A question of obeying the law

fragtagninja

New member
Hey guys I would first like to wish everyone a good day and say thank you in advance for the responses. Now down to business. I was wondering if anyone knew a good place to check up on the rules for taking your gun on vacation.

I live on the border our two states and I'm not even sure if I can take my gun with me to s hop for a new holster since the bigger stores all within my southern neighbor. I'm new gun owner if you can't tell.
 
http://handgunlaw.us/

This is one of the best places to start.

The key thing to remember is that you must follow the laws of the state you are physically in at the given time.

If you want to ask specific questions, your location and where you will be traveling to would be helpful.
 
Sarge: It is not lawful for LE to give legal advice in any state I know of.

Legal advice needs to come from a lawyer.

www.handgunlaw.us has the best and most current possible writeups and links to the individual state laws. Best to read the law yourself.
 
Nonsense... questions about criminal law are standard fare around copshops and it's no more illegal (or inaccurate) for them to read you the law--from a live link to the statute--than it is to post a link to it here.
 
Nonsense... questions about criminal law are standard fare around copshops and it's no more illegal (or inaccurate) for them to read you the law--from a live link to the statute--than it is to post a link to it here.

While it may be standard fair, I think there are enough examples out there that the cops sometimes don't know the law well enough themselves to be asked questions regarding things that may have serious repercussions for a private individual trying to do the right thing.

Better to read the law for yourself than to rely on someone who may not give accurate information.
 
Sarge, that is bad advice.
Most cops don't know or won't say. But often they will just say "you can't do it". Law enforcement is a CYA job.
 
There is an excellent app for smart phones; search your app store for Legal Heat ... covers all 50 states, updates with new info pretty frequently and you'll always have it with you as you travel ...
 
I wouldn't feel assured with the response from any law enforcement officer asked specific questions relating to state firearms regulations. (Well perhaps simple questions). There is no way to determine whether or not their personal bias isn't reflected in their answer. Let alone it being the correct one. I can just see using this as an affirmative defense to firearms changes. "Well the cop said it was alright."

When I have a question regarding state firearms laws, I go to the state statutes and ordinances for my answers.
 
Fragtagninja, I would take all advice by whomever, cop or forum master, with a grain of salt and do your own research about State Statutes covering firearms.
 
dajowi said:
I wouldn't feel assured with the response from any law enforcement officer asked specific questions relating to state firearms regulations. (Well perhaps simple questions). There is no way to determine whether or not their personal bias isn't reflected in their answer. Let alone it being the correct one. I can just see using this as an affirmative defense to firearms changes. "Well the cop said it was alright."

I don't feel assured either, and I've been a cop for over 30 years. Most cops don't know gun law as well as the average citizen and there is a whole lot of misinformation our there.

Handgunlaw.us is about the best available resource for casual questions.

The NRA-ILA also has a handy guide you might use as a resource.
 
Reciprocity changes all the time. A few weeks ago, Nevada decided to stop recognizing Arizona's CCW permit. It took handgunlaw.us a couple days to get the changes up.

Handgunlaw.us is an excellent resource, but checking your own state's public safety office, and that of the state you wish to travel in will at least help to get the most up to date info.
 
In SC working right now, my atty asked me about carrying concealed on my person while in a car.
I said with a Concealed Carry Permit no problem. .
He has a case with SLED charging a client for carrying on his person, with a permit, in his car.
I looked at the SLED website and their copy of the law is pre-2007!!
Which is when the law was changed.
If you look at the SC Legislature site, there's an additional paragraph in the law (added in 2007) that is omitted on the SLED site.

Moral of this story ...
Do your own research and if in doubt with new laws being widely known to LEOs ... carry a copy.
That way he can say in court, yes I did read the law the defendant showed me, and yes I did ignore what it said.
 
Welcome to TFL, xtphreak!

A more likely scenario, IMO, is that the officer will decline to read it, and then testify, "Yes, the defendant tried to hand me some paper. I don't kno what it was, because I didn't read it." Even if the officer does read it, he's not obliged to believe that the document handed to him by the driver is what the driver claims it to be, or that it means that the driver claims it means.
 
Even if the officer does read it, he's not obliged to believe that the document handed to him by the driver is what the driver claims it to be, or that it means that the driver claims it means.
In several states, carry permits are a form of affirmative defense. That is, you're assumed to be engaged in unlawful activity until you can prove otherwise, usually by producing documentation. However, law enforcement isn't bound in such cases to accept the documentation. Affirmative defense is generally applied at the trial level, not the arrest level.
 
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