Federal Firearms Transportation Statute Question

[stargazer65]

When I drive a van I would have to use a locked container for my gun. Should I just put the ammo inside the same container, or do I have to use a separate container?

Federal Firearms Transportation Statute
The federal firearms transportation statute basically states that you are allowed to transport a legally owned firearm through any state as long as you meet the following requirements.

1. Your weapon is kept unloaded and stored in a separate compartment not readily accessible by either the driver or passengers.

2. Any ammunition is kept separate from location of firearms and is also not readily accessible by either the driver or passengers.

If there is not a separate compartment available in the vehicle then the firearm must be kept in a locked container and stored somewhere other than the glove box or console.

 

[NavyLT]

Statement #2 in your quotation in your post is incorrect. The ammunition must be separated from the driver/occupants of the vehicle, the same as the gun, but there is no requirement to separate the ammo from the gun. The gun must be unloaded, which means no round in the chamber and no rounds in any magazine attached to the firearm.

Ohio also has a requirement for any magazine in the vehicle to be unloaded as well, if a person does not have a recognized CCW permit, but if the magazines are in a locked container and you never give permission for LEO to search the locked container (which you never should)....

The real statute is 18 USC 926a:
http://www4.law.cornell.edu/uscode/18/usc_sec_18_00000926---A000-.html

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.

 

[macville]

Yes, but there are states like mine, Tennessee, that say the ammo must not be in the vicinity of the unloaded firearm. So here you could still be busted for the intent to go armed (not that you probably would be if both were locked in a container (not your glove box)

Matthew

 

[AirForceShooter]

You must also be able to have the gun in both the departure and destination places.

So Florida to Chicago is a no-no

AFS

 

[NavyLT]

Yes, but there are states like mine, Tennessee, that say the ammo must not be in the vicinity of the unloaded firearm.

HOWEVER, is that requirement in the definition of unloaded or is just part of a statute that defines lawful transportation? If it is part of the actual difinition of unloaded, then a person travelling in accordance with FOPA might, and the chances are slim, have a problem. If that requirement is simply a condition for lawful transportation, then that statute would not apply to a person traveling in accordance with FOPA, because FOPA specifically overrides state law (when travelling interstate).

For instance, Oklahoma law requires that a firearm being transported be unloaded and plainly visible or in a container that is plainly visible. However FOPA, if the vehicle has an exterior compartment, requires the firearm to be concealed. Travelling through Oklahoma, FOPA would take precedence.

 

[stargazer65]

From what I am reading it sounds like the intent of the federal law would be met if I kept both the unloaded gun and the ammo locked in a box in the rear of the van with our luggage.

I'd be traveling from CT (resident permit) to PA (non-resident permit) and back again this coming spring. I'd only be passing through NY and/or NJ for at most 2 hours so I believe that meets the intent of the federal law as far as transiting through.

Sound reasonable?

 

[NavyLT]

Sounds reasonable to me. Be careful in NY. And ESPECIALLY in NYC where you will be illegal no matter what you do AND they do not abide by the federal law.