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New question old topic

Posted: Fri May 25, 2012 8:12 am
by jetflyr
I have done some reading on Interstate transport of weapons. We are heading from TX to ME. My understanding is if they honor TX and I have CHL, I can carry while driving through the state. If they do not honor (as in most of the North East except PA), my safest be is to lock it in a gun safe, unloaded, possibly with the slide removed and ammunition separate container. That is good to go?? I read about NY, NJ, MA, MD and their crazy laws and second guess myself and my understanding. Any clarification? Also, if the state does not recognize TX CHL,I understand you can not carry. However does that affect the Interstate Transport rule: "a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearms" In Maine where TX has no agreement I can not carry. However, I can carry it unloaded and not concealed. Would that still count as lawfully being able to possess my weapon?

thanks all,
tom

Re: New question old topic

Posted: Fri May 25, 2012 8:33 am
by jetflyr
Thanks. Will check the "legal heat"!!

Re: New question old topic

Posted: Fri May 25, 2012 10:18 am
by Jumping Frog
The minimum standard that you are able to transport under is the federal FOPA standards specified in 18 USC § 926A - Interstate transportation of firearms
18 USC § 926A: 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.
Note the description above does not require the slide to be removed nor does it require the gun and ammo to be in separate cases. You do not need to lock it in a gun safe if it is a vehicle with a trunk, but if you are driving a van or SUV, it is required. Either way, driving through snakepits like MD, NJ, NY, or MA, having it locked in a case is a good safety measure. They cannot open locked cases without probable cause or your consent.

Never consent to a search. If they do not need your consent, they won't ask for it. If they are asking, then refuse. If they ask you if you have a firearm, you are not required to answer. However, if you do answer, do not lie.

Do not stay overnight in any of the intervening snakepit states, and minimize stops.

For additional guidance, the NRA-ILA website is a huge resource -- and has better credibility than most internet keyboard commandos. Try the following links:

http://www.nraila.org/gun-laws.aspx" onclick="window.open(this.href);return false;
NRA-ILA Guide To The Interstate Transportation Of Firearms
http://www.nraila.org/gun-laws.aspx#profilesTab" onclick="window.open(this.href);return false;

Now, when I say "minimum standard", some states are considerably more lenient in what they allow. If the state has more expansive rights, then those standards apply in those states. The NRA links above give the laws for any state you wish to research.

Re: New question old topic

Posted: Fri May 25, 2012 12:23 pm
by jetflyr
I did some reading and some calling. MA stepped up to the plate and answered questions. Yes I was correct, however their "interpretation" is I can't stop for ANYTHING. It would suck to break down there. MD to go... Thanks for comments.

Re: New question old topic

Posted: Fri May 25, 2012 12:27 pm
by Heartland Patriot
jetflyr wrote:I did some reading and some calling. MA stepped up to the plate and answered questions. Yes I was correct, however their "interpretation" is I can't stop for ANYTHING. It would suck to break down there. MD to go... Thanks for comments.
And yet, somehow they don't see that as being wrong or a problem... :banghead:

Re: New question old topic

Posted: Fri May 25, 2012 12:44 pm
by RHenriksen
And once you get to Maine, you can't carry concealed; they don't recognize Tx CHL. You *can* open carry, but *not* while you're in your car. You'd have to unload your pistol when getting into your car, then park at your destination, get out of the car, re-load the pistol, and holster it openly.

I had to get a non-resident CHL for Maine since I'm there 2-3 times/year

Re: New question old topic

Posted: Fri May 25, 2012 3:33 pm
by jetflyr
HMMM? I will have to re-read ME. Very convoluted. They do not honor Texas CHL, but will let me sling it on my hip loaded and walk around? I can't comprehend that one. More to investigate.

Re: New question old topic

Posted: Fri May 25, 2012 6:36 pm
by Jumping Frog
jetflyr wrote:HMMM? I will have to re-read ME. Very convoluted. They do not honor Texas CHL, but will let me sling it on my hip loaded and walk around? I can't comprehend that one. More to investigate.
There are a lot of states that allow unlicensed open carry.

In the decades before concealed carry was passed, unlicensed open carry was the only legal way to carry in Ohio.

Re: New question old topic

Posted: Fri May 25, 2012 10:01 pm
by speedsix
...there ain't enough duct tape in Texas to get me into MA...they can HAVE their police state...

Re: New question old topic

Posted: Sat May 26, 2012 3:27 pm
by tacticool
I thought he was going to Maine, not Romney's old state.

Re: New question old topic

Posted: Sat May 26, 2012 6:19 pm
by jetflyr
Yes ME. unloaded and locked. for a little while..... ;-)

Re: New question old topic

Posted: Sat May 26, 2012 6:21 pm
by speedsix
tacticool wrote:I thought he was going to Maine, not Romney's old state.

"...I did some reading and some calling. MA stepped up to the plate and answered questions. Yes I was correct, however their "interpretation" is I can't stop for ANYTHING. It would suck to break down there. MD to go... Thanks for comments.jetflyr ..."

...OP dealt with traveling through several states and the laws covering same...hence his comment on MA and mine...