Peaceable journey law apply to intrastate travel?

Peaceable journey law apply to intrastate travel?

This is a discussion on Peaceable journey law apply to intrastate travel? within the General Firearm Discussion forums, part of the Related Topics category; I have a post ban AR with some 10 round mags. Legal here in NYS even with our assault weapons ban. I drive from my ...

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Thread: Peaceable journey law apply to intrastate travel?

  1. #1
    Senior Member Array darkvibe's Avatar
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    Peaceable journey law apply to intrastate travel?

    I have a post ban AR with some 10 round mags. Legal here in NYS even with our assault weapons ban. I drive from my town, through Rochester NY and into another town where my shooting range is.

    The city of Rochester has a law against any rifle that holds more than 6 rounds in the magazine and chamber combined so my rifle/mags are illegal there. They are completely legal where I live and where my range is.

    Does the peaceable journey law apply to me? It says "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..."

    So it says "any place" and not "any state" but the title of the section is "interstate transportation of firearms."

    I don't know what "any political subdivision thereof" means.

    this is the section
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

    PART I - CRIMES

    CHAPTER 44 - FIREARMS

    -HEAD-

    Sec. 926A. Interstate transportation of firearms

    -STATUTE-

    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.


  2. #2
    Senior Member Array Rustynuts's Avatar
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    I would think you are fine. The any political subdivision should cover any state, county, town, city, borough, etc., you travel through.

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    VIP Member Array dukalmighty's Avatar
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    I think as long as you are passing thru and not stopping or staying anywhere,or doing "drive by's" your journey is peaceable
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    Consult local authorities and or local attny

    Quote Originally Posted by darkvibe View Post
    I have a post ban AR with some 10 round mags. Legal here in NYS even with our assault weapons ban. I drive from my town, through Rochester NY and into another town where my shooting range is.

    The city of Rochester has a law against any rifle that holds more than 6 rounds in the magazine and chamber combined so my rifle/mags are illegal there. They are completely legal where I live and where my range is.
    I think the law you are referencing is for interstate and not intrastate purposes. It may not at all apply to the situation you are in.

    Consult local authorities or a local attorney.

    Don't rely on what strangers tell you over the net. We won't be around to post the bail.

    Actually, send a letter to the police chief in Rochester with CC to the DA and see if they will tell you their interpretation. That is the only opinion that counts until a judge gets involved.

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    VIP Member Array dukalmighty's Avatar
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    Quote Originally Posted by Hopyard View Post
    I think the law you are referencing is for interstate and not intrastate purposes. It may not at all apply to the situation you are in.

    Consult local authorities or a local attorney.

    Don't rely on what strangers tell you over the net. We won't be around to post the bail.

    Actually, send a letter to the police chief in Rochester with CC to the DA and see if they will tell you their interpretation. That is the only opinion that counts until a judge gets involved.
    That's the problem with all these towns with mag restrictions etc.I live in a state that has pretty much 0 restrictions,My AR's have 30 round mags I don't even own a 10 rounder,they do make a 5/10 round AR magazine you can put in a different follower to change the capacity.What sux is the fact where I can be perfectly legal where I live but in another state get arrested and thrown in jail for breaking their law as far as mag capacity etc.If you can legally own the firearm you should be able to legally own factory mags that come with the weapon
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  6. #6
    Ex Member Array Ram Rod's Avatar
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    Peaceable journey laws---(what I think this pertains to) concern loaded weapons within reach in a vehicle. My state has the 'journey rule' even though I think it may be going 'out of style' since we've had concealed carry laws for over a decade now here in Arkansas. A firearm-even if loaded is not necessarily a weapon with an absence of intent to employ it as a weapon (offensively or to commit a crime). Firearm and ammo separate, and not in the passenger compartment or within reach would be a non-issue and if you are not crossing state lines, then even carrying on your person (since it's legal for you to do so) should be fine since you are being "lawful" and your place of legal residence I believe follows you or is with you for legality sake. My state's 'journey rule' states in general the "journey" is over 21 miles or outside one's normal day-to-day activities or circle of community, etc....... I did not know other states had a 'journey rule' and now I'm wondering just how many have something like that on the books.

    Arkansas
    Subject/Law Long guns Handguns Relevant Statutes Notes
    State Permit to Purchase? No No None No
    Firearm registration? No No None No
    "Assault weapon" law? No No None No
    Owner license required? No No None No
    Carry permits issued? No Yes None Concealed carry requires a permit. Open carry is not permitted.
    State Preemption of local restrictions? Yes Yes None No
    NFA weapons restricted? No No None No
    Peaceable Journey laws? ? Yes None A person has a defense to the crime of carrying a weapon when he/she is on a journey, a distance defined as no less than 21 miles.

    The technicalities of this code are vague and hard to pinpoint or define specifically.

  7. #7
    VIP Member Array Supertac45's Avatar
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    Probably not; but, I'd talk to a attorney to be sure.
    Les Baer 45
    Sig Man
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  8. #8
    Senior Member Array darkvibe's Avatar
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    Yeah, my guess is that it's not covered because it isn't interstate travel. I was just curious if there were any cases or events that anyone knew about regarding it. It's not a big deal since I can just take a different route to get to the range and avoid the city. We were talking about it on a small NY gun forum and I thought I'd ask here where there are a lot more people.

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