imported post
mrjam,
If you are driving THROUGH a state, and not stopping, then FOPA applies. State and local transport laws ONLY apply if you stop for an extended time--but there are SPECIFIC provisions in FOPA that exclude brief stops for gas, meals, or "comfort".
Being pulled over by the police for a traffic infraction, however, DOES NOT constitute you "stopping" with regards to FOPA coverage...
The "no ammo in a magazine" rule that some states have is a little iffy. If you are traveling under the conditions of a FOPA transport, then magazines can be loaded, just not in the gun.
The "separate containers" rule is another issue that many LEO's either choose to twist around, or are ignorant about. Nowhere in FOPA does it say that firearm and ammo have to be in separate containers. They must be "in a container" that is "not readily accessible from the passenger compartment". Like in your trunk, or in the back of an SUV.
The whole purpose of FOPA was to over-ride strict state and local gun laws for travelers, and to prevent states like MD and NY from arresting people for legally transporting firearms during lawful interstate travel.
Regardless of what the LEA's in such states believe, the fact remains that FOPA trumps their local laws. Period. End of discussion. Any local or state LEO who tries to enforce local laws in a FOPA transport situation is looking at a big fat lawsuit, and potentially a Federal suit as well...
Perhaps I need to make a brochure with the exact wording of the FOPA codes that people can put in their gun cases when they travel. That would be VERY handy, and would let any out-of-line LEO know as soon as they opened your case that they were "on notice" and you know your rights, without having to say a word.
Know the law.
Travel Safe.