Interstate travel

Interstate travel

This is a discussion on Interstate travel within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I know that the legal advice you get from a forum is worth every penny you pay for it but I am still going to ...

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Thread: Interstate travel

  1. #1
    Distinguished Member Array Glock2201's Avatar
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    Interstate travel

    I know that the legal advice you get from a forum is worth every penny you pay for it but I am still going to ask this question and hope somebody can give me an answer. I am planning a trip at some point to drive from New Hampshire to South Carolina and stay for about a week. My CCL is not valid in SC so if I am reading the handgun laws correctly I am not allowed to bring it with me on the trip even locked up with ammo separate. I realize that I would not be able to carry while I am in SC but if I read the laws right it is OK to have in a hotel room.

    Am I reading the laws correctly so I have no other choice but to leave the firearms at home? Also breaking the law is not an option I want to pursue so please no answers like always carry never tell.

    If this is in the wrong place mods please move it instead of closing it.
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    VIP Member Array BenGoodLuck's Avatar
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    The first place to check is Handgunlaw.us. On page 7 of the SC information, I found:

    Section 16-23-20. Unlawful Carrying of Handgun; Exceptions.

    (9) a person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed
    trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of
    the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the
    presence of a law enforcement officer for the sole purpose of retrieving a driver’s license, registration, or
    proof of insurance; If the person has been issued a concealed weapons permit pursuant to Article 4, Chapter
    31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed
    storage compartment within the vehicle’s passenger compartment; or”

    My advice, to be safe, is for you to contact the SC State Police and ask them if the above is correct for someone traveling through the state.
    bigpapa and Dan060 like this.
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    Distinguished Member Array Glock2201's Avatar
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    Thanks Ben. I am actually more concerned about going through states like Mass. and NY than I am SC. I think I remember reading that you can only transport a firearm from a state you are allowed to carry and possess to a state that you are also allowed to and seeing how I am unable to Carry in SC I am pretty sure it is illegal for me to do it.

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    Not a lawyer but ..

    The FOPA covers intersate travle ie locked unloaded etc in trunk no stops unless for gas/food (no overnights covered ) and imop I dont see why you could not just have the handgun in your hotel room ( carried locked from the car to the room.. SC does not last I look require a permit to own or have a gun just to carry it ...

    But again ask the State PD ..
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    These resources will also cover you in transit, as well as in SC:

    NRA-ILA | Guide To The Interstate Transportation

    That's a great start, then:

    NRA-ILA | State Laws

    And wrap it up here:

    Handgunlaw.us

    You need to study these resources very carefully, unfortunately, but it is you taking the trip, no one here offering free advice.


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    Quote Originally Posted by Glock2201 View Post
    I know that the legal advice you get from a forum is worth every penny you pay for it but I am still going to ask this question and hope somebody can give me an answer. I am planning a trip at some point to drive from New Hampshire to South Carolina and stay for about a week. Also breaking the law is not an option I want to pursue so please no answers like always carry never tell.
    Ah but look at the map. I do not see anyway to drive or walk from NH to Southern states without passing through NY state (or Canada). A state that does not honor FOPA...

    If they find you with an unregistered handgun within their state borders they WILL arrest you and charge you with a felony.
    If they find you have a magazine that exceeds 10 round capacity they WILL arrest you and charge you with a felony.
    If they find you have a magazine with over 7 rounds loaded, some they WILL arrest you and charge you with a felony., some Sheriffs refuse to enforce it.
    If they find you have a Taser, Pepper Spray and a huge list or other SD tools, they will arrest you.

    And I really wonder why they have a high crime rate.. hmmm.. just befuddles me

    If you truly believe that is in violation of your 2A rights, or FOPA, no problem, they will transport you from your cell to court to fight it.

    NY State does not have a sense of humor or common sense..

    Choices would be to mail it ahead to an FFL... Fly and hope you don't get diverted to land inside NY state.. leave it home.
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    Distinguished Member Array Glock2201's Avatar
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    NY seems to be the big issue and unfortunately it looks like I need to leave it at home. That and it seems that I can possess it in SC but just can't carry it.

    If I take it and get caught can't I "just blame Sixto"

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    Distinguished Member Array Glock2201's Avatar
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    Quote Originally Posted by Parrisk View Post
    Ah but look at the map. I do not see anyway to drive or walk from NH to Southern states without passing through NY state (or Canada). A state that does not honor FOPA...

    If they find you with an unregistered handgun within their state borders they WILL arrest you and charge you with a felony.
    If they find you have a magazine that exceeds 10 round capacity they WILL arrest you and charge you with a felony.
    If they find you have a magazine with over 7 rounds loaded, some they WILL arrest you and charge you with a felony., some Sheriffs refuse to enforce it.
    If they find you have a Taser, Pepper Spray and a huge list or other SD tools, they will arrest you.

    And I really wonder why they have a high crime rate.. hmmm.. just befuddles me

    If you truly believe that is in violation of your 2A rights, or FOPA, no problem, they will transport you from your cell to court to fight it.

    NY State does not have a sense of humor or common sense..

    Choices would be to mail it ahead to an FFL... Fly and hope you don't get diverted to land inside NY state.. leave it home.
    Mass and Conn have tough restrictions as well but I can avoid those states if I go an indirect route. I found that self defense spray is legal in NY as long as you are not a felon or convicted of assault.

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    If it were me I would keep it unloaded and locked in a case in your trunk until you got to Virginia and don't fret it....


    YMMV
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    Quote Originally Posted by Parrisk View Post
    Ah but look at the map. I do not see anyway to drive or walk from NH to Southern states without passing through NY state (or Canada). A state that does not honor FOPA...

    If they find you with an unregistered handgun within their state borders they WILL arrest you and charge you with a felony.
    If they find you have a magazine that exceeds 10 round capacity they WILL arrest you and charge you with a felony.
    If they find you have a magazine with over 7 rounds loaded, some they WILL arrest you and charge you with a felony., some Sheriffs refuse to enforce it.
    If they find you have a Taser, Pepper Spray and a huge list or other SD tools, they will arrest you.

    And I really wonder why they have a high crime rate.. hmmm.. just befuddles me

    If you truly believe that is in violation of your 2A rights, or FOPA, no problem, they will transport you from your cell to court to fight it.

    NY State does not have a sense of humor or common sense..

    Choices would be to mail it ahead to an FFL... Fly and hope you don't get diverted to land inside NY state.. leave it home.
    Not helpful.

    OP, If you do your homework on each state, I think you should go ahead and bring your handgun. Before crossing the border into MA, lock it up unloaded with ammo in separate container (I forget which states like that...but at least one or two do IIRC). Also, leave the hi-cap mags at home. Don't mess with those in NY, CT, MD and MA (though pre-bans are fine here in MA). Have a copy of the FOPA law with you and drive to SC with minimum time in NY. I live in MA and if I was driving to SC, I would go thru CT and follow I-84 to minimize my time in NY then ride into PA. I'd then go down I-81 to also minimize my time in MD and avoid the DC/Baltimore areas. Once you hit VA you should be good to go, and pending which permits you have you may be able to carry thru VA and NC. Yup, no carry in SC, but you should be good to go in your hotel room, and double check on this...you might be able to have it loaded in your car glove compartment, too.

    As an aside, I would stay out of NJ. They have the biggest rep for ignoring FOPA. I think as long as you stay out of NYC, and obey the speedlimit NY shouldn't pose a problem. Also, MA is not known to be a problem for FOPA. Just make sure you have everything unloaded and secure per FOPA in the trunk.
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    Distinguished Member Array Glock2201's Avatar
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    Quote Originally Posted by Pro View Post
    Not helpful.

    OP, If you do your homework on each state, I think you should go ahead and bring your handgun. Before crossing the border into MA, lock it up unloaded with ammo in separate container (I forget which states like that...but at least one or two do IIRC). Have a copy of the FOPA law with you and drive to SC with minimum time in NY. I live in MA and if I was driving to SC, I would go thru CT and follow I-84 to minimize my time in NY then ride into PA. I'd then go down I-81 to also minimize my time in MD and avoid the DC/Baltimore areas. Once you hit VA you should be good to go, and pending which permits you have you may be able to carry thru VA and NC. Yup, no carry in SC, but you should be good to go in your hotel room, and double check on this...you might be able to have it loaded in your car glove compartment, too.

    As an aside, I would stay out of NJ. They have the biggest rep for ignoring FOPA. I think as long as you stay out of NYC, and obey the speedlimit NY shouldn't pose a problem. Also, MA is not known to be a problem for FOPA. Just make sure you have everything unloaded and secure per FOPA in the trunk.
    I will be bringing my pickup and if I decided to bring it I would lock it up somewhere in the bed. I would probably lock it up with ammo separate when I leave because it would be such a short time before I hit the MA border. I did plan on going I84 to Scranton and pick up I81. I will be making stops in VA at a relative for one night and NC for a night on the way down but will more than likely stop somewhere in PA on the way back.

    I am not sure if it is worth the potential trouble I might have to bring it just to have it in the hotel room but I guess I have to think about.
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    Senior Member Array Kasey88's Avatar
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    I'm not a lawyer but i do know the guns laws for S.C..For anyone who doesn't have a permit or it's no good here,you still can have a gun (loaded or unloaded) in the glovebox or console,as long as it has a top that will close. It does not have to be locked .You also can carry it to and from a motel room you are staying in.Here again i'm talking about S.C. only.

    So far as the above,it's been that way for a long time..I started keeping my gun in the console when i was 19 yrs old.I use to visit a friend upstate and didn't want to leave home without it. Sometimes i still put mine in the console beside me ,if i'm traveling in state,even thou i have my CWP..It's easy to get to and more comfortable. Just fyi in case you may not know,they are no kind of stupid magazine restrictions,or any of the other dumb laws some have,like up north.
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    Distinguished Member Array Dan060's Avatar
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    So far as S C goes, Kasey88 and BenGoodLuck hit the nail on the head..That's been the law here i know for at last 25 yrs..I'm glad our leaders realized a gun locked up with ammo separate,won't do you a lot of good should you need it..I would suggest exactly what BenGoodLuck posted.

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    VIP Member Array BenGoodLuck's Avatar
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    Here is a great article on FOPA and interstate travel:

    NRA-ILA | Guide To The Interstate Transportation

    CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney.

    Read it carefully; for example:

    NEW YORK—Caution: New York state’s general approach is to make the possession of handguns and so-called “assault weapons” and “large capacity ammunition feeding devices” illegal and then provide exceptions that the accused may raise as “affirmative defenses” to prosecution. The only exceptions to the “assault weapons” and “large capacity” magazine bans are provisions which allow possession of otherwise banned items manufactured on or before September 13, 1994, or ammunition feeding devices “capable of operating only with .22 caliber rimfire ammunition.” The possession or transport of any other “assault weapon” or “high capacity” magazine is a felony. The prohibited ammunition feeding devices include not just magazines that have a capacity of more than 10 rounds but those “that can be readily restored or converted to accept more than 10 rounds.”

    Possessing a loaded handgun outside one’s home or place of business without a license is a felony. This applies not only to those who possess loaded handguns, but also to anyone who merely possesses a handgun and “at the same time … a quantity of ammunition which may be used to discharge such firearm.” Licenses to possess and carry handguns are not issued to out-of-state residents, unless they are principally employed or own a business in New York.
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    New Member Array Eustice's Avatar
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    What firearm do you have? Where will you be staying in SC? Maybe bring the gun and a local member here can loan you a magazine or two and some ammo?

    That may keep you legal in that you have a secured handgun in the communist stae, but don't possess the magazine or ammunition for it.

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