Unload it and put it in the suit case. Keep ammo in a box.
This is a discussion on Trip from OH to FL...no CCW, one overnight. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi all, I posted in another subforum here asking about training for my fiance who's moving to FL on Saturday. As a present, I bought ...
I posted in another subforum here asking about training for my fiance who's moving to FL on Saturday. As a present, I bought him his first handgun, but now I'm starting to consider the logistics and I'm getting nervous.
I won't be going with him; he's driving down with family and siblings. He is driving his own car, but there will be three other people in it. His parents have another vehicle with some more family in it. They'll be making one overnight stop. He does not have an Ohio CCW license.
He will be passing through Ohio, Kentucky, Tennessee, Georgia, and Florida. The overnight stay will be in Georgia.
I'm trying to figure out the best way to transport it, but I'm drowning in the various regulations. Handgunlaw.us was kind of helpful, but a lot of it pertained to loaded guns or only referred to concealed weapons. I'm also lost about what to do with that overnight stay. I definitely think it's a bad idea to let it sit in the car. Is it better for me to wait and bring it to him when I fly down in a few weeks? Any suggestions/advice you all have would be very much appreciated!
Unload it and put it in the suit case. Keep ammo in a box.
Enjoy the trip.
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+1 on BkCo1'a advice...box it up, separate the ammo from the gun, and federal interstate law applies.
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Actually none of the states you list have rigid gun laws. Tennessee and Kentucky are virtually like those of western states. Like the others said, unloaded in a suitcase, in the trunk works nationwide.
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Ahhh thanks everyone! Do you have any recommendations about the overnight stop at a motel/hotel they're making? Should he just take it in his suitcase inside? Also, does the ammo need to be in a locked box or is just a separate container ok?
Bring the suitcase in the room. Easy breezy, beautiful.
God is love (1 John 4:8)
I would bring the suitcase into the room, load up and leave on nightstand, in AM unload and pack it back up in suitcase seperate from ammo. Back on the road. Easy breezy Lemon Squeezy.
Thank you! The help is VERY much appreciated. :-D
My question is,. You purchased it (so it is listed under your name?) or did you just give him the money and he purchased it himself?
The reason I say this, is if it is your gun and anyone get's there hands on it, your still responsible.. I wouldn't want any of my gun's traveling to another state with anyone but me,. IMO (for whatever that is worth)
The requirement for interstate transportation of firearms is FOPA, 18 USC 926a, quoted below. Notice in the law, separation of the ammunition from the gun is not required, however, separation of both the ammunition and the gun from vehicle occupants by a lock is required. Since your trip starts in Ohio, I believe you cannot have loaded magazines in the vehicle according to Ohio law, but, once you leave Ohio, loaded magazines would be fine, according to FOPA - and because you are now in interstate travel, the only law you need be concerned about is FOPA until you arrive at your destination.
Georgia actually has very stringent firearms laws regarding transportation and carrying for persons who are not eligible for the Georgia Firearms License. Again, FOPA applies, and once in the hotel room, the rules for a residence applies, which is, as someone stated, can be loaded and on the nightstand.
FOPA, 18 USC 926a:
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.
For the purposes of firearms transactions, once the fiance moves to Florida, and is present in Florida with the intent of making Florida a home, he becomes a resident of Florida. Then, for an Ohio resident to bring a handgun to Florida for the purpose of transferring ownership, the transer would have to occur at a Florida FFL. In order for that transfer to occur, the recipient would be required to produce Florida identification.
Now, if you actually give him the gun in Ohio, and then he moves to Florida and you store the gun for him. Then take it to Florida and return his gun to him, that is legal without an FFL.
Thanks, NavyLT. I'm typing this on a Blackberry, so I hope the formatting comes through.
It was indeed a gift, and I gave it to him on the second-to-last day of his lease in Ohio. So we're golden on that.
In terms of travelling...he has a car, with a trunk. So putting the gun in a suitcase in the trunk, and the ammo in a separate case (and an empty mag with it) is ok in everywhere except Ohio, in Ohio the container would have to be locked...is that what I should get from that?
Outside of Ohio, the only requirement that must be met, according to Federal law, is that the gun be unloaded, in the trunk, and the trunk locked. The ammo must also be stored in the trunk. The gun does NOT have to be cased in any way, and magazines can be loaded, just not inserted into the gun, and ammo does NOT have to be in any kind of separate container from the gun.
According to Ohio law, it looks like the gun only has to be in the trunk, or in a closed (does not specify locked) case. But, be careful with (B)(2) below if the car has seats that can be folded down and the trunk reached that way. The locked container requirement within the trunk does not seem to exist:
Lawriter - ORC - 2923.16 Improperly handling firearms in a motor vehicle.
2923.16 Improperly handling firearms in a motor vehicle.
(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.
(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.
(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
(1) In a closed package, box, or case;
(2) In a compartment that can be reached only by leaving the vehicle;
(3) In plain sight and secured in a rack or holder made for the purpose;
(4) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
(D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies:
(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(2) The person’s whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle.