Traveling to the North East

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Lynyrd
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Traveling to the North East

#1

Post by Lynyrd » Mon Aug 24, 2020 11:17 am

There was another post about traveling to New England that appeared here about 12 years ago. I have read that one. But I would like to get an update from the people here on this forum that keep up with state laws from north east. I am planning a trip that will take the wife and I through Tennessee, Virginia, Maryland, Delaware, New Jersey, Pennsylvania, New York, Connecticut, North Carolina, South Carolina. I know that once I get north of Virginia, my Texas LTC is no good. Is there any way that I can legally transport a handgun somewhere in my vehicle while passing through these communist states in the north east? I will not be in an RV or motor home.
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srothstein
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Re: Traveling to the North East

#2

Post by srothstein » Mon Aug 24, 2020 11:32 am

Federal law says that if the weapon is legal at the beginning and end destination of the trip, it can be legally transported unloaded in a locked container in the trunk. There have been some cases where New York and New Jersey have claimed the law did not apply. I think most of those involve flight, and the one I know of that went to an appeals court was involving a person stopping over between flights.

I think you would be safe with it locked and unloaded in the trunk, especially if you don't give anyone an excuse to search it.
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Re: Traveling to the North East

#3

Post by LDP » Mon Aug 24, 2020 11:48 am

https://handgunlaw.us

Look up each state you are planning on traveling through and check their requirements for transporting a firearm.

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Lynyrd
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Re: Traveling to the North East

#4

Post by Lynyrd » Mon Aug 24, 2020 12:19 pm

LDP wrote:
Mon Aug 24, 2020 11:48 am
https://handgunlaw.us

Look up each state you are planning on traveling through and check their requirements for transporting a firearm.
Yeah, the big hang up is that in order to legally travel through NY you have to able to legally possess your gun at your destination. I guess my destination is going to have to be Vermont. Oh well, never been there before. Might is well redraw the trip plan.
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Lynyrd
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Re: Traveling to the North East

#5

Post by Lynyrd » Mon Aug 24, 2020 12:30 pm

Here is what New Jersey law says.
This federal law permitting interstate transportation of a firearm applies only if all of the following requirements are met:
The person's possession of the firearm was lawful in the state in which the journey began;
The person's possession of the firearm will be lawful in the state in which the journey will end;

The person is transporting the firearm for lawful purpose
The firearm is unloaded
The firearm is not directly accessible from the passenger compartment of the vehicle
The ammunition is not directly accessible from the passenger compartment of the vehicle
If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console;
The person is not
a convicted felon
a fugitive from justice an addict or unlawful user of drugs, or
an illegal alien
The person has not
been adjudicated to be a mental defective
been committed to a mental institution
been dishonorably discharged from the armed forces, or
renounced his United States Citizenship
New York is pretty much the same. And the applicable Federal Statute says this.
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.
That 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.
Do what you say you're gonna do.


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Re: Traveling to the North East

#6

Post by pushpullpete » Mon Aug 24, 2020 2:04 pm

I was born & lived in the northeast for many years before settling in Texas. But, I've not been back in about 17 months.
I've heard rumors for years that certain license plates from firearm friendly states, Tx is one, that will get pulled over
just because. I've not been pulled over (in a while) but, I HAVE been checked out. LEO u-turns, barrels up alongside then
falls back after seeing the senior citizens inside & runs the Texas plate. I've stopped for fuel or food & watched my car get
the once over before they step inside the establishment. Personally, I don't have a problem w them doing their job.
Our son is LE, it's just one of the things they're hired for.

When I do go, I travel w TWO lock boxes one for the firearm & one for ammo. They stay as far away from me as
possible starting at the Md state line, I drive an SUV so no 'trunk'. I keep them 'buried' under things but accessible if
needed in a hurry. Right or wrong, IF ASKED, I would acknowledge that I have a firearm in the vehicle. YMMV
As w most places, manners go a long way. They deal w many, many peepers in the fall so prices go up. That's leaf peepers
watching the fall color change, not the other kind. Some are quite rude.

With all that, it's a very beautiful area w loads of history if you're interested in that. Enjoy your trip, there is much to see. :cheers2:

I love most of what there is to see, quite a few of the people and almost none of the laws. YMMV... TEXAS :woohoo

:txflag: :patriot:

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RoyGBiv
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Re: Traveling to the North East

#7

Post by RoyGBiv » Mon Aug 24, 2020 2:23 pm

Lynyrd wrote:
Mon Aug 24, 2020 12:30 pm
That 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 am not a lawyer. This is NOT legal advice.!
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Lynyrd
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Re: Traveling to the North East

#8

Post by Lynyrd » Mon Aug 24, 2020 2:35 pm

pushpullpete wrote:
Mon Aug 24, 2020 2:04 pm
I was born & lived in the northeast for many years before settling in Texas. But, I've not been back in about 17 months.
I've heard rumors for years that certain license plates from firearm friendly states, Tx is one, that will get pulled over
just because. I've not been pulled over (in a while) but, I HAVE been checked out. LEO u-turns, barrels up alongside then
falls back after seeing the senior citizens inside & runs the Texas plate. I've stopped for fuel or food & watched my car get
the once over before they step inside the establishment. Personally, I don't have a problem w them doing their job.
Our son is LE, it's just one of the things they're hired for.

When I do go, I travel w TWO lock boxes one for the firearm & one for ammo. They stay as far away from me as
possible starting at the Md state line, I drive an SUV so no 'trunk'. I keep them 'buried' under things but accessible if
needed in a hurry. Right or wrong, IF ASKED, I would acknowledge that I have a firearm in the vehicle. YMMV
As w most places, manners go a long way. They deal w many, many peepers in the fall so prices go up. That's leaf peepers
watching the fall color change, not the other kind. Some are quite rude.

With all that, it's a very beautiful area w loads of history if you're interested in that. Enjoy your trip, there is much to see. :cheers2:

I love most of what there is to see, quite a few of the people and almost none of the laws. YMMV... TEXAS :woohoo

:txflag: :patriot:
I have two reasons for going. Both involve members of my family who are in the military. And this won't happen till next year. Right now there is a 14 day quarantine if you are from Texas. I'm just in the planning stages.
Do what you say you're gonna do.

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Lynyrd
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Re: Traveling to the North East

#9

Post by Lynyrd » Mon Aug 24, 2020 2:41 pm

RoyGBiv wrote:
Mon Aug 24, 2020 2:23 pm
Lynyrd wrote:
Mon Aug 24, 2020 12:30 pm
That 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.
Do what you say you're gonna do.

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RoyGBiv
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Re: Traveling to the North East

#10

Post by RoyGBiv » Mon Aug 24, 2020 2:48 pm

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 pm
That 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
I am not a lawyer. This is NOT legal advice.!
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Nothing tempers idealism quite like the cold bath of reality.... SQLGeek


pushpullpete
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Re: Traveling to the North East

#11

Post by pushpullpete » Mon Aug 24, 2020 3:03 pm

Lynyrd wrote:
Mon Aug 24, 2020 2:35 pm

I have two reasons for going. Both involve members of my family who are in the military. And this won't happen till next year. Right now there is a 14 day quarantine if you are from Texas. I'm just in the planning stages.
Check.
From my family to yours :tiphat: Thank you for their service.
:txflag: :patriot:

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Re: Traveling to the North East

#12

Post by Lynyrd » Mon Aug 24, 2020 3:33 pm

RoyGBiv wrote:
Mon Aug 24, 2020 2:48 pm
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
You have given me an idea. I only intended to "pass through" NY and NJ, not even stop at a hotel. My two places of extended stay for a few days will both be near military bases in Virginia and Connecticut. Virginia is not a problem. It's getting from there to Connecticut. Delaware is not a problem, but I need to go through Maryland, NJ, and NY or drive the long way around through WV, PA, and then NY.

However, I just discovered that CT offers a non-resident pistol permit. The fee is about $135 and supposedly it can be obtained through the mail. Does anyone on this forum have any personal experience with obtaining a CT non-resident permit?
Do what you say you're gonna do.


striker55
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Re: Traveling to the North East

#13

Post by striker55 » Mon Aug 24, 2020 5:12 pm

I remember in the 80's I shot in competition, IHMSA, and people outside of region one couldn't travel through NY. Region one consisted of NY, MA, RI, VT and NH, can't remember but NJ might have been included.

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Re: Traveling to the North East

#14

Post by ScottDLS » Mon Aug 24, 2020 5:27 pm

Lynyrd wrote:
Mon Aug 24, 2020 3:33 pm
RoyGBiv wrote:
Mon Aug 24, 2020 2:48 pm
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
You have given me an idea. I only intended to "pass through" NY and NJ, not even stop at a hotel. My two places of extended stay for a few days will both be near military bases in Virginia and Connecticut. Virginia is not a problem. It's getting from there to Connecticut. Delaware is not a problem, but I need to go through Maryland, NJ, and NY or drive the long way around through WV, PA, and then NY.

However, I just discovered that CT offers a non-resident pistol permit. The fee is about $135 and supposedly it can be obtained through the mail. Does anyone on this forum have any personal experience with obtaining a CT non-resident permit?
Yes, I do. I am looking at my CT Pistol Permit right now, and noting that it expires in January... :shock: . I have one from DC too, but it expired a couple weeks ago because I couldn't get back in-person to renew it due to COVID. I have this strange hobby of collecting these out of state permits. But anyway back to CT. Though my parents are originally from there, I actually haven't been their in almost 14 years since my grandmother passed. From what I recall of the original process that I did about 10 years ago... Go to the CT state police website to their permit division. There you can email to request an application. They did require prints for the initial application. They also required proof of training which I think an NRA Pistol Course would cover, they also accepted a DD-214 Honorable Discharge certificate as proof which is what I sent them. I actually did qualify to carry a pistol (.45 auto) in the Navy, but of course that's nowhere on the DD-214...anyhow... Mail in the app, prints, proof of training, passport photo and wait. They do have some mag restrictions in CT, but not sure if on pistols. I'd check over at HANDGUNLAW.US or USACARRY.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


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Re: Traveling to the North East

#15

Post by grim-bob » Mon Aug 24, 2020 8:26 pm

Don't overlook ammo type issues either. IIRC hollowpoints were illegal in at least one of those states resulting in at least one lock-up that was in the news a few years back...
Josh

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"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."
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