Question about Carrying Out of State

CHL discussions that do not fit into more specific topics

Moderators: Charles L. Cotton, carlson1

User avatar

Topic author
martywj
Member
Posts: 104
Joined: Fri Dec 25, 2009 12:14 pm
Location: Burleson, TX

Question about Carrying Out of State

Postby martywj » Tue Apr 18, 2017 3:02 pm

We are planning an extended trip this summer pulling our travel travel up into the New York & New England area(Maine, New Hampshire, Vermont, etc). Both my wife and I have our CHL and of plan on carrying our weapons. We know which states we can carry in and which ones we can't. We plan on driving through Illinois, but we know what to do there. Will we be OK disarming and keeping our weapons in the travel trailer for the states like New York where we plan on staying for close to week? We will be staying in the Buffalo area. We also plan on visiting Canada, but of course we will leave our weapons on the US side. After that we plan to relocate our trailer to the Vermont area, and use that a base to visit the other New england states on day trips.

If I have posted this in the wrong spot, my apologies and mods should feel free to move it.

Marty
Marty

If I have to explain, you won't understand.

User avatar

parabelum
Senior Member
Posts: 1385
Joined: Mon Dec 21, 2015 12:22 pm

Re: Question about Carrying Out of State

Postby parabelum » Tue Apr 18, 2017 3:20 pm

Marty,

If you plan on staying in NY even overnight, much less a week, I wouldn't bring a gun through the NY State. Not sure that you'd be covered under FOPA for up to a week. :shock:

"The best way to travel through NY or any state that has restriction is to carry a copy of Title 18-Part 1- Chapter 44 926A of the federal code with you. Some law enforcement may not know the law. DO keep the firearm in a locked box. Keep ammo in another locked box. No ammo in Magazines or speed loaders in the trunk or if no trunk as far back in the vehicle as possible in a locked box. By NY Law if you are traveling across the state and can legally possess the firearm where you started and where you are going you can transport it as above. But if you stop in NY and spend the night in a motel/hotel/camp ground etc you are in violation of NY law and can be arrested if found with a firearm. Stopping for gas and food would most likely be OK but this is not a given in NY."

http://www.handgunlaw.us/states/newyork.pdf

Be aware of mag capacity restrictions in some States, even if you're just passing through...

User avatar

Topic author
martywj
Member
Posts: 104
Joined: Fri Dec 25, 2009 12:14 pm
Location: Burleson, TX

Re: Question about Carrying Out of State

Postby martywj » Tue Apr 18, 2017 3:40 pm

We plan on stopping to disarm, unload the weapons and store in lock boxes in the trailer before crossing into New York state. As far as not staying in New York we attending a reunion of the crew of the ship I served on while in the Navy. We did the same thing a few years ago when we visited California. Left the guns in lock boxes in the bottom of our suitcases in our hotel room. This time the guns will be in our travel trailer.


parabelum wrote:Marty,

If you plan on staying in NY even overnight, much less a week, I wouldn't bring a gun through the NY State. Not sure that you'd be covered under FOPA for up to a week. :shock:

"The best way to travel through NY or any state that has restriction is to carry a copy of Title 18-Part 1- Chapter 44 926A of the federal code with you. Some law enforcement may not know the law. DO keep the firearm in a locked box. Keep ammo in another locked box. No ammo in Magazines or speed loaders in the trunk or if no trunk as far back in the vehicle as possible in a locked box. By NY Law if you are traveling across the state and can legally possess the firearm where you started and where you are going you can transport it as above. But if you stop in NY and spend the night in a motel/hotel/camp ground etc you are in violation of NY law and can be arrested if found with a firearm. Stopping for gas and food would most likely be OK but this is not a given in NY."

http://www.handgunlaw.us/states/newyork.pdf

Be aware of mag capacity restrictions in some States, even if you're just passing through...
Marty

If I have to explain, you won't understand.


2farnorth
Senior Member
Posts: 463
Joined: Wed Feb 09, 2011 5:35 pm
Location: Leonard, Tx

Re: Question about Carrying Out of State

Postby 2farnorth » Tue Apr 18, 2017 3:45 pm

Summary of FOPA for travelers: From wikipedia:
One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas), provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, the firearms are located in a locked container.[11]


NY, Ma, NJ, and Ct are your problem areas. As parabelum said when you stop for the night in NY they contend that you have reached a destination where you are not permitted to have a hand gun. In their opinion you are no longer covered by FOPA. If discovered you will go to jail. Lord help you if you need to use the gun. Now supposedly if you pass through NY without stopping overnight you are covered. Having plates from a gun friendly state may make you a target for a stop.
When I travel up that way I take the most direct route from Binghamton, NY to Bennington , Vt. I gas up and eat in Pa and don't stop till I hit Vt.
Sorry looks back.
Worry looks around.
Faith looks up.

User avatar

parabelum
Senior Member
Posts: 1385
Joined: Mon Dec 21, 2015 12:22 pm

Re: Question about Carrying Out of State

Postby parabelum » Tue Apr 18, 2017 4:16 pm

2farnorth wrote:Summary of FOPA for travelers: From wikipedia:
One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas), provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, the firearms are located in a locked container.[11]


NY, Ma, NJ, and Ct are your problem areas. As parabelum said when you stop for the night in NY they contend that you have reached a destination where you are not permitted to have a hand gun. In their opinion you are no longer covered by FOPA. If discovered you will go to jail. Lord help you if you need to use the gun. Now supposedly if you pass through NY without stopping overnight you are covered. Having plates from a gun friendly state may make you a target for a stop.
When I travel up that way I take the most direct route from Binghamton, NY to Bennington , Vt. I gas up and eat in Pa and don't stop till I hit Vt.



:iagree:

That's precisely what my wife and I do when we travel to Montpelier.

User avatar

oohrah
Senior Member
Posts: 791
Joined: Mon May 27, 2013 5:54 pm
Location: McLennan County

Re: Question about Carrying Out of State

Postby oohrah » Tue Apr 18, 2017 10:45 pm

If you have Texas LTCs, you are OK in Illinois to carry in your vehicle, and to lock up in a lock box and carry to your hotel room and back.

Oh, travel trailer - you should be OK in IL.
USMC, Retired
I want to live in a world where opinion is not regarded as fact.

User avatar

OldCurlyWolf
Senior Member
Posts: 1087
Joined: Sat Sep 18, 2010 3:00 am

Re: Question about Carrying Out of State

Postby OldCurlyWolf » Wed Apr 19, 2017 12:19 pm

martywj wrote:We are planning an extended trip this summer pulling our travel travel up into the New York & New England area(Maine, New Hampshire, Vermont, etc). Both my wife and I have our CHL and of plan on carrying our weapons. We know which states we can carry in and which ones we can't. We plan on driving through Illinois, but we know what to do there. Will we be OK disarming and keeping our weapons in the travel trailer for the states like New York where we plan on staying for close to week? We will be staying in the Buffalo area. We also plan on visiting Canada, but of course we will leave our weapons on the US side. After that we plan to relocate our trailer to the Vermont area, and use that a base to visit the other New england states on day trips.

If I have posted this in the wrong spot, my apologies and mods should feel free to move it.

Marty

If you stay even one night in NY you are subject to an arrest and conviction for FELONY possession of a firearm. What every your reunion with your shipmates is worth to you, I doubt it is worth a Felony conviction. Find a spot in Vermont to Park your trailer and leave it and your firearms there.
I won't be wronged, I won't be insulted, and I won't be laid a hand on.
I don't do those things to other people and I require the same of them.

Don’t pick a fight with an old man. If he is too old to fight, he’ll just kill you.

User avatar

goose
Senior Member
Posts: 875
Joined: Sun Feb 27, 2011 11:20 pm
Location: Katy-ish

Re: Question about Carrying Out of State

Postby goose » Thu Apr 20, 2017 2:41 pm

OldCurlyWolf wrote:If you stay even one night in NY you are subject to an arrest and conviction for FELONY possession of a firearm. What every your reunion with your shipmates is worth to you, I doubt it is worth a Felony conviction. Find a spot in Vermont to Park your trailer and leave it and your firearms there.


Along these lines, maybe consider reaching out to an RV storage lot in a PA or VT border town and renting a space as a single month rental? Although I would be careful in wording my request in that a thinking person would probably figure out why you need it if you tell them you'll be in NY for a week. I'd leave that part out. Maybe do a state park in PA or VT? Simply rent a slot in a campground. Although general theft could be an issue there as well.
NRA Endowment - NRA RSO - Μολὼν λάβε


Boxerrider
Member
Posts: 120
Joined: Sun May 14, 2006 9:22 am
Location: Central Texas

Re: Question about Carrying Out of State

Postby Boxerrider » Fri Apr 21, 2017 6:29 am

I'm on the side of camping in a safe place and commuting to your reunion. The states over there are so small you can drive all of the way across several in just one afternoon.
I'll agree that the odds of getting caught are low, but the stakes are very high!

User avatar

RoyGBiv
Senior Member
Posts: 6534
Joined: Wed Jan 05, 2011 11:41 am
Location: Fort Worth

Re: Question about Carrying Out of State

Postby RoyGBiv » Fri Apr 21, 2017 6:45 am

NY is not small.
Buffalo is about 90 minutes from PA (Erie).
I am not a lawyer. This is NOT legal advice.!
Image
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek


treadlightly
Senior Member
Posts: 907
Joined: Mon Jan 05, 2015 1:17 pm

Re: Question about Carrying Out of State

Postby treadlightly » Fri Apr 21, 2017 7:43 am

Wow. I had no idea. I've been thinking life in Texas was complicated, what with every single day having to get up and decide which gun to carry wherever the heck I wanted, save a few nagging exceptions.

Let's see, the grips on the 1911 work nicely with the shoes I'm going to wear today, but the little Nine just disappears under a tee shirt...

Fashion. I'd almost prefer gun control. Almost. I can work this out.


chasfm11
Senior Member
Posts: 3002
Joined: Thu Apr 15, 2010 4:01 pm
Location: Northern DFW

Re: Question about Carrying Out of State

Postby chasfm11 » Fri Apr 21, 2017 8:02 am

RoyGBiv wrote:NY is not small.
Buffalo is about 90 minutes from PA (Erie).

:iagree: We had a trip a couple of years ago where we went to Mystic Seaport, CT for a week and then across NY to Niagara Falls, staying on the Canadian side to go across Ontario afterward. Of course, we did not take any guns on that trip. While you can get many places from VT as day trips, you cannot get from Buffalo to a safe gun place with a travel trailer heading East without unnatural driving.

From a gun law enforcement perspective, the Buffalo area is probably closer to NYC than most of the rest of the state. And the Port Authority police, which man the bridges are the most aggressive in my experience. We lived near the NY Thruway in NJ for a number of years and discovered that the Port Authority officers are not under the control of any of the surrounding electorate. An out of State license plate could be your ticket to many more problems than you thought possible.
6/23-8/13/10 -51 days to plastic
Dun Spiro Spero


Return to “General Texas CHL Discussion”

Who is online

Users browsing this forum: Bing [Bot], MSNbot Media, TexasJohnBoy and 2 guests