Travel Frequently Asked Questions

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buckeye43210
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Re: Travel Frequently Asked Questions

Post by buckeye43210 »

ITFlyer wrote:As long as there is not someone in the car without a CHL. If there is someone in the car, they do not have a CHL, and the gun is loaded (or there is a loaded magazine for the gun somewhere in the car), then they can be charged.
Another option would be for the CHL holder to take all the magazines with them into the CPZ while leaving the unloaded gun locked in the car.
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Re: Travel Frequently Asked Questions

Post by OhioPaints »

Does the "loaded and locked in a box" prohibition apply if the vehicle is on private property (e.g. my garage, or Walmart parking lot)? The way the statute reads, I see nothing limiting the restriction to public roads, but can the state regulate how I store my gun at home?

The other comment I would make about leaving it loaded and in a locked box while an unlicensed person is in the car: how would LE ever find it without getting a search warrant or someone giving permission for a search? Yes, I understand it would technically violate the law, but I would think the chances of running into trouble would be extremely low for most of us.

Ken
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Re: Travel Frequently Asked Questions

Post by JLPicard »

The answer to the second question contains a bad link, I believe this to be a good one for that: http://www.ohioattorneygeneral.gov/file ... Carry.aspx
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Re: Travel Frequently Asked Questions

Post by dlgeorge »

rickt wrote:Q.: Isn't there a Federal law that is supposed to protect travelers with firearms?

A.: Yes. The Firearm Owners Protection Act (FOPA) offers some protection. The NRA Gun Laws web site describes it like this: "Notwithstanding any state or local law, 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 firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console."
I originally made a new thread with this question, then I saw this thread so I deleted it and put it here.

On another website about concealed carry in Florida, I saw this "federal law" statement. I think it may be answered here, but being rather new to this, I am compelled to ask. I'm driving from Michigan to Florida in a couple of weeks. All the states I travel through honor my Michigan CPL, but then I saw this. It doesn't say anything about exempting concealed license holders like state laws do. This Federal law seems to say we cannot carry a gun in the car across state lines unless it is broken down and stored separately and all that. Does The highlighted text below mean that State law trumps this federal law as it is written? It must, but I'm not an attorney, so I have to ask.

TITLE 18 PART I CHAPTER 44 § 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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Re: Travel Frequently Asked Questions

Post by schmieg »

OhioPaints wrote:Does the "loaded and locked in a box" prohibition apply if the vehicle is on private property (e.g. my garage, or Walmart parking lot)? The way the statute reads, I see nothing limiting the restriction to public roads, but can the state regulate how I store my gun at home?

The other comment I would make about leaving it loaded and in a locked box while an unlicensed person is in the car: how would LE ever find it without getting a search warrant or someone giving permission for a search? Yes, I understand it would technically violate the law, but I would think the chances of running into trouble would be extremely low for most of us.

Ken
When parked, you are not transporting, you are storing, so the transport requirements do not apply. It's still a pretty good idea to secure the firearm though.

With regard to your second question, what if there is an emergency, medical or otherwise, to which the police respond. They may then search the vehicle to secure it. Or, your unlicensed person is an idiot and gives consent for the search.
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schmieg
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Re: Travel Frequently Asked Questions

Post by schmieg »

dlgeorge wrote:
rickt wrote:Q.: Isn't there a Federal law that is supposed to protect travelers with firearms?

A.: Yes. The Firearm Owners Protection Act (FOPA) offers some protection. The NRA Gun Laws web site describes it like this: "Notwithstanding any state or local law, 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 firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console."
I originally made a new thread with this question, then I saw this thread so I deleted it and put it here.

On another website about concealed carry in Florida, I saw this "federal law" statement. I think it may be answered here, but being rather new to this, I am compelled to ask. I'm driving from Michigan to Florida in a couple of weeks. All the states I travel through honor my Michigan CPL, but then I saw this. It doesn't say anything about exempting concealed license holders like state laws do. This Federal law seems to say we cannot carry a gun in the car across state lines unless it is broken down and stored separately and all that. Does The highlighted text below mean that State law trumps this federal law as it is written? It must, but I'm not an attorney, so I have to ask.

TITLE 18 PART I CHAPTER 44 § 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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FOPA, the federal law you cite, is not a requirement for travelers; it is an option to bypass state laws. If you are driving through a state that does not honor your license and which does not allow the possession of firearms in a car, you can use the FOPA method as long as you are not stopping in the state and you are legal to possess the firearm in your originating and destination states. By not stopping, I mean that you are not going to stop for recreational or business or personal reasons. You can stop for gas and meals. If traveling through New York or Massachussetts or New Jersey., you should probably not even stop for a motel, but drive to another state first. Those states tend to flaunt the federal statute resulting in court cases that the states seem to lose, but continue to bring.
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ITFlyer
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Re: Travel Frequently Asked Questions

Post by ITFlyer »

Here is my understanding:

The federal law trumps state law in cases where possession of the handgun would otherwise be illegal. For instance, I live in Ohio, I cannot legally possess a handgun in New York. If I were to put my unloaded handgun in a locked case in my vehicle and travel THROUGH New York on my way to (for instance) Vermont, federal law says that I can legally possess that handgun while I travel through New York. If New York was my destination, then I would not be covered by that federal law, and could not legally possess my handgun.

Now if I have a valid concealed handgun license that is legally recognized by all of the states that I will be traveling through, then there is no issue - I can carry that gun concealed as I travel, and the federal law does not even come into play. So in your situation, you're good to carry all the way to Florida.
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Re: Travel Frequently Asked Questions

Post by schmieg »

ITFlyer wrote:Here is my understanding:

The federal law trumps state law in cases where possession of the handgun would otherwise be illegal. For instance, I live in Ohio, I cannot legally possess a handgun in New York. If I were to put my unloaded handgun in a locked case in my vehicle and travel THROUGH New York on my way to (for instance) Vermont, federal law says that I can legally possess that handgun while I travel through New York. If New York was my destination, then I would not be covered by that federal law, and could not legally possess my handgun.

Now if I have a valid concealed handgun license that is legally recognized by all of the states that I will be traveling through, then there is no issue - I can carry that gun concealed as I travel, and the federal law does not even come into play. So in your situation, you're good to carry all the way to Florida.
Very good summary.
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Re: Travel Frequently Asked Questions

Post by Rhino »

Can an admin change the Amtrak reference in the original post? You can carry a firearm in checked baggage on Amtrak now.
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dlgeorge
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Re: Travel Frequently Asked Questions

Post by dlgeorge »

schmieg wrote:
ITFlyer wrote:Here is my understanding:

The federal law trumps state law in cases where possession of the handgun would otherwise be illegal. For instance, I live in Ohio, I cannot legally possess a handgun in New York. If I were to put my unloaded handgun in a locked case in my vehicle and travel THROUGH New York on my way to (for instance) Vermont, federal law says that I can legally possess that handgun while I travel through New York. If New York was my destination, then I would not be covered by that federal law, and could not legally possess my handgun.

Now if I have a valid concealed handgun license that is legally recognized by all of the states that I will be traveling through, then there is no issue - I can carry that gun concealed as I travel, and the federal law does not even come into play. So in your situation, you're good to carry all the way to Florida.
Very good summary.
Thank you. That is very clear.
mattyd
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Re: Travel Frequently Asked Questions

Post by mattyd »

Friends...I am giong to fly commerically. I have purchased a Pelican Case to transport my unloaded firearm, empty magazines, and pocket knife. Am I permited to include in the same Pelican Case a box of ammo or must it be packed separately?
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Re: Travel Frequently Asked Questions

Post by mreising »

mattyd wrote:Friends...I am giong to fly commerically. I have purchased a Pelican Case to transport my unloaded firearm, empty magazines, and pocket knife. Am I permited to include in the same Pelican Case a box of ammo or must it be packed separately?
Yes you can put the ammo in the checked case with the firearm. The easiest way is to leave the ammo in the original box, or something that looks like an original box. It must be in "a metal or fiber" container which separates the rounds. There should not be a problem with one of the plastic ammo boxes like reloaders use, but it really isn't metal or fiber (i.e. cardboard)). Delta limits ammo to no more than 11 pounds, and that seems to be common to most other airlines but the limit is up to the airline so check before you go.
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Re: Travel Frequently Asked Questions

Post by mattyd »

Thanks!
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Re: Travel Frequently Asked Questions

Post by Rhino »

Close. The ammo packaging does not have to be metal or fiber as long as it's designed to carry ammo. And TSA lists no requirement to seperate the rounds, though almost any container designed to carry ammo would. Magazines have to either be securely boxed seperately or secured withing the locked container with the firearm. It is inadvisable to pack them in seperate baggage because if the sniffers alert on a bag that hasn't been declared to contain a firearm, you will very likely be called back to clear security again.

http://www.tsa.gov/travelers/airtravel/ ... _1666.shtm" onclick="window.open(this.href);return false;

Check the web site of your airline for any minor amendments or variations on the requirements.

I personally recommend against Pelican cases as seperate pieces of luggage because they practically scream, "I'M VALUABLE!", and are thus more prone to theft. That appearance of higher value is also why laptop bags are far more prone to theft at airports, and there's no sense in taking a risk with your firearm if you don't have to. If your Pelican case is small enough to fit within a suitcase, that's great. If not, I recommend a simple lockbox/locking container for the gun and magazines, to put in your suitcase. But again, that's just my personal recommendation.
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Re: Travel Frequently Asked Questions

Post by mattyd »

Thanks agian for the replies...I failed to be as clear as I should have been. Yes, the Pelican case is a small one that will be inside my suitcase and actually cabled to the frame of the suitcase. Not that this is a lot of additional safety..but someone will be more obvious if they are taking bolt cutters to the inside of the suitcase.
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