Peaceable Journey: Is there an implied allowance?
This is a discussion on Peaceable Journey: Is there an implied allowance? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; A recent question about a "peaceable journey" through a state in the USA got me thinking: Is there an implied allowance for someone to transport ...
September 30th, 2006 07:28 AM
Peaceable Journey: Is there an implied allowance?
A recent question about a "peaceable journey" through a state in the USA got me thinking: Is there an implied allowance for someone to transport one's weapons through a state without issue, so long as the rules in that state are followed with respect to (a) not being loaded and (b) being secured in a locked case/trunk for the duration of the journey? Or, is the simple answer that it varies from state to state?
Guess: That it's absolutely an issue of state's rights, and that each state's firearms laws can vary considerably.
Does anyone know for certain? (Links, laws.)
September 30th, 2006 09:19 AM
In response to your question "Is there an implied allowance . . . "
The allowance is not just implied, it's specified by Federal Code:
Title 18, Part I, Chapter 44, Section 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.
While you are correct that the state laws vary considerably and you should check state by state when you travel, it is my understanding that the above listed federal law is the "worse case scenario" of how you may legally transport your firearm from state to state. If you check specific state laws, you will find some that allow much more than this. For example, WV allows open carry with no permit, so when you travel, simply lay the gun in open sight on the seat, dash, or holstered to your person in plain sight. Second example, SC allows you to carry in your vehicle without a permit, but the firearm cannot be exposed or on your person, but can be loaded in your glove box or console, and you can carry it directly between your vehicle and your hotel/motel room.
For the state laws, check http://www.handgunlaw.us/documents/USRVCarCarry.pdf. You will find lots of interesting details on each state, and they even list most of the actual code numbers so you can look it up yourself if you need to.
Hope this helps!
September 30th, 2006 09:37 AM
Federal law trumps state or local
The Federal law cited above allows people moving from state to state to pass through a location with restrictive firearm laws and legally transport their gun. I believe the motive for the law was to prevent the type of harassment that sometimes happens in places like New Jersey or New York, when honest citizens who were simply travelling through the state would be victimized by the local police.
The harassment can still happen, but the citizen who follows the Federal rules will ultimately prevail in court.
September 30th, 2006 10:28 AM
traveling through...means just that...NOT traveling through and taking a room for the night to rest...don't STOP...because the rules can then change!
Originally Posted by pogo2
Proverbs 27:12 says: “The prudent see danger and take refuge, but the simple keep going and suffer for it.”
Certified Glock Armorer
NRA Life Member
September 30th, 2006 01:10 PM
Traveling through a state does allow for piss breaks,food breaks and sleep breaks. As goofy as the government can be, I don't think that they are that bad!
October 1st, 2006 01:50 AM
Hmmm, I can think of at least one other thing that should be on that list.
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