I'm annoyed -- about to leave on a trip

I'm annoyed -- about to leave on a trip

This is a discussion on I'm annoyed -- about to leave on a trip within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This afternoon, I am driving with my little brother and my mom from where I live (VA) to Vermont. When we're there, we plan on ...

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Thread: I'm annoyed -- about to leave on a trip

  1. #1
    Distinguished Member Array GWRedDragon's Avatar
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    I'm annoyed -- about to leave on a trip

    This afternoon, I am driving with my little brother and my mom from where I live (VA) to Vermont. When we're there, we plan on doing some shooting, so I packed my guns unloaded in locked containers and placed them out of reach as per federal law 18USC926A since we will be driving through NYS to get there. But, I made one mistake: I asked my little brother if he wanted to bring along his guns. I told him that if he did he should only bring 10-round magazines.

    Well, he responded by calling the NY state police and asking them about it. They told him that magazines larger than 10 rounds are no problem, but by driving through with a locked up pistol I would be committing a felony. Now he's totally freaked out, and I know that if we get pulled over the first words out of his mouth will be "he has guns in the back!" He told me that I am wrong about federal law and that I cannot bring a locked, unloaded pistol through NYS. I even printed a copy of 18USC926A for him and he doesn't believe my reading of it.

    There isn't really a point to this other than the fact that I'm annoyed and wanted to vent. I know that my reading of the law is correct, and it annoys me a bit that the NYS police would disagree with it. Oh well.
    "Trust in God with hand on sword" -Inscription on my family's coat of arms from medieval England
    ---Carry options: G26/MTAC, PF9/MiniTuck, PPK/Pocket, USP40/OWB---
    ---NOTE: I am not an expert. If I ever start acting like a know-it-all, please call me on it immediately. ---


  2. #2
    VIP Member Array shooterX's Avatar
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    Have you double checked the NYS laws?

  3. #3
    Distinguished Member Array GWRedDragon's Avatar
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    It's federal law. We're not stopping in NY, just traveling through.

    Sec. 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.
    "Trust in God with hand on sword" -Inscription on my family's coat of arms from medieval England
    ---Carry options: G26/MTAC, PF9/MiniTuck, PPK/Pocket, USP40/OWB---
    ---NOTE: I am not an expert. If I ever start acting like a know-it-all, please call me on it immediately. ---

  4. #4
    VIP Member Array shooterX's Avatar
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    I understand that you are quoting the Federal law, doesn't mean NYS doesn't impose an additional requirements.
    Last edited by shooterX; July 22nd, 2009 at 05:20 PM.

  5. #5
    Distinguished Member Array GWRedDragon's Avatar
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    Any 'additional requirement' of NYS is invalid under the federal statute.
    "Trust in God with hand on sword" -Inscription on my family's coat of arms from medieval England
    ---Carry options: G26/MTAC, PF9/MiniTuck, PPK/Pocket, USP40/OWB---
    ---NOTE: I am not an expert. If I ever start acting like a know-it-all, please call me on it immediately. ---

  6. #6
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    Array Xader's Avatar
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    Seems pretty straightforward:

    Look like the federal preemption on interstate commerce allows this sort of travel as long as the gun is properly unloaded and stored.

  7. #7
    Distinguished Member Array tinkerinWstuff's Avatar
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    "little brother" - just give him a wedgy or a swirly and tell him to shut the *^&%# up
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

    Who is John Galt?

  8. #8
    Member Array BaserRonin's Avatar
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    Quote Originally Posted by tinkerinWstuff View Post
    "little brother" - just give him a wedgy or a swirly and tell him to shut the *^&%# up
    Sounds like the way to go.


    He is indeed covered under the safe traveler laws.

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    Member Array tbmccord's Avatar
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    ... what TinkerinWstuff said!!!
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  10. #10
    VIP Member Array dukalmighty's Avatar
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    Yep traveling thru,just make sure in NY state you obey speed limits etc so as not to draw undue attention or give them a reason to stop you and little brother won'yt have a reason to get you in trouble,also refuel/bathroom break before entering the state and hopefully no reason to stop anywhere
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
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  11. #11
    VIP Member Array HKinNY's Avatar
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    Your brother may still have water in his eyes and ears fromthe last swirly. You are good to go. Go stick the COM safe under the spare tire with out telling your brother.

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    Have you considered a gag for your brother and tying him to the hood of the car?

  13. #13
    VIP Member Array cvhoss's Avatar
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    I believe you are exactly correct in your interpretation of the law but in order to minimize your expose, make sure you check all of your brake lights, tail lights, turn signals and license plate lights. Even if legal, no need in causing yourself more grief for a $1.00 light bulb.

    Hoss
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  14. #14
    Member Array Sand86's Avatar
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    Glad to be out of that state. The police there don't know the laws. I had an FFL refuse to ship an AR lower to NYS because he had called a NY state police officer who said it was illegal.

    Of course it wasn't and no amount of law quoting by me nor my FFL holder in NY could convince him other wise.

    As others said obey the speed limit and you should be fine. You are correct that the federal statute is preemptive. That doesn't mean that the police or DA's in NY understand that or care.

  15. #15
    Member Array sp2022's Avatar
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    This afternoon, I am driving with my little brother and my mom from where I live (VA) to Vermont.
    Where bouts in VT are you going?

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