Required to inform officers when traveling with unloaded, non carried firearms?

[.cheese.]

Last question about traveling interstate via road with guns.

Guns are unloaded, in boxes, in the trunk, with no mags in them.

Hypothetically, I get pulled over for something.

Any duty to inform?

I'm not asking SHOULD I inform, I'm asking if I'm legally bound to inform.

Under Federal law, it seems no.
USC § 926A doesn't make any mention that I should inform officers. I don't know if state law is different though in Georgia, Tennessee, Kentucky, Missouri, Iowa, or Minnesota

 

[Bill_Rights]

I don't know what Federal law is, but, absolutely, state law prevails. Just because you are on an Interstate highway, it is NOT the case that state law is irrelevant. State law still applies FIRST (and even local law, should the interstate go through a municipality), THEN and ALSO Federal law applies.

In Virginia, what you are proposing would be legal under state law, though there are restrictions on transporting some types of weapons like street sweepers (semi-auto or auto 12 guage shotgun with high-cap mag), etc. You would NOT need to volunteer to inform in Virginia.

 

[Glockman17366]

I wouldn't, unless the LEO specifically asks. Then you do not want to lie.
As long as the firearms are carried legally (unloaded, ammo separated from the guns) and you make no unnecessary stops through the anti-rights states (that'll be the rub), you shouldn't have any problems.
The main thing is to be pro-active. Don't drive in such a manner that you'd attract an LEO's attention. Just stay up with traffic and obey all the traffic laws (not all states allow "right turn on red", for example).

 

[Deanimator]

I don't know what Federal law is, but, absolutely, state law prevails. Just because you are on an Interstate highway, it is NOT the case that state law is irrelevant. State law still applies FIRST (and even local law, should the interstate go through a municipality), THEN and ALSO Federal law applies.

FOPA

When transiting a state during interstate travel, FEDERAL law prevails.

If I start some place where my M1911 and AR15 are legal, and end up some place where they're legal, I have the LEGAL right to pass through NYC, Chicago or any other anti-gun dictatorship as a reasonable part of that trip with those guns, unloaded, ammunition separate, in cases in my trunk, and local laws are irrelevant.

Absent some identifiable, relevant criminal act, any attempt to seize those firearms or attempt to prosecute me for having them is null and void, and actionable in civil court. And you'd better believe that anybody who tried it would end living in a cardboard box, feeding their kids ramen from the local food bank.

 

[thesolidus]

good case of shuddup a you mouf.
If your pulled over and start blabbing how your travelling, visiting you cousin, going to the movies etc you could tie yourself to that story and null the interstate travel exemption.
Don't volunteer information you don't have to.
Dad always said, don't bring all your recipts to the tax man, just the one they ask for, one by one by one by one.
Be polite, be helpful, be pleasant and complimentary but give away as little info as possible.

Case in point. Friend pulled over in Cali. Had 3 banned rifles with high cap mags. Told officer he was "travelling" (didn't specify for work etc.). Asked how long he'd been in state "Just driving thru today" (been here for months, but still true.) Do you have any weapons on you. I'm not carrying any weapons, no" Can I see what's in the trunk? "sorry officer, it's locked." etc.
Very politely he avoided a ticket for no Ca plates (they get you even if your here for a month on buisness, didn't give up any info, didn't reveal he had rifles without lying, avoided a search and chatted up the officer who was friendly and cool.

 

[Hungry Seagull]

Federal Law first on that Interstate. Then State then Local laws.

The only exception I have ever seen but never tested... is those sections of Interstate through Indian Nations specifically signed for that Nation. Tribal Law first then US Laws later after you finish Tribal.

I dont care what road you are on, big or small. If your weapon is in trunk in a case and your ammo elsewhere also locked you are to keep your big mouth shut and sign that speeding ticket.

If specifically asked for whatever reason if you have weapons in the vehicle, say so and why. (Going to the range etc.) and then SHUT UP.

Always cooperate. But be careful of when the Officer asks consent to search for whatever reason. You DONT HAVE to consent according to our Consitution. But because it is a Federal Interstate, they might bring in a Marshal who WILL search that vehicle and it's not about you at that point.

I have had my Rig searched sooo many times that the Officers usually find everything in thier expected places. Coffee here, Doughnuts there, Munchies yonder, logbook heah and paperwork in the door with clipboard. Never mind the reading material, computer, TV and videos etc.

One little tidbit. A chemical toilet turns my rig into a house. Things become a little bit different when looking at parking situations on or near a Interstate.

I have had Deputy Showboat Shoe pull me over in tinyville nowhere on that interstate and stand on fuel tank just like the big State and Federal Officers do. No difference.

I'll tell you something else too.

I usually had the most trouble inside a town limit proper because the CHIEF Of Police will be the one standing on my fuel tank yelling at me in kindergarden words how I make a boo boo and now must either sign a peice of paper or see a nice Justice of Peace. (Unless it is after business hours on a friday night.)

Oh... before I forget....


OCCASIONALLY.... you are part of a Military Movement and must obey Commands issued to you by the MP's instantly and correctly should that Military Movement take place around you. One night I go beddy-bye in a trux stop with two thousand other trucks on a normal work night. The next morning at sunrise, said truck stop was empty except for late risers like me and a mech infantry division filling the place in trucks.

I havent ever gotten to the weapons yet have I?

Well.. there were.. weapons about, but usually not the kind that goes boom, bang or have high capacity anything.

 

[akodo]

I wouldn't, unless the LEO specifically asks. Then you do not want to lie.

you do not want to lie. You want to not answer.

a plain old 'what did I do officer?' or 'I gave you my insurance card, right? Is that the most up to date one? I think I have another one here if it isn't'

Remember, you always have the right to remain silent (beyond identifying yourself). This right does NOT kick in only after you are arrested.

 

[mljdeckard]

I very much agree. A cop will ask you all kinds of questions you don't have to answer. Refusal to answer is not probable cause that a crime has been committed. "Am I free to go officer?" should end the conversation.