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by parabelum
Tue Apr 18, 2017 4:16 pm
Forum: General Texas CHL Discussion
Topic: Question about Carrying Out of State
Replies: 17
Views: 5751

Re: Question about Carrying Out of State

2farnorth wrote:Summary of FOPA for travelers: From wikipedia:
One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas), provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, the firearms are located in a locked container.[11]
NY, Ma, NJ, and Ct are your problem areas. As parabelum said when you stop for the night in NY they contend that you have reached a destination where you are not permitted to have a hand gun. In their opinion you are no longer covered by FOPA. If discovered you will go to jail. Lord help you if you need to use the gun. Now supposedly if you pass through NY without stopping overnight you are covered. Having plates from a gun friendly state may make you a target for a stop.
When I travel up that way I take the most direct route from Binghamton, NY to Bennington , Vt. I gas up and eat in Pa and don't stop till I hit Vt.

:iagree:

That's precisely what my wife and I do when we travel to Montpelier.
by parabelum
Tue Apr 18, 2017 3:20 pm
Forum: General Texas CHL Discussion
Topic: Question about Carrying Out of State
Replies: 17
Views: 5751

Re: Question about Carrying Out of State

Marty,

If you plan on staying in NY even overnight, much less a week, I wouldn't bring a gun through the NY State. Not sure that you'd be covered under FOPA for up to a week. :shock:

"The best way to travel through NY or any state that has restriction is to carry a copy of Title 18-Part 1- Chapter 44 926A of the federal code with you. Some law enforcement may not know the law. DO keep the firearm in a locked box. Keep ammo in another locked box. No ammo in Magazines or speed loaders in the trunk or if no trunk as far back in the vehicle as possible in a locked box. By NY Law if you are traveling across the state and can legally possess the firearm where you started and where you are going you can transport it as above. But if you stop in NY and spend the night in a motel/hotel/camp ground etc you are in violation of NY law and can be arrested if found with a firearm. Stopping for gas and food would most likely be OK but this is not a given in NY."

http://www.handgunlaw.us/states/newyork.pdf

Be aware of mag capacity restrictions in some States, even if you're just passing through...

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