Driving Interstate With A Firearm

Status
Not open for further replies.
When I got my carry license, I did a lot of research about the kind of trouble one could get for carrying a gun.

Ii have to tell you that the local governments do a very [censored] poor job at educating people. There should be a pamphlet that provides information and also have much more detailed resources online. But since there is nothing like that, I went to the local police station and had a conversation with a policeman about this. He explained the limitations - Indiana is quite liberal as far as carrying a gun goes and the only places to not do that are Federal buildings, including universities, and private property where they explicitly post that no guns are allowed inside.

It seems that the state needs to hire an MBA to sort these kind of things out. To prosecute someone who breaks the law out of ignorance, which is not an excuse to break the law, would probably cost more than the consulting fee of an MBA to sort this out.
 
Originally Posted By: Camu Mahubah
http://www.nraila.org/Legislation/Read.aspx?ID=6087

Saw this over at Glock Talk. This is why I was concerned about driving with a gun. The laws are so confusing at times. This guy did everything by the book yet New Jersey decided to put him in prison for transporting two handguns that were locked up and unloaded.

Seven years for that! C'mon New Jersey!


Sheesh. I thought the NRA had deep pockets to afford good lawyers in cases like this.
 
If I were on a jury and asked/requested for information regarding the crime or potential crime have been committed and it was denied, I'd vote not guilty.

Why would the jury convict someone when they weren't sure of the law?
 
Originally Posted By: bigmike

Why would the jury convict someone when they weren't sure of the law?


Because ignorance of the law doesn't excuse the crime.
 
Originally Posted By: Pop_Rivit
Originally Posted By: bigmike

Why would the jury convict someone when they weren't sure of the law?


Because ignorance of the law doesn't excuse the crime.


Seriously... the guy did everything he could to be legal. You could prolly break a law by waking up in the morning and walking out to get the paper and not know it. Should you be prosecuted to the fullest?
33.gif
 
I guess in some municipalities (countries too?), just having the firearm means you are 1) guilty of something and 2) will be prosecuted as such.

That's pretty sad. These weapons were his property and he was treating them as just property, not as a weapon per se. Should he have had them mailed to his future residence?
 
Fact was he wasn't breaking any law at all. NJ has a provision for transporting firearms, especially when moving, and he was following that to the letter. Problem is NJ is one of the most hoplophobic places there is. Prosecutors in general could care less about the law, their job is to get convictions, hopefully without getting censured and that is it. I hope that his conviction is overturned on appeal.
 
One thing I love about WV is they allow me to carry my 1911 in condition 1 in my vehicle unconcealed or concealed with CHL.
 
Originally Posted By: Solo2driver
Originally Posted By: chubbs1
Yes! If you are the registered owner of the firearm, you can keep it locked in the trunk UNLOADED. Ammo is OK if you have it separated from the firearm itself ie. not in Magazines. Safe way to take a trip, it really helps if someone tries to carjack you and you have the gun in your trunk unloaded but oh well??

It never hurts to check laws of States you are going to be driving through though.


What he said. All of it.


What about of you have the gun unloaded, and loaded magazines which are separately packed from the gun?
 
Originally Posted By: Panzerman
I could never figure out why constitutional law doesnt supercede state laws. I am planning a trip this Nov. I will travelling thru multiple states, Virginia one of them, I will be carrying a firearm. loaded and quite easily accessable, I guess it all lies where your priorities are.


Stay away from New Jersey. One guy got a 7 year sentence for carrying guns in his trunk, all legally owned.
 
Finally some common sense prevails. I find it sad that it took the executive office to override the judicial in order for it to happen.

Got this in my email today:

Fairfax, Va. –The National Rifle Association praised New Jersey Governor Chris Christie for commuting the prison sentence of Brian Aitken—a gun owner who was arrested, convicted and imprisoned for illegal possession of firearms, even though he had made every effort to comply with New Jersey’s restrictive and confusing laws. The NRA Civil Rights Defense Fund supported Mr. Aitken’s case.

“On behalf of the 4 million members of the National Rifle Association of America, I would like to thank Governor Christie for freeing Brian Aitken in time to spend the holiday with his family,” said Chris W. Cox, executive director of the NRA Institute for Legislative Action.

Mr. Aitken was convicted last year of illegal possession of firearms, following a trial in which the judge refused to let the jury hear about exceptions in the law that allow possession of firearms without a license, while moving to a new residence. Mr. Aitken was sentenced to a seven-year prison term even though he had lawfully purchased and owned the firearms.

“While Governor Christie’s grant of clemency was absolutely the right thing to do, Brian Aitken’s case is just one example of how New Jersey's ridiculous gun laws turn law-abiding gun owners into criminals,” added Cox. “There is a serious need to reform New Jersey’s gun laws so that the full weight of the state’s law enforcement and legal system falls squarely on the shoulders of criminals, not on people like Brian Aitken.”
 
You're safe as long as you don't detour through NJ, NY, DC, CA, ......

I was also under the impression that the governor of NJ finally gave that poor guy in NJ some clemency for his stooopidity.

Looks like your good to go from Nebraska to Tennessee.

Use a pay phone, or your neighbors phone, and call the State Police in each state you travel in.

Its legal if you don't get caught ;-)

And, if you don't have a CCW, its always good to get one whether you care to use it or not. CCW has reciprocity in many states.

For example, my non-resident Florida:
http://licgweb.doacs.state.fl.us/news/concealed_carry.html
 
Yes, trust that the unloaded in the trunk with the ammo seperate is legal nationwide.
Here is the biggest peice of advice I can possibly give on this topic. DO NOT DO ANYTHING at all to get pulled over/stopped in the first place! Do the speed limit, use your blinkers, come to full stops at stop signs, be polite and courteous with the locals, ect...
If you don't make contact with law enforcement in the first place, then there will be no problems. Out of sight, out of mind. If you do get pulled over, be very calm, don't do anything to make the cop nervous and just take the ticket if he gives you one. Don't give him any reason at all to ask you if there are any weapons in the vehicle or even wore, search the vehicle. NEVER tell the cop you have a weapon unless he specifically asks you. If he asks you questions about why you think he pulled you over, just admit you were driving a little fast, didn't see the stop sign till you were past it, whatever. Keep it simple, keep it honest and hopefully he will just give the ticket and let you drive off.
I have done lots of research on this topic, gotten several opionions from local and state police and even asked 2 seperate lawyers about the topic, I recommend you do the same.
 
Just do it! No one will know you have it unless you are forced to use it and in that case regardless of the state you will get off. Albeit with a hefty fee to a very good lawyer.

I carry when I think I need to and I have never cared what ANY communist territory thought about it. I have the second amendment to cover my butt.

I will add that I don't travel constantly anymore but I did for 12 years to ALL of the lower 48 states including NY, NJ etc and I ALWAYS packed heat.
 
Originally Posted By: AMC
Yes, trust that the unloaded in the trunk with the ammo seperate is legal nationwide.
Here is the biggest peice of advice I can possibly give on this topic. DO NOT DO ANYTHING at all to get pulled over/stopped in the first place! Do the speed limit, use your blinkers, come to full stops at stop signs, be polite and courteous with the locals, ect...
If you don't make contact with law enforcement in the first place, then there will be no problems. Out of sight, out of mind. If you do get pulled over, be very calm, don't do anything to make the cop nervous and just take the ticket if he gives you one. Don't give him any reason at all to ask you if there are any weapons in the vehicle or even wore, search the vehicle. NEVER tell the cop you have a weapon unless he specifically asks you. If he asks you questions about why you think he pulled you over, just admit you were driving a little fast, didn't see the stop sign till you were past it, whatever. Keep it simple, keep it honest and hopefully he will just give the ticket and let you drive off.
I have done lots of research on this topic, gotten several opionions from local and state police and even asked 2 seperate lawyers about the topic, I recommend you do the same.


If you're in an anti-gun state and they ask if you have a gun. Lie and say no. If they ask to search your car say no. If they push it tell them to get a warrant. A traffic violation is NOT probable cause to search. In most states anyway.
 
Law Enforcement can and will mess with you even if you are completely within the law.

They are just seeing if you are legit. Maybe they can get some statement of intent to commit a crime or of a crime you may have committed.

Case in point: Hassled by Oklahoma Trooper at convenience store.
I guess he was just walking around looking inside various cars because you couldn't see the gun-case in the hatch of my Suzuki unless you were looking in there with a flashlight.

what's in the gun case son?
"My marker sir. I'm headed to the big scenario game."
you got some big magic marker in there?
"No sir. It's a paintball marker. '98 Autococker". I'm meeting my friends up in Oklahoma City...."

This kind of discussion went on for awhile. Trooper Billy Joe Jimbeau Ray acting stupid and trying to intimidate me into making some sort of revealing statement or admission of guilt and me trying not to say the word "gun" which I am sure would have made him pull his.

But I was respectful and truthful so he eventually let me go on my way.
 
3 times I've been pulled over and each time the officer asked if I had any weapons. I always replied truthfully and if he asked where, I'd let him know. Never been a problem. If he didn't ask, that's his problem, not mine!

Once an officer asked if he could search my vehicle and I said no. This resulted in a dog being brought out and drug sniff my vehicle. It's a hassle and they make you aware of it by intimidation, scare tactics, telling you it's going to be a long wait, etc. It was 2AM and I said I didn't have to get up early - go ahead and get a dog and get your supervisor as well so I can let him hear my complaint while we both wait. About 30 minutes later, everything was 'cool' and I was on my way.

I know enough officers now that I can understand their points of view, to an extent. We have several that attend our church. They're really nice fellows, but can be wound tight sometimes. I figure stress, low pay, high risk, etc. must take its toll.
 
Status
Not open for further replies.

Similar threads

B
New HK MP5 .22 LR Range Toy
Replies
6
Views
440
Paco Pena
N
Recommendations for moderate sized gun safe and bedside pistol safes, ammo storage
Replies
4
Views
998
BHopkins
N
My firearms should be greased or not question…..for the experts….
2
Replies
21
Views
2K
samven
billt460
New Contender Barrel
Replies
3
Views
949
billt460
billt460
Powder Prices & Availability
2
Replies
38
Views
2K
thastinger
Back
Top