Transporting a handgun from MI to CO

[patriot9879]

An acquaintance of mine is driving from MI to CO to go Elk hunting, and he would like to bring his revolver. So this brings up two questions. 1) what legal considerations should he be aware of? As far as I know he does not have a CHL in MI. The gun will be unloaded and in an locked case. 2) Once he is in CO, can he carry the gun while hunting (open carry)?

I have tried to research these questions, but I am creating more questions, especially about transportation through the various states (Michigan, Illinois, Iowa, Nebraska, Colorado). If someone can suggest a comprehensive website(s), I'd be happy to read up there.

Best Regards
--Patriot

 

[Sam1911]

The first concern is the safe passage provision of the Firearm Owners' Protection Act of 1986. That says that if your gun is unloaded and properly secured you may pass from one state where you are allowed to have that gun to any other state where you are allowed to have that gun, THROUGH any other state and you're immune from conviction for violating that third state's laws against that gun as long as you were just passing through and did not make unnecessary stops.

For the rest of your questions, go to www.handgunlaw.us, and www.opencarry.org.

 

[smalls]

FOPA covers him driving through states like Illinois, as long as its unloaded and locked up in an inaccessible location. As for open carry in CO, he should check handgunlaws.us to see if it's legal with out a permit.

Edit: Sam took the words right outta my mouth.

 

[patriot9879]

Thanks. I was reading about FOPA, but was getting hung up on the gun being legal in each state it passed through. I'll check out the websites.

Best Regards
--Patriot

 

[Sam1911]

Remember it is farily common for a state's laws on gun possession and car carrying to be far LESS restrictive than FOPA would require. In those cases, feel free to follow whatever that state's laws require. FOPA covers you in the bad spots.

But also remember, FOPA gives an "affirmative defense" -- in other words, once that state arrests you and puts you on trial, the judge will invoke federal law to set aside your violation of state law. However, you may still get to enjoy arrest, custody, and paying a lawyer to get you through the trial.

MOST states won't push the issue. But some do, because they can.

 

[NavyLCDR]

Open carry, without a permit/license, is legal in Colorado with the exception of Denver county.

http://www.opencarry.org/?page_id=207

 

[USAF_Vet]

Just advise him not to make unnecessary stops in Chicago. That's the only place I can see issues, but as long as the guns are locked in cases and being transported properly, be should have problems. Just steer clear of Chicago.

 

[hermannr]

www.Opencarry.org is a source of information for every state (as well as the Colorado info Navy posted the link too)

www.handgunlaw.us has other information that is more useful if you have a CHL, but still useful if you do not.

 

[X-Rap]

Good advise on some very informative web sites. I would also encourage your friend to get his permit as it simplifies travel in many states like Iowa that recently have liberalized their gun laws to those with permits but still are fairly restrictive for those without. I can't imagine not having one if it's available.

 

[coloradokevin]

Here in Colorado your friend may also possess his firearm in the vehicle (loaded and concealed, or otherwise) even without a concealed carry permit. That differs from quite a few other states.

Your friend didn't arrive here last night, did he? I was at the gas pumps off of I-70 at about 1am when 3-4 Michigan plated pickup trucks pulled in... they were obviously dressed and prepared for an elk hunting adventure.

 

[Zundfolge]

Open carry of a handgun for self protection while hunting is legal, but just keep in mind that there are minimum power requirements for a firearm when its used to dispatch a game animal (500 ft-lbs of energy at 50 yards, and I believe that limits one to .41mag and larger in a handgun). So if he's hunting and he only wounds an elk he needs to leave the pistol in the holster and use his rifle for the kill shot.