Transportation Question for Road Trip

[chunger]

I'm taking a long road trip with the wife this summer and one stop along the will will be a carbine class in TN. As such, I will be traveling with 2 featureless OLL's, 2 handguns, and related support gear and ammunition.

I have Utah CCW and know that in most cases, traveling with firearms unloaded and in a locked container will do. Here are the states on the route:

http://i7.photobucket.com/albums/y274/chungsteroonie/roadtrip.jpg

CA
NV
ID
WY
SD
MN
WI
IL (Chicago)
IN
OH
PA
NY
MA (Boston)
CT
NJ
DE
MD
VA
NC
SC
GA
TN
AR
MO
KS
CO
UT

I was wondering if there are particular legal issues I should be aware of in any of these states. . . do I need to adjust my route and just skip sections? The school in TN has a shop with FFL, so it would be possible for me to mail firearms to them. If that is the only way to go, I would rather do so from somewhere closer, but I figure Fedex has offices all over the country.

Any input would be greatly appreciated.

[Maestro Pistolero]

Dude, your thread starter is set to '2 round burst'

[chunger]

I would assume the PRK transportation requirements to be the most restrictive
of any State. In the event of uncertainty of any States regulation use the PRK as a default.

The following is from preliminary research, so it may not be accurate, and I'm hoping people here can correct me if I'm wrong. I don't want to spread unnecessary FUD, but I also don't want to go to jail :0

I'm reading that possession of an "AR15" is illegal in Boston. What I don't know is if a featureless semi-auto rifle based on a Stag 15 is considered an "AR15" or if only Colt AR15's are prohibited.

From what I read about new york state, you cannot posses a handgun as an out of state traveler unless you are going to an NRA sanctioned competition, have on hand the schedule for the event and proof of your entry, AND have a "handgun license" from your home state. I don't know if HSC counts as "handgun license". I figure I can enter a sanctioned competition of some sort somewhere, but the license from home state is tricky.

Pennsylvania, you have to obtain a temporary handgun permit from a local Sheriff's office in order to transport a handgun?

These 3 hitches are making me think I may have to ship firearms from Indiana to the school's FFL or, skip Boston and go directly from Indiana to Maryland, but we had some friends we wanted to visit in Boston. . . maybe take a short flight from Maryland up to Boston w/o firearms instead of driving through NY.

[Quiet]

Fed law protects you while driving through unfriendly states (NY/NJ).
Keep firearms unloaded and in locked containers.
However, if you stop/stay in those states, then you will have to conform to those state laws.
So, drive through those states and don't make any extended stops.


US Code Title 18 Part 1 Chapter 44 Section 926A
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.

[chunger]

If this is the case (protection under federal law), is it legal for instance for a Texas resident to travel across the state borders and through California in a car with an unregistered AW (according to CA law) and lawfully acquired standard capacity magazines (from texas).

Does federal protection trump state law that prohibits import of standard cap mags? Or is it not considered importing because they are just traveling through? They were legally acquired and we are assuming at the destination, they are legal to possess and use (ie. a 3 gun match in Washington).

If all is legal, what kinds of trouble could an overly zealous police officer and DA put such a traveler through (even if vindicated in the end)? Could there likely be felony charges to defend?

[IGOTDIRT4U]

In May I traveled from So Cal to eastern Ohio via I70, and then went back down through MO to get to the I40 to get home. I used the posted USC as the basis for my transporting my variety of weapons.

Let me add this; unless you look like trouble, or get into trouble, it is highly unlikely you will be in the spotlight for the law to even intervene in your travel plans. I find that the farther I get away from CA the less the local PD even look at me. To them, it might be more hassle than it is worth, unless you are really doing something to catch their attention.

[Glock22Fan]

Maybe I'm over-cautious, but I wouldn't take anything into N.Y. however it was carried. There was a guy last year (earlier?) who was on a plane trip with a change of planes in N.Y. For some unplanned reason, a missed flight or something like that, he had to make an unscheduled overnight stop there so he reclaimed his luggage. When he checked back in, he was arrested and spent something like three days locked up, then charged with illegal possession of a handgun, properly locked up in his case. Apparently he would have been fine if he had flown straight through, but because he stopped overnight it wasn't protected by Federal rules.

I'm pretty sure that it is also illegal to bring into California anything that's illegal in California, however carried. Certainly hi-caps would be "Imported" unless you had previously owned them in California, and therefore would be illegal.

Maybe one wouldn't get stopped/caught, but you have to ask yourself is it worth it? After all, you might get involved in an accident and, while you are taken to hospital, the police remove your possessions from your totalled car for "safe keeping." Or maybe anything they would find would be protected from being evidence in an ensuing law suit, because they had no cause to assume there was anything wrong -- but that wouldn't stop them keeping it.

In any event, I personally wouldn't risk it.

[Auto-5]

My understanding of Federal protections for transporting arms apply when the firearm in question is legal for you to possess in the place you start and at your destination.
Neither the handguns or ARs are legal for you to possess in Massachusetts and its unlikely you would be granted the temporary permits required to make it legal.
I deer hunt with my dad each fall bringing my slug gun with me. Its legal with the hunting license I buy online, before I get there. I wouldn't mess with MA. Possession laws include mandatory jail time etc.
Ship your gear and relax and enjoy you trip. Boston is a great town. Eat lobster, ride the duck boats and pub crawl. Don't forget Fenway!

[Untamed1972]

Let me add this; unless you look like trouble, or get into trouble, it is highly unlikely you will be in the spotlight for the law to even intervene in your travel plans. I find that the farther I get away from CA the less the local PD even look at me. To them, it might be more hassle than it is worth, unless you are really doing something to catch their attention.

Except that in some states a CA plate on your car is like a big "Come FK with me" sign.

[st.clouds]

Maybe I'm over-cautious, but I wouldn't take anything into N.Y. however it was carried. There was a guy last year (earlier?) who was on a plane trip with a change of planes in N.Y. For some unplanned reason, a missed flight or something like that, he had to make an unscheduled overnight stop there so he reclaimed his luggage. When he checked back in, he was arrested and spent something like three days locked up, then charged with illegal possession of a handgun, properly locked up in his case. Apparently he would have been fine if he had flown straight through, but because he stopped overnight it wasn't protected by Federal rules.


I thought the guy won the case? Or was that another guy?

[CSACANNONEER]

Some states have "hi-cap" bans. I would not consider stopping in Mass, NJ, NY (I think), etc. without first knowing all relevaent laws. Federal law allows you to transport firearms through unfriendly states without stopping for anything but gas. But, I doubt the same law applies to mags.

[Glock22Fan]

I thought the guy won the case? Or was that another guy?

Even if he did, did that make up for the nights in lock up, do you think?