Transporting Pistols Question.

L

Larz

New member
This weekend I am going to a retreat in Michigan. I live in Northern Ohio. I want to take a couple of my guns along. What is the proper legal method of storing my guns while driving around. I have always stored the ammo and magazines in the trunk of the car and kept my empty guns in the rear seat of my car. I also make sure to lock the action open. Anything else I should consider. Thanks, Larz
 
I recommend locking the guns in cases and putting them in the trunk. The last thing you want if you are pulled over is for the officer to see a bunch of guns on the back seat. As long as the guns are unloaded and locked in cases, you're covered under federal law. Dunno about the state laws in OH and MI.

M1911
 
I think you have two safe options: lock the guns, in cases if available, unloaded, in the trunk of your car, along with the ammunition, or keep the ammunition up front but the guns, unloaded, locked in the trunk. That's my understanding of the current laws.
 
Very interesting thread. I don't know about Michigan or Ohio, but here is how I would handle it in Texas. In Texas, it is immaterial whether or not the guns and ammo are together (legally speaking having a gun "on or about you", even if in your trunk and even if unloaded, constitutes carrying a deadly weapon). Now, most LEOs are not interested in bothering you if you are not threatening their life in any way. Therefore, put the guns in the trunk (in their cases) and the ammo in the glovebox. Most LEOs will view that as the most responsible way to ensure they are not in danger during a traffic stop.

If you have a CHL or CCW, in Texas, the LEO will know it when (s)he looks your car up in the DPS database. Therefore, as (s)he approaches your car, make sure your hands are at the top of the steering wheel and clearly visible. Notify the LEO that you do/do not have weapon(s) in the car and ask him/her how they would like to proceed. Then follow their directions VERY CLOSELY. If you have the weapon on you, let the LEO disarm you and stand very still.

Finally, regarding travelling. If you don't have a CHL/CCW, and you are travelling, you must take the most direct route between the two points and get there within a reasonable period of time. Taking detours along the way may land you in jail and/or have your weapons confiscated. If you are involved in a traffic stop, you are not under oath when being questioned...many people find it useful to not admit to carrying weapons since they are immaterial to the traffic stop itself. I myself have nothing to hide and would answer relevant questions truthfully as long as I am being handled properly (due process). If some redneck LEO is trying to mess with me, he will need a judge's order to question me or search my car.
 
Under the FOPA, if you are travelling from your home state where the gun is legal to another state where it is legal, you can do so without concern about the legality of the gun in an intermediate state. But you must have the gun unloaded, locked in a case, and stored in the trunk or some part of the vehicle where the gun is not readily accessible to the driver or passengers in the car. The ammunition should be stored separate from the gun and it would be best if it were also in a locked case.

As I have said before, prudent and reasonable driving will keep you from the attention of the law in the first place. A common type and make of car helps also.

This does not apply to international travel where I recommend a gun not be carried at all.

Jim
 
If I was unsure about the laws, I would lock my firearms in the trunk. I would store the ammo in the back seat (I haven't heard of any cases of people being prosecuted for carrying concealed ammo). I would also take the most direct route (no dilly-dallying). Not only is it most legal, it cuts down on your chances of being pulled over.
 
Sure, you can take the safe, secure, and legal route. But is that any fun? Pesonally, I would tape several fully loaded guns to the inside of the passenger windows and occasionally wave one or two at a passing motorist, or state trooper for that matter. You might even see if you can drop a bird or two off power lines along the interstate while you're speeding by.

Seriously speaking though, these are all good points of advice and I think above all I would let common sense dictate.
 
Do I dare????? It's awfully tempting!!!! Oh allright!!!!

Larz,

Don't get pulled over and you won't have to worry about it.

Alright, I'll be serious. CHECK THE LAWS for those states. In some states, a cased, stored firearm, is a concealed weapon. In those state(s), it better be unloaded and plainly visible. Check the laws and follow them to the letter!

(( BTW, State and Local authorities CAN have STRICTER laws than the federal govt.))

Good luck to you.


------------------
"Charlton Heston is my President"

Danny45
NRA, NAHC, Buckmasters

[This message has been edited by Danny45 (edited October 11, 2000).]
 
Well.. assuming that you're actually going to follow the law.. you'd need to have them locked up sepeartely from ammo and out of reach. That pretty much takes care of all legal issues that could arrise from transporting firearms.

As for myself.. they ride warm, cozy, loaded and within reach at all times.

Screw UNconstitutional laws.

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Be sure to come and check out FUD's Fan Club!
 
Larz,

All the points re Federal law (Title 18 USC Section 926A is the specific statute) authorizing interstate firearms transportation (locked container, unloaded, ammunition separately stored, out-of reach such as the trunk, and so forth) are correct.

However, let me add an additional -- and important -- point: Some states outlaw certain types of ammunition (for example, New Jersey prohibits hollow points). Therefore, be very careful re the type of rounds you are transporting.
 
I usually stick them in a pocket, in my jacket, or in the glovebox. :D
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Curuzer:
Notify the LEO that you do/do not have weapon(s) in the car and ask him/her how they would like to proceed. Then follow their directions VERY CLOSELY. If you have the weapon on you, let the LEO disarm you and stand very still.
[/quote]

This is total bull****. There is no reason that the LEO should have any occasion to disarm someone that is legally carrying and properly notifies him that he has a concealed weapon!
 
Well, you're probably already here and assuming that you don't have a CCW, your guns need to be unloaded, in cases(actually, I think that wrapping them in newspaper even counts), and in your car's trunk. I'm not sure exactly how the law reads with SUVs, etc., but they have to be inaccessible to the driver, encased, and unloaded.

If you're transporting pistols, you're supposed to have your 'safety inspection' certificate with you, too. (When you purchase a pistol in Michigan, the local police write down the serial number and give you a certificate after you purchase it. You're supposed to have it when you transport it.)

We're currently working on getting the law changed regarding pistol transportation, and it's almost to fruition. Both the State Senate and House have passed the Vear transporation bill. The way the current law is written, you technically also have to belong to a gun club or possess a valid hunting license to tranport handguns. When this bill becomes law, this will change. Currently, in an extremely rare and unlikely case, and overzealous LEO could take your pistols if you didn't have a membership in a club, or a hunting license, or (I think) if you weren't going to the range.

Check out our web page at www.mcrgo.org (The Michigan Coalition for Responsible Gun Owners) for a more accurate description of the pending bill.

Hope your trip here went well. If you were duck hunting, I hope you got some ducks...

------------------
NRA Life Member/Volunteer Recruiter
Michigan Coalition for Responsible Gun Owners(MCRGO)www.mcrgo.org
 
I totally agree with Johnwill. If he doesnt ask, dont tell him. There is no reason to freak out a highway patrolman by smiling at him and telling him "Gee, by the way officer I HAVE GUNS!" (Nothing like creating problems for yourself)
If he asks, by all means tell him the truth. (And make sure they are legally transported!) Otherwise he probably will give you a ticket and be on his way and you on yours. By the way if you are a CCW holder, Michigan is a reciprical state meaning your CCW is valid! Safe traveling. :)
 
Larz, like I said above, check the laws. Some states, including where I live, mandate that when you are in face to face contact with a police officer, your first words had better be that you have a permit and are armed. In this case, most officers won't even ask to see the weapon but will closely watch you. Just keep your hands visible and stay calm. By the way, if you don't tell them, and they find out, it's a misdemeanor and you will lose (after a hearing) your CCW Permit. So check the laws.

Good luck.

------------------
"Charlton Heston is my President"

Danny45
NRA, NAHC, Buckmasters
 
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