and Lincoln), it tends to actually be cheaper than flying. It takes longer (about eight hours), but the allowable size of your carryon means I can bring a blanket and pillow and sleep on the way. It also helps that the schedule means it's a night trip both directions. That, and there's just something fun about a train ride. I bring my laptop and watch movies for a while, then head down to the dining car for a beer or two and some conversation.
Yup. Alcohol and sleeping and relaxing and scenery all go well with rail travel.
 

rpyne

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Tomahawk wrote:
I hate Amtrak's gun ban, and I hate their government subsidies
As much as I hate the subsidies I have to say that if air travel had to pay all of its own costs, it would cost at least double what it does. If Amtrak was subsidized at the same passenger mile rate as the airlines, we could have coast to coast high speed trains.

That said, I love to travel by train for many of the same reasons: comfort, lack of being violated, relaxation and seeing the scenery.
 

Tomahawk

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Only problem with true high-speed trains is that you can't see the scenery. Riding through the Rocky Mtns. on the California Zephyr as it winds around mountains and through tunnels is a great ride. But, yeah, it'd be nice to not take 3.5 days to cross the continent. And the government subsidizes automobile travel, too, in the form of highways.
 

Mike

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longwatch wrote:
I think federal code prohibits carry on interstate common carriers, at least they have the power to regulate it.
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.
Thi sstatute does not forbid gun carry on AMTRAK or any other means of public transportation - it is an anti-gun running statute. There is no federal law probiting gun carry on AMTRAK, Greyhond, etc.
 

longwatch

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Mike wrote:
longwatch wrote:
I think federal code prohibits carry on interstate common carriers, at least they have the power to regulate it.
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.
Thi sstatute does not forbid gun carry on AMTRAK or any other means of public transportation - it is an anti-gun running statute.  There is no federal law probiting gun carry on AMTRAK, Greyhond, etc.
I don't know, seems to me that 'transportation ... in interstate or foreign commerce' could cover personal carry on Amtrak. That they make an exception for guns checked in luggage also makes me think that. Maybe I'm just being overly conservative on this, but I think it is something a zealous prosecutor could hang on someone.
 

rpyne

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Mike wrote:
longwatch wrote:
I think federal code prohibits carry on interstate common carriers, at least they have the power to regulate it.
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.
Thi sstatute does not forbid gun carry on AMTRAK or any other means of public transportation - it is an anti-gun running statute. There is no federal law probiting gun carry on AMTRAK, Greyhond, etc.
Read the bold section. It can be legal IF it is delivered to the conductor for transport. Amtrak conductors will not accept them. You might be able to argue that since it was on your person you didn't "deliver" it to anyone, but I doubt you would find a judge that would buy that argument.
 

PT111

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, South Carolina, USA
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rpyne wrote:
Tomahawk wrote:
I hate Amtrak's gun ban, and I hate their government subsidies
As much as I hate the subsidies I have to say that if air travel had to pay all of its own costs, it would cost at least double what it does. If Amtrak was subsidized at the same passenger mile rate as the airlines, we could have coast to coast high speed trains.

That said, I love to travel by train for many of the same reasons: comfort, lack of being violated, relaxation and seeing the scenery.
If they took the money used to subsidize Amtrakthey couldbuy 1st class plane tickets for everyone that usesAmtrak for anything than daily commutes.We need a high speed rail system in the US but it would take a change in the nature of Americans to make it work.A rail system would greatly reduce our need for oil and take about the same amount to build as Obama's stimulus package.
 

Mike

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rpyne wrote:
Mike wrote:
longwatch wrote:
I think federal code prohibits carry on interstate common carriers, at least they have the power to regulate it.
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.
Thi sstatute does not forbid gun carry on AMTRAK or any other means of public transportation - it is an anti-gun running statute. There is no federal law probiting gun carry on AMTRAK, Greyhond, etc.
Read the bold section. It can be legal IF it is delivered to the conductor for transport. Amtrak conductors will not accept them. You might be able to argue that since it was on your person you didn't "deliver" it to anyone, but I doubt you would find a judge that would buy that argument.
You are reading the exception to delivery - read the bold, delivery is the underlying unlawful conduct. Carrying your own gun is not unlawful.
 

Thundar

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Mike wrote:
longwatch wrote:
I think federal code prohibits carry on interstate common carriers, at least they have the power to regulate it.
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.
Thi sstatute does not forbid gun carry on AMTRAK or any other means of public transportation - it is an anti-gun running statute. There is no federal law probiting gun carry on AMTRAK, Greyhond, etc.
+10 Mike. There is no federal law forbidding your posession on AMTRAK. There is law against unlicensed interstate commerce in firearms. Carry on!
 

rpyne

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Mike, Thundar,

Twist the language anyway you like, but it seems that most judges believe "delivery" would include "delivering" yourself for transport. I invite you to get yourself arrested for carrying on Amtrak and let us know how the courts rule. IANAL, but I would bet that you would end up spending lots of money and a significant amount of time incarcerated.

I completely agree that there SHOULDN'T be a problem carrying on Amtrak, but I don't have the time and money to be a test case. So far, I have not seen any court case creating precedent.
 

rpyne

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In all reality, the code that SHOULD be applicable would be USC 18-44-926A:

Section 926A. Interstate 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 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.
Otherwise, the applicable state laws of the states you travel through should dictate.

Edit: correct key bounce.
 

Mike

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longwatch wrote:
I think federal code prohibits carry on interstate common carriers, at least they have the power to regulate it.
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.
No, this statute does not ban concealed or open carry of your gun on AMTRAK. It bans use of common carriers for what is already a crime - delivery of firearms across state liones to non-dealers. The safe harbor provision for gun owners is just for clarification - not really needed.
 

Bustelo5%

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What do off duty LEOs do when they ride Amtrack and need to check their weapon? OR say as a state licensed armed security what do you need to do to get authorization to do this,sounds like a prob for people even if its their job to be armed at all times.
 
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