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Thread: Carrying in a vehicle in Fla.?

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    From what I have read on here, it IS legal to carry a loaded pistol in your vehicle within the state if it is holstered, or in a locked or unlocked glovebox, correct? I DO NOT have a CCW from my state (NC.) Traveling to FL this weekend, and want to make sure I get the right info before I leave. I have a friend traveling with me, and he DOES have a CCW from NC.

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    squid8286 wrote:
    From what I have read on here, it IS legal to carry a loaded pistol in your vehicle within the state if it is holstered, or in a locked or unlocked glovebox, correct? I DO NOT have a CCW from my state (NC.) Traveling to FL this weekend, and want to make sure I get the right info before I leave. I have a friend traveling with me, and he DOES have a CCW from NC.
    To keep this simple.....Even if holstered, it must be concealed: glove-box, console, box w/ lid, backpack w/ closed zipper or other container with closed lid/zipper/snaps/Velcro/etc.

    I don't think I want to go into the snapped holster in plain view discussion here, just keep it concealed.

    Make sure you follow the Federal law on interstate transport while traveling. Paraphrasing: Gun and ammo separate, locked in trunk.

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    Regular Member turbodog's Avatar
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    brboyer wrote:
    Make sure you follow the Federal law on interstate transport while traveling. Paraphrasing: Gun and ammo separate, locked in trunk.
    Cite this please.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    turbodog wrote:
    brboyer wrote:
    Make sure you follow the Federal law on interstate transport while traveling. Paraphrasing: Gun and ammo separate, locked in trunk.
    Cite this please.
    18 USC 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.

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    Regular Member turbodog's Avatar
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    Thanks brboyer.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    brboyer wrote:
    squid8286 wrote:
    From what I have read on here, it IS legal to carry a loaded pistol in your vehicle within the state if it is holstered, or in a locked or unlocked glovebox, correct? I DO NOT have a CCW from my state (NC.) Traveling to FL this weekend, and want to make sure I get the right info before I leave. I have a friend traveling with me, and he DOES have a CCW from NC.
    To keep this simple.....Even if holstered, it must be concealed: glove-box, console, box w/ lid, backpack w/ closed zipper or other container with closed lid/zipper/snaps/Velcro/etc.

    I don't think I want to go into the snapped holster in plain view discussion here, just keep it concealed.

    Make sure you follow the Federal law on interstate transport while traveling. Paraphrasing: Gun and ammo separate, locked in trunk.
    What he said.

    Squid8286, way to go.....checking the laws BEFORE you travel, being a responsible, law abiding gun owner.

    Safe travels, and enjoy your stay in the Sunshine state. Pack a jacket...been cold lately.

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    Thanks for the replies, folks. In this case, state law is that it can be carriedLOADED in a vehicle, but must be concealed (glove box, zippered backsack, console etc?) Still just a little confused. Sorry. State law would apply first, correct?

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    Regular Member turbodog's Avatar
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    squid8286 wrote:
    Thanks for the replies, folks. In this case, state law is that it can be carriedLOADED in a vehicle, but must be concealed (glove box, zippered backsack, console etc?) Still just a little confused. Sorry. State law would apply first, correct?
    Well, since the Federal law say this: "Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof...."

    The Federal law would trump any state or local law, meaning it is illegal to carry a loaded firearm across state lines whether you have a permit or not.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    turbodog wrote:
    squid8286 wrote:
    Thanks for the replies, folks. In this case, state law is that it can be carriedLOADED in a vehicle, but must be concealed (glove box, zippered backsack, console etc?) Still just a little confused. Sorry. State law would apply first, correct?
    Well, since the Federal law say this: "Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof...."

    The Federal law would trump any state or local law, meaning it is illegal to carry a loaded firearm across state lines whether you have a permit or not.
    Incorrect.

    The federal interstate transport law simply gives one the ability to transport a firearm from one place where it's legal to another, regardless if the states you are passing through have laws to the contrary.

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    squid8286 wrote:
    Thanks for the replies, folks. In this case, state law is that it can be carriedLOADED in a vehicle, but must be concealed (glove box, zippered backsack, console etc?) Still just a little confused. Sorry. State law would apply first, correct?
    Once you arrive in Florida and are not just 'passing through' then state laws apply.

    If you stop in a state for some period of time (the amount of time has not been clarified by a court yet) like overnight, then you are no longer traveling and the state laws would apply.

    See my reply above to Turbodog.

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    Regular Member turbodog's Avatar
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    brboyer wrote:
    turbodog wrote:
    squid8286 wrote:
    Thanks for the replies, folks. In this case, state law is that it can be carriedLOADED in a vehicle, but must be concealed (glove box, zippered backsack, console etc?) Still just a little confused. Sorry. State law would apply first, correct?
    Well, since the Federal law say this: "Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof...."

    The Federal law would trump any state or local law, meaning it is illegal to carry a loaded firearm across state lines whether you have a permit or not.
    Incorrect.

    The federal interstate transport law simply gives one the ability to transport a firearm from one place where it's legal to another, regardless if the states you are passing through have laws to the contrary.
    Not incorrect. I agree that the Federal law was set up to override state and local laws that would prohibit transporting firearms to their areas, but the federal law also adds the caveat that firearms being so transported must be unloaded:

    "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"

    I also agree that, once you've crossed a state line, that states laws now takes effect and you can carry away as they allow.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    turbodog wrote:
    brboyer wrote:
    turbodog wrote:
    squid8286 wrote:
    Thanks for the replies, folks. In this case, state law is that it can be carriedLOADED in a vehicle, but must be concealed (glove box, zippered backsack, console etc?) Still just a little confused. Sorry. State law would apply first, correct?
    Well, since the Federal law say this: "Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof...."

    The Federal law would trump any state or local law, meaning it is illegal to carry a loaded firearm across state lines whether you have a permit or not.
    Incorrect.

    The federal interstate transport law simply gives one the ability to transport a firearm from one place where it's legal to another, regardless if the states you are passing through have laws to the contrary.
    Not incorrect. I agree that the Federal law was set up to override state and local laws that would prohibit transporting firearms to their areas, but the federal law also adds the caveat that firearms being so transported must be unloaded:

    "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"

    I also agree that, once you've crossed a state line, that states laws now takes effect and you can carry away as they allow.

    You're confused or confusing, not sure which.

    You originally said that the federal law made it unlawful to carry a loaded firearm across state lines. I said you were incorrect in that, and you are.

    It is perfectly legal for one to travel from one state to another with a loaded firearm, if legal in the states involved.

    I as a Florida CWFL holdercan take a little trip and lawfully cross, with a loaded firearm, the Florida/Georgia border, then across the Georgia/Tennessee border, then across the Tennessee/Kentucky border, then across the Kentucky/West Virginia's border, then across the West Virginia/Virginia border, then across the Virginia/North Carolina border, then across the North Carolina/South Carolina border.....all perfectly legal and the Federal law has no impact on this little trip, at all.

    The key phrase is the federal law is "shall be entitled to transport " there is no requirement that you travel with an unloaded gun, unless you need protection from some anti-gun state that you are traveling through.


    I also agree that, once you've crossed a state line, that states laws now takes effect and you can carry away as they allow.
    With this statement, are you implying that one needs to unload and store their firearm in the trunk before they can cross any state line? :shock:


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    Not confused at all brother, I'm just relaying what the law is clearly stating.

    Not saying I agree with it and not saying I've ever heard of anyone being jacked up solely because of it.

    "brboyer wrote:
    The key phrase is the federal law is "shall be entitled to transport " there is no requirement that you travel with an unloaded gun, unless you need protection from some anti-gun state that you are traveling through."

    What I'm sayin is, read what follows that "key phrase":
    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

    It's right there.

    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    turbodog wrote:
    Not confused at all brother, I'm just relaying what the law is clearly stating.

    Not saying I agree with it and not saying I've ever heard of anyone being jacked up solely because of it.

    "brboyer wrote:
    The key phrase is the federal law is "shall be entitled to transport " there is no requirement that you travel with an unloaded gun, unless you need protection from some anti-gun state that you are traveling through."

    What I'm sayin is, read what follows that "key phrase":
    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

    It's right there.

    So youthink that 18 USC 926A makes it unlawful for someone to cross any state line (regardless of the laws of either state involved) without unloading and storing their firearm in the trunk.

    Do I understand you correctly? If I drive from Tampa to Atlanta, you are saying that I have to stop before I reach the state line, unload and store my pistol in the trunk, drive across the state line, stop again and get my pistol out of the trunk, load it, holster it and then proceed on my trip? I just want to make sure I completely understand what you think this law requires.

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    brboyer wrote:
    So youthink that 18 USC 926A makes it unlawful for someone to cross any state line (regardless of the laws of either state involved) without unloading and storing their firearm in the trunk.
    Ok, lets go back the the first word in the law: "Notwithstanding". Do you know what that word means? It means, regardless of what state laws say, this Federal law takes precedence. So yes, I do meanregardless of those states laws, because that's what "notwithstanding" means.

    Try not to confuse Interstate transportation of a firearm with Intrastate transportation of a firearm. Transporting around Florida is Intrastate and you follow the laws of Florida. Transporting around Georgia is Intrastate and you follow the laws of Georgia. Transporting a firearmfrom one state to another is Interstate and now your under Federal law however briefly.

    Look at the way kidnapping is treated as a crime. Kidnap in Florida and you face state charges, take the victim into Georgia and it becomes Interstate and you get Federal charges added on.

    brboyer wrote:
    Do I understand you correctly? If I drive from Tampa to Atlanta, you are saying that I have to stop before I reach the state line, unload and store my pistol in the trunk, drive across the state line, stop again and get my pistol out of the trunk, load it, holster it and then proceed on my trip? I just want to make sure I completely understand what you think this law requires.
    Did I say the law made sense? Read the whole law and you disect it for me and tell me how it reads to you. Break it down line by line if you have to. Don't just give me this "You must be confused" stuff. Convince me I'm wrong. I have no problem admitting it when shown but you ain't shown nothin yet. All you keep doing is questioning my comments and not puting any logic of your own out there.

    If I'm wrong, show me I'm wrong. I'm a big boy, I can take it.

    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    turbodog wrote:
    brboyer wrote:
    So youthink that 18 USC 926A makes it unlawful for someone to cross any state line (regardless of the laws of either state involved) without unloading and storing their firearm in the trunk.
    Ok, lets go back the the first word in the law: "Notwithstanding". Do you know what that word means? It means, regardless of what state laws say, this Federal law takes precedence. So yes, I do meanregardless of those states laws, because that's what "notwithstanding" means.

    Try not to confuse Interstate transportation of a firearm with Intrastate transportation of a firearm. Transporting around Florida is Intrastate and you follow the laws of Florida. Transporting around Georgia is Intrastate and you follow the laws of Georgia. Transporting a firearmfrom one state to another is Interstate and now your under Federal law however briefly.

    Look at the way kidnapping is treated as a crime. Kidnap in Florida and you face state charges, take the victim into Georgia and it becomes Interstate and you get Federal charges added on.

    brboyer wrote:
    Do I understand you correctly? If I drive from Tampa to Atlanta, you are saying that I have to stop before I reach the state line, unload and store my pistol in the trunk, drive across the state line, stop again and get my pistol out of the trunk, load it, holster it and then proceed on my trip? I just want to make sure I completely understand what you think this law requires.
    Did I say the law made sense? Read the whole law and you disect it for me and tell me how it reads to you. Break it down line by line if you have to. Don't just give me this "You must be confused" stuff. Convince me I'm wrong. I have no problem admitting it when shown but you ain't shown nothin yet. All you keep doing is questioning my comments and not puting any logic of your own out there.

    If I'm wrong, show me I'm wrong. I'm a big boy, I can take it.
    Based on your posts, I believe you are unwilling or incapable of understanding statutory construction principles. But you may want to make the effort and do some basic research on 18 USC 926A. Perhaps you'll learn something.

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    Regular Member turbodog's Avatar
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    brboyer wrote:
    squid8286 wrote:
    From what I have read on here, it IS legal to carry a loaded pistol in your vehicle within the state if it is holstered, or in a locked or unlocked glovebox, correct? I DO NOT have a CCW from my state (NC.) Traveling to FL this weekend, and want to make sure I get the right info before I leave. I have a friend traveling with me, and he DOES have a CCW from NC.
    Make sure you follow the Federal law on interstate transport while traveling. Paraphrasing: Gun and ammo separate, locked in trunk.
    Man you are nothing but contradictions. Is it your intent to just start an argument?

    You write the above statement and when I say the same thing:

    turbodog wrote:
    The Federal law would trump any state or local law, meaning it is illegal to carry a loaded firearm across state lines whether you have a permit or not.
    You say I'm incorrect but you won't say why.

    You say I don't want to learn but you refuse to explain your position.

    Go away and find a 5 year old to shout at, that's about where your logic level is set on.




    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    turbodog wrote:
    brboyer wrote:
    squid8286 wrote:
    From what I have read on here, it IS legal to carry a loaded pistol in your vehicle within the state if it is holstered, or in a locked or unlocked glovebox, correct? I DO NOT have a CCW from my state (NC.) Traveling to FL this weekend, and want to make sure I get the right info before I leave. I have a friend traveling with me, and he DOES have a CCW from NC.
    Make sure you follow the Federal law on interstate transport while traveling. Paraphrasing: Gun and ammo separate, locked in trunk.
    Man you are nothing but contradictions. Is it your intent to just start an argument?

    You write the above statement and when I say the same thing:

    turbodog wrote:
    The Federal law would trump any state or local law, meaning it is illegal to carry a loaded firearm across state lines whether you have a permit or not.
    You say I'm incorrect but you won't say why.

    You say I don't want to learn but you refuse to explain your position.

    Go away and find a 5 year old to shout at, that's about where your logic level is set on.
    Do your own research. It's really simple enough for a 5 year old to understand.

    You follow the law of the state you are in. If, and only if, you need protection from an anti-gun state law, you can rely on the protection offered by 18 USC 926A.

    18 USC 926A is called the "Safe Passage Act". That's right, it protects you from state laws as you travel through them.

    My Florida CWFL is recognized in all of the states I listed in my post above, so it's perfectly legal for me to go to each and every one carrying concealed as long as I abide by their laws. No requirement to stop, unload, put it trunk, etc. The Feds have no jurisdiction on my trip.

    You said:

    The Federal law would trump any state or local law, meaning it is illegal to carry a loaded[/i] firearm across state lines whether you have a permit or not.[/b]

    [/b]
    I'll say it one more time: You follow the law of the state you are in. If, and only if, you need protection from an anti-gun state law, you can rely on the protection offered by 18 USC 926A.



  19. #19
    Regular Member turbodog's Avatar
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    You said:

    brboyer wrote:
    My Florida CWFL is recognized in all of the states I listed in my post above, so it's perfectly legal for me to go to each and every one carrying concealed as long as I abide by their laws. No requirement to stop, unload, put it trunk, etc. The Feds have no jurisdiction on my trip.


    And you also said:

    brboyer wrote:
    Make sure you follow the Federal law on interstate transport while traveling. Paraphrasing: Gun and ammo separate, locked in trunk.


    So, explain which comment is correct please?

    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

  20. #20
    Regular Member turbodog's Avatar
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    If I'm wrong there's a whole lot of misinformation on the subject out there.

    Show me where we're all wrong brboyer.

    DRIVING INTERSTATE WITH FIREARMS? FEDERAL LAW PROVIDES "SAFE PASSAGE" THROUGH ANTI-GUN STATES
    By Bruce Colodny, Attorney at Law, Copyright 1997
    Cross-country driving is another potential "legal trap" for gun owners. Some areas of the United States, for example Massachusetts or New Jersey, have extremely restrictive firearms laws. However, gun owners who are eligible and comply with a provision of federal law may lawfully travel through such areas despite state or local laws to the contrary.
    In 1986, the 1968 Gun Control Act was revised by the enactment of the Firearms Owners' Protection Act ("FOPA"). Among the various FOPA provisions, the Act added 18 U.S.C. 926A (the "Safe Passage" act) to the Federal Criminal Code. This section applies to any person not prohibited under federal law from possessing firearms. Such persons may transport firearms from any place where they can lawfully possess and carry such firearms to any other place where they can lawfully possess and carry such firearms. For example a Florida gun owner may lawfully drive through Massachusetts to his ultimate destination in Vermont, provided he or she complies with the requirements of the federal "Safe Passage" act. Note, however, that it is not clear whether this act applies to transportation of firearms through the District of Colombia (Washington, D.C.).
    To obtain the protection of the federal "Safe Passage" act, the firearm must be unloaded and neither the firearm nor any ammunition may be readily or directly accessible from the passenger compartment of the transporting vehicle. There is a further requirement that in the case of a vehicle without a compartment separate from the passenger compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    Neither case law nor the "Safe Passage" act itself defines "unloaded". Therefore, this writer strongly recommends that all transported firearms be completely unloaded. More specifically, an empty firing chamber is not sufficient. Be certain there are no live rounds of ammunition in the cylinder, magazine or clip whether or not attached to the firearm. Again, magazines and clips should be unloaded even if not attached to the firearm.
    Another caution should be exercised when you are traveling in a hatchback, sport utility vehicle or motor home. Although such vehicles commonly have storage compartments, depending upon the configuration of a particular vehicle, factual questions may arise as to whether or not the storage qualifies under the Act as separate from the passenger or driver's compartment. In other words, unless your vehicle has a traditional trunk, this writer strongly recommends the use of both traditional locking hard-sided gun cases and separate locking hard-sided containers for ammunition. This is likely to be somewhat inconvenient but it is a small price to pay for the protection offered by the "Safe Passage" act against the severe (e.g. felony) penalties imposed by the anti-gun laws of some states.
    The actual text of the Safe Passage Act reads as follows:
    18 USC 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.
    __________________________________________________ ________________

    "Decommissioned" Guns Nearly As Good As Confiscation
    by Alan Korwin, Author
    Gun Laws of America

    ......Even the widely hailed federal "Firearm Transportation Guarantee" (law # 18 USC 926A) relies on decommissioned guns. It was enacted as part of the Firearm Owners Protection Act in 1986, to help counteract high levels of federal abuse under the 1968 Gun Control Act. It guarantees a person the right to transport a firearm from any legal place to any other, anywhere in the country. However, the firearm must be unloaded and locked in the trunk, rendering it useless. If you bear it in any manner while you travel, the protection does not apply.
    __________________________________________________ ___________________

    How Can I Legally Transport a Firearm Through Other States? You have a legal right under Federal Law to transport a firearm though any state of the Union provide you take a few simple steps, such as locking it in your trunk unloaded. This is a preemptive law -- local and state governments cannot take this right away from you, the Federal law preempts all local and state governments
    __________________________________________________ __________________

    ATF Regulations
    The Interstate Purchase / Sale and Transportation of a Handgun:

    May a non-licensee transport firearms for sporting or other lawful purposes?

    Yes. Federal law provides a person, who is not prohibited by the GCA from receiving or
    transporting firearms, the right to transport a firearm under certain conditions, notwithstanding
    state or local law to the contrary. The firearms must be unloaded and in a locked trunk or, in a vehicle lacking a trunk, in a locked container other than the glove compartment or console. Also,
    the carrying and possession must be lawful at the place of origin and destination. [18 U. S. C.
    926A, 27 CFR 178.38] 9_________________________________________________

    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    turbodog wrote:
    You said:

    brboyer wrote:
    My Florida CWFL is recognized in all of the states I listed in my post above, so it's perfectly legal for me to go to each and every one carrying concealed as long as I abide by their laws. No requirement to stop, unload, put it trunk, etc. The Feds have no jurisdiction on my trip.


    And you also said:

    brboyer wrote:
    Make sure you follow the Federal law on interstate transport while traveling. Paraphrasing: Gun and ammo separate, locked in trunk.


    So, explain which comment is correct please?
    Both.

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    turbodog wrote:
    If I'm wrong there's a whole lot of misinformation on the subject out there.

    Show me where we're all wrong brboyer.

    DRIVING INTERSTATE WITH FIREARMS? FEDERAL LAW PROVIDES "SAFE PASSAGE" THROUGH ANTI-GUN STATES
    By Bruce Colodny, Attorney at Law, Copyright 1997

    Cross-country driving is another potential "legal trap" for gun owners. Some areas of the United States, for example Massachusetts or New Jersey, have extremely restrictive firearms laws. However, gun owners who are eligible and comply with a provision of federal law may lawfully travel through such areas despite state or local laws to the contrary.
    In 1986, the 1968 Gun Control Act was revised by the enactment of the Firearms Owners' Protection Act ("FOPA"). Among the various FOPA provisions, the Act added 18 U.S.C. 926A (the "Safe Passage" act) to the Federal Criminal Code. This section applies to any person not prohibited under federal law from possessing firearms. Such persons may transport firearms from any place where they can lawfully possess and carry such firearms to any other place where they can lawfully possess and carry such firearms. For example a Florida gun owner may lawfully drive through Massachusetts to his ultimate destination in Vermont, provided he or she complies with the requirements of the federal "Safe Passage" act. Note, however, that it is not clear whether this act applies to transportation of firearms through the District of Colombia (Washington, D.C.).
    To obtain the protection of the federal "Safe Passage" act, the firearm must be unloaded and neither the firearm nor any ammunition may be readily or directly accessible from the passenger compartment of the transporting vehicle. There is a further requirement that in the case of a vehicle without a compartment separate from the passenger compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    Neither case law nor the "Safe Passage" act itself defines "unloaded". Therefore, this writer strongly recommends that all transported firearms be completely unloaded. More specifically, an empty firing chamber is not sufficient. Be certain there are no live rounds of ammunition in the cylinder, magazine or clip whether or not attached to the firearm. Again, magazines and clips should be unloaded even if not attached to the firearm.
    Another caution should be exercised when you are traveling in a hatchback, sport utility vehicle or motor home. Although such vehicles commonly have storage compartments, depending upon the configuration of a particular vehicle, factual questions may arise as to whether or not the storage qualifies under the Act as separate from the passenger or driver's compartment. In other words, unless your vehicle has a traditional trunk, this writer strongly recommends the use of both traditional locking hard-sided gun cases and separate locking hard-sided containers for ammunition. This is likely to be somewhat inconvenient but it is a small price to pay for the protection offered by the "Safe Passage" act against the severe (e.g. felony) penalties imposed by the anti-gun laws of some states.
    The actual text of the Safe Passage Act reads as follows:

    18 USC 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.
    __________________________________________________ ________________

    "Decommissioned" Guns Nearly As Good As Confiscation
    by Alan Korwin, Author
    Gun Laws of America

    ......Even the widely hailed federal "Firearm Transportation Guarantee" (law # 18 USC 926A) relies on decommissioned guns. It was enacted as part of the Firearm Owners Protection Act in 1986, to help counteract high levels of federal abuse under the 1968 Gun Control Act. It guarantees a person the right to transport a firearm from any legal place to any other, anywhere in the country. However, the firearm must be unloaded and locked in the trunk, rendering it useless. If you bear it in any manner while you travel, the protection does not apply.
    __________________________________________________ ___________________

    How Can I Legally Transport a Firearm Through Other States? You have a legal right under Federal Law to transport a firearm though any state of the Union provide you take a few simple steps, such as locking it in your trunk unloaded. This is a preemptive law -- local and state governments cannot take this right away from you, the Federal law preempts all local and state governments
    __________________________________________________ __________________

    ATF Regulations
    The Interstate Purchase / Sale and Transportation of a Handgun:

    May a non-licensee transport firearms for sporting or other lawful purposes?

    Yes. Federal law provides a person, who is not prohibited by the GCA from receiving or
    transporting firearms, the right to transport a firearm under certain conditions, notwithstanding
    state or local law to the contrary. The firearms must be unloaded and in a locked trunk or, in a vehicle lacking a trunk, in a locked container other than the glove compartment or console. Also,
    the carrying and possession must be lawful at the place of origin and destination. [18 U. S. C.
    926A, 27 CFR 178.38] 9_________________________________________________
    It's not my responsibility to teach reading comprehension skills over the interwebs.

  23. #23
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    So.....let me get this straight here. What you are saying is...



    I have a valid Florida CWL. I'm carrying concealed within my vehicle, perfectly legal in Floirda. I'm traveling to Georgia, who honors my Florida CWL by recipricosity agreement. Based on their laws, they also recognize my right to carry a firearm concealed in my vehicle.

    What you are saying, if I get your drift, is...just as I get to the Florida/Georgia state line, I have to pull over on the shoulder, remove and unload my firearm and toss it in the trunk separate of the ammo...THEN, after I drive a few feet past that line on the pavement between the Welcome to Florida/Welcome to Georgia signs, pull BACK over on the shoulder, retreive my firearm, reaload it and replace it back at my side concealed?

    Really? That's very interesting. I'm not sure how I've never heard that before. BOY..I Know a whole lotta people breaking the law every day who travel for a living. I'd better give them the 411.

  24. #24
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    JeepSeller wrote:
    So.....let me get this straight here. What you are saying is...



    I have a valid Florida CWL. I'm carrying concealed within my vehicle, perfectly legal in Floirda. I'm traveling to Georgia, who honors my Florida CWL by recipricosity agreement. Based on their laws, they also recognize my right to carry a firearm concealed in my vehicle.

    What you are saying, if I get your drift, is...just as I get to the Florida/Georgia state line, I have to pull over on the shoulder, remove and unload my firearm and toss it in the trunk separate of the ammo...THEN, after I drive a few feet past that line on the pavement between the Welcome to Florida/Welcome to Georgia signs, pull BACK over on the shoulder, retreive my firearm, reaload it and replace it back at my side concealed?

    Really? That's very interesting. I'm not sure how I've never heard that before. BOY..I Know a whole lotta people breaking the law every day who travel for a living. I'd better give them the 411.
    That's what Turbodog is saying, yes. :what:

  25. #25
    Regular Member turbodog's Avatar
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    JeepSeller wrote:
    So.....let me get this straight here. What you are saying is...



    I have a valid Florida CWL. I'm carrying concealed within my vehicle, perfectly legal in Floirda. I'm traveling to Georgia, who honors my Florida CWL by recipricosity agreement. Based on their laws, they also recognize my right to carry a firearm concealed in my vehicle.

    What you are saying, if I get your drift, is...just as I get to the Florida/Georgia state line, I have to pull over on the shoulder, remove and unload my firearm and toss it in the trunk separate of the ammo...THEN, after I drive a few feet past that line on the pavement between the Welcome to Florida/Welcome to Georgia signs, pull BACK over on the shoulder, retreive my firearm, reaload it and replace it back at my side concealed?

    Really? That's very interesting. I'm not sure how I've never heard that before. BOY..I Know a whole lotta people breaking the law every day who travel for a living. I'd better give them the 411.
    I've never heard of anyone being arrested on this charge alone. I tend to think it's one of those tag on kind of laws.

    You know, say your tooling along from Texas with a few keys of coke and get pulled over in Florida. Cops find the dope and OH, whats this! A loaded gun! Well now we can tack on a violation of Interstate Transportation of a Firearm.

    Nothing a cop is going to bother you over by itself.

    And let me make this clear, I'm NOT saying I agree with the law. I'm only pointing out the wording of the law and making a supposition based on that wording. The examples (culled from the web) of other peoples opinions given in a previous post of mine, support my supposition. So I'm not the only one that reads it that way.

    brboyer is clearly out of his league in this discussion, so I if anyone else out there has a dissenting opinion on the wording of the statute and is willing to say more than "because I say so", please chime in so that I can "learn".
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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