Traveling with gun?

S

steve4liberty

Inactive
I need to travel from SC to Detroit by car and would like to carry my gun with me, unloaded and even in its case.

How can i find out if this is legal?
 
You are covered by the Fedral FOPA when traveling through states. text below

TITLE 18 > PART I > CHAPTER 44 > § 926A

§ 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.
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Once you reach your destination, you must abide by the law of the state you are in. Check here for state regs.

Handgun Law
USA Carry
 
Basically, you need to lock your unloaded firearm in the trunk, if you're vehicle has one. The gun itself must be completely enclosed within a case also. If no trunk, then in the back of your pickup, or if you have an SUV or something, it would have to be stored where it's not in arm's reach.
 
NightSleeper said:
The gun itself must be completely enclosed within a case also.
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Not if it is in an exterior compartment of the vehicle (trunk). See the statute posted above.

AirForceShooter said:
A critical question. Are you legal in Detroit?
If you're not FOPA won't help you.

AFS
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Absolutely correct!
 
I went from Iowa down to Texas. Plan ahead, I called each state, that I was to go thru, and talked to the State police to find out their recommendation.
 
I'm assuming you do not have a SC permit. So, follow Federal Law, Title 18 as explained earlier. The states you will be traveling through, including MI, are not like IL or NJ, so following Federal Law is ok.
If you have a permit, unless you go out of your way, I believe all the states between SC and MI recognize a SC permit.
 
Maryland also problematic

Not that you'll be travelling through Maryland on that route, but I've heard that along with NJ and Illinois, Maryland will sometime flout the Federal law and arrest you for having a handgun anywhere in the vehicle.
 
Ive travelled from WV to WI...every year in the spring..at least twice a year... always with at least two rifles, two handguns, and usually around 600 rds of ammo.... have never had a problem.. in ten years.
 
travel

Not that you'll be travelling through Maryland on that route, but I've heard that along with NJ and Illinois, Maryland will sometime flout the Federal law and arrest you for having a handgun anywhere in the vehicle.
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Please provide a cite for this. Anecdotal 2nd hand stories don't help the OP decide what to do. The AG of MD has issued an opinion on FOPA travel in MD. If your origin or destination were not both in MD, FOPA applies. text below:

Dear Mr. _______:

Maryland law generally prohibits the wearing, carrying or transporting of handgun, loaded or unloaded, concealed or openly: 1) on or about one's person; and, 2) in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.
Individuals who have been issued a permit to carry a handgun by the Maryland Department of State Police (handgun carry permits issued by other states are not effective) are exempted from this law.

The following activities are also exempted: 1) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 2) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 3) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 4) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases; 5) the wearing, carrying, or transporting of a handgun by a supervisory employee: in the course of employment; within the confines of the business establishment in which the supervisory employee is employed; and (iii) when so authorized by the owner or manager of the business establishment.

The federal law you cite (18 USC 926A) applies to the interstate transportation of a firearm (handgun or long arm) and supersedes Maryland law. It would have no bearing on the transportation of a firearm where the origin and destination are both within Maryland. It would however allow for the transportation of a firearm through the State of Maryland regardless of the Maryland law cited above.

For purposes of the exceptions to Maryland law, a handgun may be transported within the passenger compartment of the vehicle provided it is unloaded and in an enclosed case or holster. For purposes of the federal law exception, the firearm must be unloaded and not readily accessible from the passenger compartment.

Mark H. Bowen Assistant Attorney General

(end of quotation from Mr. Bowen)
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Stu
 
if you cant easily get to the firearm whats the point of having it for protection
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That's why MD sucks as far as 2A and SD in this state. However if you are traveling through a state like MD, at least the FOPA will protect you from draconian gun laws. be thankful we have it, even though it's from the FEDS.You can't carry a loaded firearm in MD without a CCW, and they are almost impossible to get.

To the other poster who advocated carrying all the way there, MD DOES NOT recognize any other state's CCW permit.I hope you're joking. Carrying a loaded weapon on your person in MD without a MD CCW is a FELONY and can get you up to 5 years in the can IIRC
 
I'm confused. Why would someone even go near MD if driving from SC to MI? Wouldn't you just jump I-40 over to I-75 or I-65 and go north? Which would take you through, TN, KY, OH (75), IN (65) and into MI? Just curious....:D
 
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