Hello I have a question about going on vacation with your carry gun, and car gun. Ever since a little "incident" where I called the police, because my only neighbors for miles around house had smoke billowing out the window, my sheriff "advised" me to keep a truck/car gun. So if I'm in the car, it's in the passenger seat floor, truck it's on a rack, in the back. And my usual carry gun is on me in my holster concealed. We are going from eastern US to Maine,Vermont,Massachusetts,Rhode Island,Connecticut,New Hampshire,New York,Pennsylvania. We are traveling through those states to go to Maine, we will only be staying an hour or so in those states before we start driving again. Could I just keep them on me, and in the car, and if I get pulled over just not say anything, I know your supposed to say something to the officer, but that is just a violation of my rights, or at least that's how I see it.
Vacationing with a firearm?
- Thread starter Hatter
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TenDriver
Member
There are legal ways to do it, but NJ and NY are non-starters for me. FOPA will cover you as long as you are JUST passing through those states, but that doesn't mean you won't get arrested and let a judge sort it out. Too much risk in my opinion, but your mileage may vary.
smalls
Member
You can do whatever you want, but chances are you'll be running afoul of the law.
No ones going to tell you to break the law here, or tell you that it's OK.
Have fun being a test case.
No ones going to tell you to break the law here, or tell you that it's OK.
Have fun being a test case.
If I was traveling East, I would store the pistol in a storage locker or safety deposit box in PA before crossing into NJ or NY. If you don't want to go that route and travel under FOPA 86. Lock the pistol in the trunk in a box and ammo separate. Just don't stop in NJ or NY for even gas or for whatever reason and just drive straight through.
Your shortest path from PA to CT would be I-84 from PA through NY into CT. You would avoid going through NJ and only a short time in New York State.
http://en.wikipedia.org/wiki/Interstate_84_(east)
Good Luck
Your shortest path from PA to CT would be I-84 from PA through NY into CT. You would avoid going through NJ and only a short time in New York State.
http://en.wikipedia.org/wiki/Interstate_84_(east)
Good Luck
Sam1911
Moderator Emeritus
What state's concealed carry permit do you hold now? That will help us determine what states you could legally keep your gun on your person in.
Or you could look it up yoursef: www.handgunlaw.us
Of the state's you'll be in, only the state of VT allows you to carry your firearm on your person without a permit or license. PA will allow you to carry IN YOUR CAR (but not out of your car) with any license or permit to carry, whether it is officially recognized by PA or not.
Otherwise, the only way you may transport your firearms through all of those states under the law is for them to be unloaded and secured in a case in your trunk (or inaccessible part of the vehicle if yous does not have a trunk).
Whether you notify an officer that you're carrying a loaded firearm is a matter of state law. In some states you MUST. In some, it's up to you. Again, check www.handgunlaw.us to find out the law in each state.
Or you could look it up yoursef: www.handgunlaw.us
Of the state's you'll be in, only the state of VT allows you to carry your firearm on your person without a permit or license. PA will allow you to carry IN YOUR CAR (but not out of your car) with any license or permit to carry, whether it is officially recognized by PA or not.
Otherwise, the only way you may transport your firearms through all of those states under the law is for them to be unloaded and secured in a case in your trunk (or inaccessible part of the vehicle if yous does not have a trunk).
Whether you notify an officer that you're carrying a loaded firearm is a matter of state law. In some states you MUST. In some, it's up to you. Again, check www.handgunlaw.us to find out the law in each state.
RedBowTies88
Member
Follow FOPA guidelines and if you are stop don't answer any questions about the contents of your vehicle. Also a good idea to keep the gun cases and ammo out of sight.
Nothing illegal about that.
Nothing illegal about that.
flphotog
Member
Sam1911, I'm a bit confused about your comment on PA. I have a FL CCW which is honored in PA. Are you saying that I can not Carr in PA? That just doesn't make an sense. An I misreading what you said or am I misreading the law in PA?
oneounceload
member
I guess I just do not get this panic-stricken "don't stop in NY or NJ or you're going to jail" mantra. If you drive normally, stop for gas, etc. the police aren't going to do a roadblock to search you for a gun in your trunk - FOPA makes traveling through perfectly legal when following the criteria.
RedBowTies88
Member
PA just stopped accepting FL chp's. I'm not sure if it only applies to non-residents or everyone but be sure to check
Ed Ames
Member
The risk of being stopped is very very low. The consequences of being stopped in NY/NJ are disproportionate (as in, even if you follow law you can be arrested and it can cost you time/money/reputation/privacy). People like being drama queens and will couch that in extreme ways but the reality is that avoiding those states would be better.
That's sarcasm I hope, In my state its illegal to to have weapons out of sight, unless it's in a compartment installed on the vehicle from the MFG, or on you and you have a carry permit.
Is there some for of permit I can get or something like that for traveling? This is seeming like a very arduous process to provide protection for me, and my family members.
It's not like the firearms are illegal in these states,except new york maybe.
Sam1911
Moderator Emeritus
If you are a FL resident holding a FL carry permit, you are good to go in PA.
(If you have a NON-RESIDENT FL permit, PA no longer honors it.)
What I was pointing out is a quirk of PA law that says if you hold a permit from some state that PA does NOT honor, say one from Alabama for example, PA says that credential is still good enough for you to carry in your car.
It works like this:
PA permit, or permit PA recognizes: Carry darned near anywhere you want.
Permit from somewhere PA doesn't honor: Carry in your car, but not out of your car.
No permit: Open carry only, and then NOT in your car, and not in Philly.
Sam1911
Moderator Emeritus
Federal law, under the "Firearm Owners Protection Act of 1986", says you may transport your guns from any place where you can legally possess them to any place you may legally possess them -- even if that means you have to travel through a state (say New Jersey) where they would be illegal. However, the guns must be unloaded, and/or locked in a case, and secured in the trunk. (See? http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act)
If you are arrested in a state for having guns that are illegal in that state, and you actually are travelling without unnecessary stops, and the guns were secured properly, and you go to trial, FOPA provides an affirmative defense that is supposed to set your guilt for the state law violation aside. NY or NJ (or wherever) can still arrest you and still put you through trial, but in the end they have to let you go, if you can prove you met the FOPA guidelines.
flphotog
Member
OK, that makes sense. Well as much sense as any gun laws do.
Sam1911
Moderator Emeritus
In a great many states, possessing firearms is not illegal. BUT, only three states at this point allow you to carry loaded handguns around without a permit of some kind.
In most states, you can transport your guns unloaded and cased (or cased and locked as the case may be) all you want without breaking the law. You just can't carry them around loaded. (A few states DO allow you to carry them loaded in your car without a permit. You'll need to check each state.)
"FOPA" offers you some protections for those very few states where your guns might actually be illegal -- so long as they're being transported correctly and you're really just passing through.
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Sam1911
Moderator Emeritus
Sort of. You can get the UT non-resident permit which will cover you in the most states of any permit. However, it doesn't cover you in about half the state's you're going to.
You could apply for non-resident permits in most of those states, but that would be costly and take some time.
Maine honors these permits: Arkansas, Delaware, Louisiana, Michigan, North Dakota,
Pennsylvania, South Dakota, and Wyoming
Vermont requires no permit from anyone. Anyone who may legally possess firearms may carry them. As it should be!
Massachusetts honors no other state's permits. A non-resident permit is available, but it is a mess to get.
Rhode Island recognizes no other state's permits and only issues non-res permits if you have a home or business there.
Connecticut doesn't recognize any other state's permits but does issue a non-res permit if you meet certain qualifications.
New Hampshire recognizes Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Michigan, Missouri, Mississippi, North Carolina, North Dakota, Oklahoma, Pennsylvania Tennessee, Utah, and Wyoming
New York doesn't recognize any other state's permit. Non-res seems difficult.
Pennsylvania recognizes a lot of state's permits...
I'm afraid there's no such thing (except, as outline by Sam, for a few more widely recognized conceal carry permits).Hatter said:
So here's how it all shakes out:
- Passing through New York and Massachusetts (and perhaps Rhode Island) you may not have a gun accessible to you in the car. You will need to rely on the FOPA for legal cover. That means that the any gun must be unloaded, in a locked case/inaccessible. And you must just be passing through without stops, except for short stops for gas or food.
- In Vermont, you may carry a loaded gun on your person without a permit.
- If you have a concealed carry permit honored by any State through which you'll be passing, you may carry the gun concealed on your person.
- Otherwise, you may have a loaded gun accessible in your car only to the extent and as permitted by the laws of the State in which your traveling at the time. See Handgunlaw.us for information on those laws.
- If the laws of any State don't allow you to have a gun accessible in your car, your fallback will be the FOPA.
It looks like the OP has the information he needed.
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