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by RoyGBiv
Mon Aug 24, 2020 2:48 pm
Forum: General Texas CHL Discussion
Topic: Traveling to the North East
Replies: 25
Views: 16296

Re: Traveling to the North East

Lynyrd wrote: Mon Aug 24, 2020 2:41 pm
RoyGBiv wrote: Mon Aug 24, 2020 2:23 pm
Lynyrd wrote: Mon Aug 24, 2020 12:30 pmThat begs the question, If I am travelling from Texas and eventually get back to Texas, how long must I stay somewhere else in order for that to be considered to be the end of my journey? I'm not a lawyer, but I see that there could be various interpretations of what "to and from" mean.
I am not a lawyer. This is my OPINION.

The way I understand it, if you are planning to visit your Aunt Tilly in NY, that is considered a "stop" in NY where possession of that gun is not allowed, and not just "passing through". FOPA allows reasonable stops for fuel, food and (I believe) lodging, along the route from legal place to legal place of possession, but, any purpose other than getting from point A to point B would make FOPA moot to you.

I would not drive through NY or NJ with Texas plates if I could avoid it. Perhaps drop off your gun at a gunsmith in PA or VA for a thorough cleaning while you're traveling North and back?
I can avoid NJ, but not NY. I will have to cut across NY somewhere to get to where my son is stationed. As for a "stop" being more than a one night stay, that seems reasonable.
If your 1 night stay is at your son's house, that's a "visit". No FOPA protection.
If your 1 night stay is in a hotel along the way, I'd urge you to reconsider your schedule and avoid it.

Reading FOPA, I don't see anything about overnight stay protection.
https://www.nraila.org/articles/2014063 ... sportation
Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest.
https://www.law.cornell.edu/uscode/text/18/926A
https://en.wikipedia.org/wiki/Firearm_O ... ection_Act
by RoyGBiv
Mon Aug 24, 2020 2:23 pm
Forum: General Texas CHL Discussion
Topic: Traveling to the North East
Replies: 25
Views: 16296

Re: Traveling to the North East

Lynyrd wrote: Mon Aug 24, 2020 12:30 pmThat begs the question, If I am travelling from Texas and eventually get back to Texas, how long must I stay somewhere else in order for that to be considered to be the end of my journey? I'm not a lawyer, but I see that there could be various interpretations of what "to and from" mean.
I am not a lawyer. This is my OPINION.

The way I understand it, if you are planning to visit your Aunt Tilly in NY, that is considered a "stop" in NY where possession of that gun is not allowed, and not just "passing through". FOPA allows reasonable stops for fuel, food and (I believe) lodging, along the route from legal place to legal place of possession, but, any purpose other than getting from point A to point B would make FOPA moot to you.

I would not drive through NY or NJ with Texas plates if I could avoid it. Perhaps drop off your gun at a gunsmith in PA or VA for a thorough cleaning while you're traveling North and back?

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