FOPA clarification

Discussion of other state's CHL's & reciprocity

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jamullinstx
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FOPA clarification

Post by jamullinstx »

I am preparing for a trip from TX to KY, where I will spend about a week, then on to OH for another week visiting family. I'm taking 3 pistols and one long gun with me, along with several hundred rounds of ammunition. I have a TX CHL, so one of the pistols will usually be on me, but the others and ammunition will be in the back of my SUV in locked cases. According to my reading of the text of the FOPA (shown below), it appears that either of the ammunition or the handguns must be locked in cases, but not both. Is that correct? I plan to lock all of it, but just want to be certain of my understanding of the law.

§ 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.
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KFP
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Re: FOPA clarification

Post by KFP »

I'd say you're on the right track to lock it all up, especially if someone looking for a car filled with goodies could determine what may be in the cases. I think that you'd probably be given a lot of leeway in most cases if you happen to be stopped, but that always depends on each individual cop and where you are.

Your Texas CHL should have you well covered along your route, other than Ohio. I'd recommend a Utah license to solve that issue, if you haven't already.

Have a great trip!
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jamullinstx
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Re: FOPA clarification

Post by jamullinstx »

Yeah, I filed for my Utah permit back in March. Unfortunately, I had an incident of suspected credit card fraud due to a retailer having their database breached. Citibank automatically reissued cards based on card number forensics, and it happened just as BCI was trying to charge my card to begin processing. They asked for a phone number on the application, but evidently had no intention of actually using it, as they simply took the time to package everything up and mail it back to me via USPS. I essentially had to start over in April. The delay in the BCI offices has resulted in me not having my Utah permit in time for the trip.
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preacher
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Re: FOPA clarification

Post by preacher »

I've read several comments on the forum about the wisdom of having a Utah CHL. Can someone tell me what is the advantage of having the Utah CHL?
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apostate
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Re: FOPA clarification

Post by apostate »

preacher wrote:I've read several comments on the forum about the wisdom of having a Utah CHL. Can someone tell me what is the advantage of having the Utah CHL?

As a supplement to the Texas CHL, the Utah permit provides the ability to carry a concealed handgun in Ohio, Nevada and Washington State. It also provides the ability to carry in Texas if your CHL is lost, stolen or renewal is delayed. As an alternative to the Texas CHL, it is available to otherwise law abiding people who owe money to the State of Texas. ;-)

To touch on the original question, Texas has CHL reciprocity with LA/AR/MO/MS/AL/TN/KY so you should be fine having a loaded concealed handgun in those States. IANAL but I doubt any of those states have a problem with a long gun either, but in locked cases in the cargo area is even safer.

FOPA gives you some protection if you're traveling in a city or state where you can't legally possess firearms, as long as you're just passing through and your origin and destination allow you to possess firearms. If you avoid IL and WV (and other non-reciprocal States) the protection of FOPA seems superfluous, but it can't hurt in a belt-and-suspenders way.
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