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Transporting over state lines - Legal?

JeroldJerold Member Posts: 71 ✭✭
I was originally told that I can legally transport my firearm across state lines as long as it's locked up in the trunk in a case and unloaded. I live in NJ and I've got family who shoot in neighboring states that I'd like to go shooting with. The lady at the shop where I bought my pistol said that I just can't transport my firearm thru NYC and Washington D.C.

There is a radio DJ that was talking about his limitations to carry his firearm to neighboring states, but I wasn't sure if he was referring to concealed carry or just transporting to go to a range.

I don't want to show up at a neighboring state's range and have the range owner call the cops because I unknowingly brought my firearm over state lines (if it's illegal).

Thanks!

Comments

  • salzosalzo Member Posts: 6,396 ✭✭
    edited November -1
    It depends on where you are going, and where you are coming from. I hunt in New York, have to drive through Jersey to get there. From what I have gathered, it is illegal for me to drive through Jersey with a firearm, UNLESS I am going hunting somewhere else. I dont take chances, I drive straight through Jersey, and get to New York as fast as I legally can. I believe since I have my hunting license, I am kosher-but cops not knowing the law is certainly a possibility, so just because the law is on my side, I do not assume that I will be fine.
    From what I have heard about New York-you cant have a gun period. Even if just driving through.
  • JeroldJerold Member Posts: 71 ✭✭
    edited November -1
    I live in NJ. My brother in law is in NY State. Cousin's and ranges in PA and my other BRo-in-law in MD.

    I got the info from the owner of the shop when I bought my pistol and was talking to a guy buying the new Sig rifle and he goes to an outdoor range out on Long Island, NY.

    My wife and I took a pistol class with an NRA insructor in NJ and he was gonna take us to the range that is in the same town as my Bro-in-law in NY state, but we didn't have our FID's yet, so we couldn't go.
  • salzosalzo Member Posts: 6,396 ✭✭
    edited November -1
    You will not have problems in Pennsylvania. I think you might be required to have the ammo seperate from the firearms, but I am not sure.
    Maryland I am not sure. I would assume the worse for that state, their anti gun policies are about as restrictive as you can get.
  • codenamepaulcodenamepaul Member Posts: 2,931
    edited November -1
    The 1986 Firearms Owners Protection Act allows for peaceable journey through any state as long as you were legal in both start and ending destinations.

    That said. It was sage advice the old man gave when he told me "Break only one law at a time"
  • JeroldJerold Member Posts: 71 ✭✭
    edited November -1
    I contacted the NRA instructor I had and he referred me to NRA-ILA website.

    I did a quick browse and from what I read on their site, it is illegal to transport unless going to and from an NRA sanctioned event. I don't know if what's written is out of date or not. It didn't mention that 1986 law. I found one part that said that it can be up to 7 years in jail if you transport illegally in NY.

    I'll keep seeing what I can find.
  • JeroldJerold Member Posts: 71 ✭✭
    edited November -1
    Just looked up the 1986 law...

    Here is the part about "safe Passage"

    _________________________________
    "Safe passage" provision
    One of the law's provisions was that persons traveling from one state to another for a shooting sports event or any other lawful activity cannot be arrested for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver's compartment, in a locked container.[2]

    An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time.

    ________________

    The question is, is going to a range considered an unlawful activity, 'cause from what I've read and what it sounds like is that you need a permit to have it in the non-resident states. Even the PA section says that non-res need to get special permission from the local police station.
  • codenamepaulcodenamepaul Member Posts: 2,931
    edited November -1
    Let me see if I can help here. For clarification-you live in NJ and I assume are licensed to carry concealed there. You want to shoot pistol in NY, PA and MD with family-not a sanctioned event of any kind.

    No rifles mentioned.I think.

    Posession of pistols in NY for any reason by non-residents is strictly verboten. There is no provision in the law for law enforcement either (though there is always professional courtesy)

    PA and MD I have little familarity with, so I reserve comment.
  • salzosalzo Member Posts: 6,396 ✭✭
    edited November -1
    quote:Originally posted by codenamepaul


    Posession of pistols in NY for any reason by non-residents is strictly verboten.


    I dont think a non resident can even touch a pistol in New York. A relative was showing me a pistol, said by law, I wasnt allowed to touch it-and I swear I didnt![:)]
  • 11b6r11b6r Member Posts: 16,584 ✭✭✭
    edited November -1
    Federal law- Title 18 USC, Sec 926A- copied and pasted below. This law takes precedence over state law. If it is legal for you to have at place of origin, and legal to have at destination, you can transport it through other places. Has nothing to do with NRA competitions, etc etc.
    "? 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."

    Translation? Unload it, case it, lock it in the trunk. Legal at both ends of the trip, legal in the middle. CARRYING a loaded weapon is a whole 'nother matter, but TRANSPORTING an unloaded firearm is legal.
  • Hunter MagHunter Mag Member Posts: 6,610 ✭✭✭
    edited November -1
    You guys might want to keep a copy of these law(s) with you to show an unknowing LEO to prevent arrest and $$$ and time in court.[:(]

    Better safe than sorry.
  • JeroldJerold Member Posts: 71 ✭✭
    edited November -1
    Thanks for the specific law. I'll have to look it up and read the entire thing. The issue in question is still, "legal to have at the final destination". From what I've read regarding laws on the NRA-ILA site on state laws, it is illegal to possess/carry/transport a firearm (specifically, pistol) in the state of NY w/o a license.
    I'm assuming a NY State license to own/purchase and not my NJ FID card which makes it legal for me to own and transport it in NJ.

    I'm gonna take a copy to the gun shop this week and ask them.
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