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Thread: Road Trip

  1. #1
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    Road Trip

    In a month I'm driving to North Carolina
    I have a Utah permit.
    Any advice?

    Anything special I should do because I have a Utah permit not each state permit. It shouldn't matter correct.
    If stopped anything special I need to stay or do because of the Utah permit? Are the cops going to know what to do?

    Anything special I should know about:
    Like required to tell police you have a gun?
    Conceal only or Open only areas to worry about?
    Magazine limits?
    Any special cities laws/ordinances to know about, I'll be near and in Charlotte.
    I conceal carry but loosely just a Tee shirt so any open carry issues/printing/brandishing I should know about NC
    Anything else you can think of?

    I know NY, NJ and Maryland don't accept the permit so the gun will be locked in one a mini gun vaults lock box, in the trunk.
    I know it has to be unloaded ammo needs to be separate how far away is separate like in a different bag in the trunk OK?
    Per Federal Law I should be good to transport/travel through.
    Should I carry copy of the law with me? Where can I get a copy of the law?

    I've been reviewing the laws here http://www.handgunlaw.us/
    I just want to make sure they are up to date and if you guys had any advice.

    NC wording is weird about the restaurant carry can someone please clarify.

    I plan on driving straight through Virgina but anything come to mind with Virgina I should know.


    Thank you
    ~Justin.

  2. #2
    Regular Member Tactical9mm's Avatar
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    When driving through New York, and New Jersey on your way to North Carolina I would be EXTREMELY careful. Even though you are fully FOPA compliant, getting nailed there with gear in the trunk could cause you some serious hassle. Check the NY/NJ forums here at OC.org for more specific information.

    My best advice when driving through these two States is to make sure you obey all motor vehicle laws, and make sure your vehicle is in good working condition (with all the lights functional, etc.). Don't give anyone a reason to pull you over, and just soldier through their jurisdiction while being fully compliant with all Federal firearm transport laws.

    If you plan on carrying versus transporting after running the NY/NJ gauntlet, I would encourage you to check with the nraila.org site to determine what the carry laws are in the States you intend to carry in. Obviously, research your own Utah Permit reciprocity pursuant to this.

    Good luck.
    Last edited by Tactical9mm; 08-08-2011 at 05:43 PM.

  3. #3
    Regular Member Freiheit417's Avatar
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    Quote Originally Posted by customcreationllc View Post
    In a month I'm driving to North Carolina

    NC wording is weird about the restaurant carry can someone please clarify.
    From North Carolina General Statute G.S. 14-269.3

    (a) It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

    Per NC law, one cannot carry in restaurants that sell alcohol to be consumed on-premise. This section also prohibits carry in any place that charges admission (movie theaters, museums, amusement parks, etc). I believe they tried to change the law this year, but the bill failed.

    "Posted" places are prohibited too - signs have the weight of law. State Parks are currently no-carry as well, but I think that changes December 1, 2011.


    I'm sure you can find more in the NC forum.

    Good luck!


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  4. #4
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    Thank you

    I didn't realize NC was such an anti gun state.
    I was expecting the opposite.

  5. #5
    Regular Member brk913's Avatar
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    Quote Originally Posted by Tactical9mm View Post
    When driving through New York, and New Jersey on your way to North Carolina I would be EXTREMELY careful. Even though you are fully FOPA compliant, getting nailed there with gear in the trunk could cause you some serious hassle. Check the NY/NJ forums here at OC.org for more specific information.

    My best advice when driving through these two States is to make sure you obey all motor vehicle laws, and make sure your vehicle is in good working condition (with all the lights functional, etc.). Don't give anyone a reason to pull you over, and just soldier through their jurisdiction while being fully compliant with all Federal firearm transport laws.

    If you plan on carrying versus transporting after running the NY/NJ gauntlet, I would encourage you to check with the nraila.org site to determine what the carry laws are in the States you intend to carry in. Obviously, research your own Utah Permit reciprocity pursuant to this.

    Good luck.
    I agree with NY who ignores FOPA and makes you use it as an affimative defense, however, in NJ they have passed specific rules regarding transporting into and through NJ. It's pretty clear, if you follow FOPA to the letter, make sure you are carrying proof you are legal where you are coming from and where you are going to and they will let you pass. See their NJSP Site: http://www.njsp.org/about/fire_trans.html

    All firearms transported through the State of New Jersey:

    The following guidelines are provided in order to assist law enforcement officers in applying New Jersey's firearms laws to persons who are transporting firearms through the State of New Jersey.
    I. New Jersey laws governing firearms permits, purchaser identification cards, registration and licenses do not apply to a person who is transporting the firearm through this State if that person is transporting the firearm in a manner permitted by federal law, 18 U.S.C.A. 926A.

    II. This federal law permitting interstate transportation of a firearm applies only if all of the following requirements are met:

    A. The person's possession of the firearm was lawful in the state in which the journey began;

    B. The person's possession of the firearm will be lawful in the state in which the journey will end;

    C. The person is transporting the firearm for lawful purpose

    D. The firearm is unloaded

    E. The firearm is not directly accessible from the passenger compartment of the vehicle

    F. The ammunition is not directly accessible from the passenger compartment of the vehicle

    G. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console;

    H. The person is not
    1. a convicted felon
    2. a fugitive from justice an addict or unlawful user of drugs, or
    3. an illegal alien

    I. The person has not
    1. been adjudicated to be a mental defective
    2. been committed to a mental institution
    3. been dishonorably discharged from the armed forces, or
    4. renounced his United States Citizenship

    III. A person who is transporting a firearm though the State of New Jersey in the manner permitted by person's possession 18 U.S.C.A. 926A, see Section II above, need not give notice.

    IV. Procedures for Investigation of Conduct Involving the Possession or Transportation of Firearms

    A. An officer who reasonably suspects that a person is transporting a firearm in violation of New Jersey law should make reasonable inquiries in order to confirm or dispel that suspicion.

    B. In a case where circumstances reasonably indicate that the person's possession and transportation of the firearms my be permitted by 18 U.S.C.A. 926A, the officer should make reasonable inquiries in order to determine whether the person's possession is permitted by that federal law.

    C. If reasonable inquiries lead an officer to conclude that the person's possession is lawful under either New Jersey law or 18 U.S.C.A. 926A, as described above in Section II, the officer should promptly allow the person to proceed.

    D. Whenever an officer has probable cause to believe that a person's possession of a firearm is in violation of New Jersey law and not permitted by 18 U.S.C.A. 926A, as described above in Section II, then the officer should make an arrest.

  6. #6
    Regular Member Tactical9mm's Avatar
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    I stand corrected on New Jersey, and this information is appreciated.

    I would still advise caution to any transporter while in their jurisdiction, as the concept of having to provide "proof of legality" from start area and final destination area of your trip, implies the doctrine of guilt until proven innocent.

    Best not to get pulled over in the first place.

  7. #7
    Founder's Club Member thebigsd's Avatar
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    Once you hit VA, you should be good to open carry through our state. Gold Star open carry. We have total state-wide pre-emption. There are very few places where carry is illegal. If you have any specific questions about VA feel free to PM me. I will respond with answers and the appropriate cites. I hope you have a great trip.
    "When seconds count between living or dying, the police are only minutes away."

  8. #8
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    Its very simple:

    1) where your Utah permit is valid, carry however you want.
    2) where your Utah permit is NOT valid, carry according to the Safe Passage part of the FOPA. (How you carry in accordance with the FOPA varies by what kind of vehicle you have and whether you can access the cargo area from the passenger compartment. So look up the law and read it yourself.)

    NY does not actively ignore FOPA other than at the airports. I've not heard of anyone who was in compliance with FOPA of ever having trouble on the Interstates.

    If you want a knowledgeable answer call the state AG office and speak to a Deputy AG. Get his name and number if he says FOPA covers you. Better yet, have him send you an email. Don't ask cops, they don't know the law. If your risk tolerance is zero, ship the gun.

    Don

    p.s. I'd keep a copy of the Safe Passage portion in with my guns.
    Last edited by dcmdon; 08-11-2011 at 03:23 PM.

  9. #9
    Regular Member Tactical9mm's Avatar
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    Here's an interesting thread on the topic from the NY forum here at OC.org.

    http://forum.opencarry.org/forums/sh...n-LEO-Opinion)

  10. #10
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    Thanks I'm printing out the US Title 18 926a law and keeping it in my lock box.

    I got to PA a lot so I'm always going through NY I never got stopped but you never know when my luck is going to run out.

    I drive a P/U most of the time, so no trunk.
    I have locking truck boxes maybe I'll start keeping it in that.
    But I keep the gun in a lock box, one of the mini vault key style.
    Unloaded of course but I didn't know the ammo had to be locked up too I just put the ammo in a bag.
    I'll keep the ammo in the lock box from now on. Oops.
    I thought for some reason the gun and ammo had to be separate, reading it now I think they can be together. Not much room in my little box.
    I also wear the holster while I drive so once I'm in PA I just slap it back in, maybe not the best Idea but I'm not doing anything illegal.

    Maryland doesn't accept Utah either but at least that is short.
    I'm going to avoid NJ all together I have hollow points so that would be bad.
    I just wanted to know of any stupid laws like Hollow points Mag size etc that normally wouldn't know.
    And required to tell the cops you have a firearm I now know NC is a required to tell the cops.

    I didn't think about admission to equal places like movie theaters and stuff.
    NC sounds like it sucks I feel even better about CT now.

    Thanks for your support.
    ~Justin
    Last edited by customcreationllc; 08-11-2011 at 04:05 PM.

  11. #11
    Regular Member brk913's Avatar
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    Quote Originally Posted by Tactical9mm View Post
    Here's an interesting thread on the topic from the NY forum here at OC.org.

    http://forum.opencarry.org/forums/sh...n-LEO-Opinion)
    Thanks for pointing that out it's a good read....

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