Metal Head
New member
I don't have any plains to do it, but I was wondering about carring a handgun across state lines. I'm not talking about concealed, just wearing it. If it's registered in your home state can you wear it in another?
Carring a weapon across state lines.
- Thread starter Metal Head
- Start date
Check out www.packing.org
As a rule, you should be safe if:
The gun is unloaded and stored in a locked container, with ammunition stored separately, out of the reach of the people in the car.
With that in mind, be very careful when traveling. For instance, if you enter the Chicago city limits with a handgun, you have just committed a felony and will be arrested if you are found out.
In CA, even while traveling, if you have a firearm that is NOT on the approved list--or even worse, have a gun that is on the prohibited list--you have committed a felony.
I know of only three states where you can open carry without problems--Arizona, Vermont and Alaska.
As a rule, you should be safe if:
The gun is unloaded and stored in a locked container, with ammunition stored separately, out of the reach of the people in the car.
With that in mind, be very careful when traveling. For instance, if you enter the Chicago city limits with a handgun, you have just committed a felony and will be arrested if you are found out.
In CA, even while traveling, if you have a firearm that is NOT on the approved list--or even worse, have a gun that is on the prohibited list--you have committed a felony.
I know of only three states where you can open carry without problems--Arizona, Vermont and Alaska.
If you do desire to take a handgun while visiting other states, even if you do not want to carry it concealed, you might consider getting a Florida non-resident concealed weapon license (or resident if you do happen to live in Florida). Florida will issue it to any qualified person in the US, regardless of state of residence, and it is accepted in around 26 states (28 if Florida resident). You then don't have to worry about satisfying the individual state transport laws in any states covered by the CCW.
novus collectus
Moderator
Check out the laws on the NRA website for how to transport in your vehicle. I am not a lawyer, but the way I understood it is that if you are just passing through, they cannot charge you with a felony (just talking about the gun in the car and not CC). Please do not take my word for it and please find out for yourself .
I will give you an example: In Washington D.C. all guns are illegal, but if I travel through it with my handgun in my car on the way to a range in the next state, then I have, really, broken no law. Although it is on the D.C. lawbooks that I had broken the law, the interpretations of the federal law is that the states cannot restrict interstate transportation of any firearm owned legally in the persons home state. D.C. has said that they will not pursue legal action against someone who travels through their city as long as you do not stop, even for gas.
You still have to check out the state laws to see how you are supposed to transport (IIRC). For instance, in Md you just have to have the gun in an enclosed holster and it has to be unloaded. Md has no law that says you have to have the gun in the trunk or that the ammo has to be unreachable (a cop may say different though, but that is the way I read the law). In N.Y. (IIRC) you have to have the gun disassembled, in a see through plastic container and in the trunk.
I assume that because you have to obey the transportation laws of each state, that whenever you get to a state line you have to change the way you have your gun. (i.e. move it from the glovebox to the trunk, take it off your hip and put it in a see through plastic container in the trunk, take it apart and put each part in ten different places in the car and have them all seperatly locked, etc.)
I will give you an example: In Washington D.C. all guns are illegal, but if I travel through it with my handgun in my car on the way to a range in the next state, then I have, really, broken no law. Although it is on the D.C. lawbooks that I had broken the law, the interpretations of the federal law is that the states cannot restrict interstate transportation of any firearm owned legally in the persons home state. D.C. has said that they will not pursue legal action against someone who travels through their city as long as you do not stop, even for gas.
You still have to check out the state laws to see how you are supposed to transport (IIRC). For instance, in Md you just have to have the gun in an enclosed holster and it has to be unloaded. Md has no law that says you have to have the gun in the trunk or that the ammo has to be unreachable (a cop may say different though, but that is the way I read the law). In N.Y. (IIRC) you have to have the gun disassembled, in a see through plastic container and in the trunk.
I assume that because you have to obey the transportation laws of each state, that whenever you get to a state line you have to change the way you have your gun. (i.e. move it from the glovebox to the trunk, take it off your hip and put it in a see through plastic container in the trunk, take it apart and put each part in ten different places in the car and have them all seperatly locked, etc.)
reading is key!
I'm not talking about concealed, just wearing it.
that does not sound like he is transporting it in the back of his car...
but, if that is what he is asking for, he maybe covered by the federal law, regarding interstate transport of a firearm
http://www4.law.cornell.edu/uscode/18/926A.html
TITLE 18 PART I CHAPTER 44 Sec. 926A.
Sec. 926A. - Interstate transportation of firearms
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
I'm not talking about concealed, just wearing it.
that does not sound like he is transporting it in the back of his car...
but, if that is what he is asking for, he maybe covered by the federal law, regarding interstate transport of a firearm
http://www4.law.cornell.edu/uscode/18/926A.html
TITLE 18 PART I CHAPTER 44 Sec. 926A.
Sec. 926A. - Interstate transportation of firearms
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
Metal Head
New member
Ok, here's an example of what I'm asking. I live in N.C. my gun is registered here. Can I go to Tenn. and put it on my belt and walk around as I would in my home state?
http://www.packing.org/state/index.jsp/tennessee
*IF* you have a concealed weapons permit in NC, you can carry conceal in Tenn.
Tenn has no general "open carry", except as provided:
Open Carrying/Exposed Firearms
Although Tennessee law does not explicitly authorize the open carrying of firearms, under Tennessee Code § 39-17-1308 a person may raise certain defenses to the crime of unlawful possession or carrying of a weapon under section 39-17-1307. These include the possession or carrying of:
An unloaded firearm not concealed on or about the person, where the ammunition for the weapon is not in the immediate vicinity of the person or weapon;
A concealable handgun by a person with a valid handgun carry permit;
Any firearm at the person’s place of residence or place of business;
A firearm when lawfully hunting, trapping, fishing, camping, or sport shooting; or
A rifle or shotgun while engaged in the lawful protection of livestock from predatory animals.
http://www.lcav.org/states/tennessee.asp#carryingconcealedweapons
You will have to ensure you abide by the states hunting regulations, if you are doing so.
*IF* you have a concealed weapons permit in NC, you can carry conceal in Tenn.
Tenn has no general "open carry", except as provided:
Open Carrying/Exposed Firearms
Although Tennessee law does not explicitly authorize the open carrying of firearms, under Tennessee Code § 39-17-1308 a person may raise certain defenses to the crime of unlawful possession or carrying of a weapon under section 39-17-1307. These include the possession or carrying of:
An unloaded firearm not concealed on or about the person, where the ammunition for the weapon is not in the immediate vicinity of the person or weapon;
A concealable handgun by a person with a valid handgun carry permit;
Any firearm at the person’s place of residence or place of business;
A firearm when lawfully hunting, trapping, fishing, camping, or sport shooting; or
A rifle or shotgun while engaged in the lawful protection of livestock from predatory animals.
http://www.lcav.org/states/tennessee.asp#carryingconcealedweapons
You will have to ensure you abide by the states hunting regulations, if you are doing so.
Metal Head
New member
Tenn. was just an example. I guess you have to check with the laws for each state you go to. What a pain in the butt.
WillBrayjr
Moderator
Hey Novus, what happens if you hit a redlight in Washington DC???
Yeah, it's a pain, but whenever a federalism discussion comes up here or on THR, inevitably a few righteous posters decide that state sovereignty is more important than the 2nd amendment, and would rather the federal government do nothing to fix the situation.
This is not 1776. More people move and travel from state to state, and much more often. There needs to be more uniformity in weapons laws, but not if it means states with good weapons laws have to make them worse to match CA or most of the northeast. Perhaps there could be a federal law carving out an exception for people who violate other states' laws while carrying weapons in a manner that's legal in their home state. The federal government might not have the authority to grant immunity to state laws, but something like that would be really nice.
novus collectus
Moderator
Then you gotta pay for the light post
I think the only time they care is if you have to do something where you have to get out of the car. They may say something about drive-thrus, but then they would be discriminating against diabetics who have to stop every now ands then to snack so they don't go into shock.
WillBrayjr
Moderator
Funny Novus, LOL