Transporting Handguns Across country

Discussion in 'Concealed Carrying & Personal Protection' started by greenr19, Apr 20, 2008.

  1. greenr19

    greenr19 New Member

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    I currently live in New Mexico where the handgun laws aren't that strict. I own three handguns, however in a couple of months I will be getting out of the military and moving home to Upstate New York. I am in the process of getting a pistol permit in New York, but it takes awhile and I will not have it by the time I move home. I plan on keeping them with my uncle who has a permit. The question is can I drive home with my handguns without getting in trouble?
     
  2. RISQUE1

    RISQUE1 New Member

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    Well that is a positive maybe

    I would advise you to make sure all weapons are unloaded and stored in a locked box in your trunk of your car also make sure the ammo is locked up.

    Before leaving get a copy of federal law: :D "Title 18--part1--chapter 44 and carry it with you.

    If you fly, be careful which airports you use. :mad:La Guadia in New York will try and arrest you if you try to check a weapon. Make sure you have a copy of the law with you.

    I'm a retired cop and they tried arresting me. Wasn't a happy day.
     

  3. bertnog50

    bertnog50 New Member

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    guns in new york

    transporting handguns is covered by federal..concealed carry is mandated by the state
    Q: do you have to have a permit to own a handgun in New York???
     
  4. RL357Mag

    RL357Mag New Member

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    You do need a permit to own, to carry, to buy, and to shoot in NY.
     
  5. RL357Mag

    RL357Mag New Member

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    No! Transporting a handgun across State lines, especially without a permit, is a violation of Federal Law. Most states also do not have a reciprocity clause, so even if you are licensed in one state, if you travel into another state that doesn't recognize your permit you can be arrested.
     
  6. jeepcreep927

    jeepcreep927 New Member

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    http://www.nraila.org/GunLaws/Federal/Read.aspx?id=59

    NEW YORK--The transportation of handguns is prohibited except by a resident with a license to carry.

    A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a separate locked container.

    Nonresident target shooters may enter or pass through New York State with handguns for purposes of any NRA-approved competition if the competitor has in his possession a copy of the match program, proof of entry and a pistol license or firearms registration card from his state of residence. The handgun must be unloaded and transported in a fully opaque container.

    New York State has strict laws governing illegal possession of handguns which can result in a possible seven-year jail sentence for offenders.

    Caution--New York law presumes that an individual stopped in possession of five or more handguns, without a state permit, possesses the handguns for illegal sale, thus subjecting this person to an increased sentence.

    Caution--New York is the only state that prohibits the transportation of handguns without a license. Travelers should therefore be particularly careful since they face severe consequences should they inadvertently violate the state's highly restrictive statutes.
     
  7. Mark F

    Mark F New Member Supporter

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    Only in New York....
     
  8. Bozz

    Bozz New Member

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    Transporting of firearms

    This site has links to most U.S. states concealed carry laws.

    http://handgunlaw.us

    Bozz
     
  9. Defender

    Defender New Member

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    No, it's not a violation of federal law.

    It's a matter of state law. You can travel in MANY other states with a handgun, as long as you are in compliance with the laws of that state.

    Reciprocity agreements are pretty common these days, with some states having reciprocity with over thirty other states.
     
  10. c3shooter

    c3shooter Administrator Staff Member

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    Gents, there is a WORLD of difference between TRANSPORTING a firearm, and CARRYING a firearm- especially concealed. There is NO permit to "transport across a state line"- unless you are speaking of a class III weapon, and getting approval from the ATF.

    You may only CARRY (concealed) in a state that recognizes YOUR concealed carry license. Frinstance, I am a VA resident, have a VA CCW, but the state of West VA recognizes my CCW. New York does not.

    FEDERAL law- the Peaceable Traveler Act- says if possession of a given arm is legal at your origin, and at your destination, you may unload it, case it, lock it in the trunk, and drive. STATE law cannot supercede this law- has a "no pre-emption" clause. Look it up- US Code, Title 18. Now, will agree that some places (New York) may not be paying attention to the Federal Law:cool:- but law allows you to TRANSPORT an arm.
     
  11. user4

    user4 New Member

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    This is correct. I looked into this in great detail a month ago.
     
  12. hdaman

    hdaman New Member

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    VA

    Have him him meet you in VA.
     
  13. matt g

    matt g New Member Supporter

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    Makes me glad to be living in Cali.
     
  14. jeffware

    jeffware New Member

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    travelers guide to firearms laws

    i ran upon this thread from 2008, but folks may find it helpful. there is a publication "traveler's guide to the firearms laws of fifty states". author is j. scott kappas, esq. this is a must have item if you intend to travel across state lines with any firearm. the difference in state laws and penalties can be very diverse. there are states with reciprocal concealed carry laws. other states may have shocking penalties for even tranporting an unloded handgun in your trunk. massachusetts comes to mind as being super strict. please take every effort to learn all laws for each state you plan to cross. for one example, my fl concealed weapon license is valid in pa, but only for a pistol, not for a knife, like in fl. jeff.
     
  15. theory71

    theory71 New Member

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    Fopa

    moving from FLA to Missouri in a week or two and came across some good info. I don't have a CCW, but am planning to put my 4 handguns in a safe (unloaded) and have ammo locked in another box in the the back of my truck that has a locking camper shell.

    (compiled from various sources)

    ----------------------

    The Firearm Owners' Protection Act (FOPA), Pub. L. No. 99-308, 100 Stat. 449 (May 19, 1986), codified at 18 U.S.C. § 921 et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.



    § 926A. Interstate transportation of firearmsNotwithstanding 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.

    "Safe passage" provision
    One of the law's provisions was that persons traveling from one place to another for a shooting sports event or any other lawful activity cannot be arrested for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver's compartment, in a locked container.[5]

    An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloadedhandgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time.
     
  16. theory71

    theory71 New Member

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    no CCW, moving with guns

    my biggest dilemma is whether or not to tell a cop they are in the back and secured if stopped for some reason?!
     
  17. theory71

    theory71 New Member

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    disclosure

    Thanks for the feedback!

    I fully intend on having them all locked in separate boxes / safes, etc.

    that much is clear...

    any thoughts on disclosing them in the back if stopped for a simple traffic violation?

    ...I am leaning towards not telling unless asked.

    States travelling through: Florida, Georgia, Alabama, Tennessee, Arkansas, Missouri.


    Any feedback would be greatly appreciated!