SC to FL Help
This is a discussion on SC to FL Help within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Need a little help understanding the Federal Firearms Transportation Statute below that came up at the Pack-N-Go Carry trip planner.
I'm traveling by car from ...
February 13th, 2008 07:01 PM
SC to FL Help
Need a little help understanding the Federal Firearms Transportation Statute below that came up at the Pack-N-Go Carry trip planner.
I'm traveling by car from home state of SC thru GA into FL. I have both a SC and FL CCW (which is honored by GA). I'm thinking that I could legally carry a loaded gun on me concealed but then I read this statue and need to know if it only applies to unlicensed gun owners.
Otherwise why bother to get non-resident permits for CCW's for reciprocity. Thanks for your help.
The federal firearms transportation statute basically states that you are allowed to transport a legally owned firearm through any state as long as you meet the following requirements.
1. Your weapon is kept unloaded and stored in a separate compartment not readily accessible by either the driver or passengers.
2. Any ammunition is kept separate from location of firearms and is also not readily accessible by either the driver or passengers.
If there is not a separate compartment available in the vehicle then the firearm must be kept in a locked container and stored somewhere other than the glove box or console.
February 13th, 2008 07:01 PM
February 13th, 2008 07:21 PM
I'm not a lawyer, nor do I play one on TV, but I believe those rules allow anyone to transport any gun you are likely to have through any of the 50 states & DC, regardless of whether or not you have a license to carry. For actual concealed carry, the laws of the states through which you will be traveling will be the controlling authority, meaning that so long as you follow all local laws & ordinances regarding carrying a firearm, you should be good to go.
The law you site basically allows someone like me to transport my guns from WI to CA - so long as they are legal to own & possess at both the departure & arrival points (as mine all were when I moved), no one can prevent me from having them at any point in between. None of them could be accessible or usable during the trip of course, but mere possession could never be prosecuted.
Hope that helps.
"It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had a right to choose: his own." - John Galt, from Atlas Shrugged
February 13th, 2008 07:54 PM
Based on your permits...you're good to go...ARMED!
Stay armed...stay safe!
"That I cannot do."
"Give this to, uh, Clemenza. I want reliable people, people who aren't going to be carried away. After all we're not murderers in spite of what this undertaker thinks."
Certified Glock Armorer
NRA Life Member
February 13th, 2008 08:08 PM
Thanks dang.45 and retsupt99!
February 13th, 2008 09:55 PM
Yes you are good to go ....Armed.... I just did a multi state travel myself & as long as the state your traveling through honors your states permit, you can carry concealed throught that state
February 14th, 2008 01:23 PM
Here is a US Code that SHOULD supercede state laws. But some states don't abide by it. I don't see where it prohibits keeping the ammo or a charged magazine in the same locked box with the unloaded (no mag seated in the well) gun. Can someone find that rule?
From the US Code TITLE 18 > PART I > CHAPTER 44 § 926A. Release date: 2004-08-06
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.
Liberty, Property, or Death - Jonathan Gardner's powder horn inscription 1776
Tu ne cede malis, sed contra audentior ito.
("Do not give in to evil but proceed ever more boldly against it.")
-Virgil, Aeneid, vi, 95
February 14th, 2008 05:57 PM
With the states your traveling in, your good to go armed in your travels.
Les Baer 45
N.R.A. Patron Life Member
February 14th, 2008 07:50 PM
You can actually transport a Firearm in and through SC loaded, in a Console, Glove box or behind the rear most seat or in the trunk, without locking them either, even without a CWP nor SC residency.
It varies state to state
but your fine with your CWP's to have it on you.
The Federal mandate allows you to travel through a state that does not recognize its own citizens rights to have an unlicensed or registered gun. It protects you for interstate commerce and travel. Within a state it can be less stringent which is an oddity in most regulations. Normally a state can only make more stringent laws. In this case it is the the other way round. This is a State issue due to the 2nd Amendment precluding infringement. However Federal Government can and does control Interstate commerce and travel in the interest of all the states. Keeping one from isolating the other.
February 15th, 2008 09:22 PM
I thank all of you for your replies.