Carry a Gun While Traveling: Federal Safe Passage and Transport Across State Lines

Good video good info. Thanks

Edit: Let me just do it this way.

You can find the relevant documents below:

https://www.deltadefense.com/public/self-defense-liability-policy.pdf

And here
https://www.usccamemberterms.com/

USCCA members, call the number on the back of your card for any and all questions on the above.

3 Likes

Couple issues here.

First ā€” As I understand it, USCCA is prohibited from selling membership to residents of Washington (and a few other states). As resident of a different state, that would have no effect on your member benefits while doing legal things in WA, etc.

Second ā€” 18 USC Ā§ 926A speaks only to your transit through a state where your possession is disallowed, while traveling from an ā€œallowedā€ state to another ā€œallowedā€ state. Has nothing to do with CCL or use. If you are allowed to possess your SBR or 15-round magazine in Indiana, and you are allowed to possess them in Washington, you should be allowed to pass through California with them as long as everything remains unloaded and inaccessible to you during the passage. During this transit, you probably cannot stop overnight in California ā€” and maybe canā€™t even stop to pee or refuel.

Federal Safe Passage is about how to transport a restricted firearm from one side of a restricted state to the other side ā€” not about carry or use during the transit; not about what you can or canā€™t do at the origin or destination.

The availability of USCCA legal aid benefits probably depends upon just what you contemplate you are going to be arrested and put in jail for doingā€¦

3 Likes

In Illinois you can legally have a gun in the car as long as you have a valid carry license from some state. Unless you have a FOID card you cannot legally transport it from your car to anywhere. You have to let an Illinois resident with a FOID card move it from your car to a residence (or place) where the controlling person has the card.
This is what I have come up with in my research as I have relatives in Illinois and when I visit I either leave the gun in the locked car or have one of them - with a FOID card - secure it for me.
Would I get caught carrying it into a relativeā€™s house - probably not BUT: They would be in trouble if caught AND I THINK it is a felony to have the gun without the FOID.

Can someone comment on the felony issue?

1 Like

I will try and look that up soon.

It is a class 3 felony.

Which statute is that? Transport (unloaded, in a case) not carry of course.

The USCCA reciprocity map, for example, says

" Per the IL State Police , assuming no local ordinance applies and the hotel isnā€™t posted, firearms can be possessed in hotels, provided the firearm is carried into the room unloaded and enclosed in a case. The individual hotel should be contacted to inquire about itā€™s concealed carry policy. See the Handguns at Hotels page for additional information."

"IF A NON-RESIDENT IS VISITING ILLINOIS,
HUNTING, OR TRAVELING WITH A FIREARM,
HOW DO THEY LEGALLY TRANSPORT IT?
Non-residents are not required to have an Illinois FOID
card but must be legally eligible to possess or acquire
firearms and ammunition as determined by their home
state. In order to comply with Illinois statutes while
transporting a firearm, it must be:

  1. Broken down in a non-functioning state; or
  2. Not immediately accessible; or
  3. Unloaded and enclosed in a case, firearm
    carrying box, shipping box, or other container.
  4. A non-resident who has a valid Concealed
    Carry License from their home state may carry
    a concealed firearm within a vehicle traveling
    through Illinois. If the non-resident leaves
    the vehicle unattended, the firearm must be
    stored concealed in a case inside the locked
    vehicle or locked container within the vehicle
    out of plain view. For the purpose of subsection
    430 ILCS 66/65(b), a ā€œcaseā€ includes a glove
    compartment or console that completely
    encloses the concealed firearm or ammunition,
    the trunk of the vehicle, or a firearm carrying
    box, shipping box, or other container."

It seems to me, granted I am most definitely not a lawyer, that if the firearm is unloaded and enclosed in a caseā€¦or broken down non functioningā€¦or not immediately accessibleā€¦a non-resident may transport it in that condition. Additionally, it may be loaded in the car with a valid carry license from the personā€™s home state.

3 Likes

Noticed some dissing on Coloradoā€¦it wasnā€™t always controlled by demorats. The state was literally stolen in 2010 by multi-millionaire out of state shysters by fraud and undercover (like roaches in the dark) exchanges of big moneys and leftist ā€œpromisesā€, maybe even a few ugly threats.
Those who have a clue how the leftist demorats operate know how secretive and roach like they are.
Sadly weā€™ve been over-run by leftist Californians escaping the ā€œgolden stateā€ that *THEY destroyed in the first place and bringing their far left garbage with them.
But I digress. Re: traveling through Colorado with firearms: the Colorado Bureau of Investigation web site has every stinking law (completely ignored by punks, thugs, democrats ā€¦but I repeat myself, and BLM) covering virtually every aspect of traveling in the state.
The first concept before all else, is obey the traffic lawsā€¦IE: donā€™t drive like a demorat.
Donā€™t stand out, drive friendly. I realize thatā€™s a concept too many new comers canā€™t graspā€¦but you get the point.
P.S. Colorado has been home for about 52 years and those who actually know what it really is call it homeā€¦and also will defend it. It is still about the most beautiful state in the union.

3 Likes

so basically its not worth it for me to carry my firearm from Assachusetts to NC because of NY, PA, NJ ? id prob stop in VA but that is an allowed state.

2 Likes

Nationwide reciprocity seems like a pipe dream.
Divide & conquer still rules the day.
You have to run a friggin gauntlet.

2 Likes

PA is (still) a relatively gun friendly state. (Albeit, with a permit.) You should be able to travel through with weapon in trunk lock box and ammo secured elsewhere.

This is the specific exception (For not having a PA carry permit) that would cover you for travel purposes under title 18 of the PA Consolidated Statutes Ā§ 6106 (b):
(11) Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.

1 Like

Traveling through NY or NJ with a firearm, especially a handgun, does risk being arrested and charged with a felony.

To me, thatā€™s not worth it

2 Likes

Carrying a firearm? Or travelling through NJ? :wink:

Taking a firearm through NJ or NY, not worth it.

For me, going at all is not worth it. But I donā€™t live where NY completely blockades my land route to the rest of the country either. For someone who canā€™t get out of their little area without going through NY, if itā€™s either go through and not bring a gun, or fly, then itā€™s a tougher decision that might cost more money to take a plane and rent a car, or explain to whomever it may concern why you arenā€™t going at all.

1 Like

That would be a very interesting argument in a court case.
ā€œNew York State cuts off my access to the rest of the Republic. Thereforeā€¦ā€

They ARE, essentially, infringing on your right to self defense.

This is a link to Congress.gov that talks about 2A judicial decisions subsequent to the ratification of the second amendment. (Specifically in this case, the 2022 case New York State Rifle & Pistol Association v. Bruen)
As is usual in anything regarding law, it is fairly lengthy and often difficult to follow, but I think a case could be made that not allowing transgress with a weapon through a state is illegal, based on the methodology the supreme court has adopted when hearing 2A cases. (It starts at the end of the 2nd paragraph.)

SCOTUS concluded that the standard for applying the Second Amendment is rooted solely in text and history, stating the test as follows:

When the Second Amendmentā€™s plain text covers an individualā€™s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nationā€™s historical tradition of firearm regulation. Only then may a court conclude that the individualā€™s conduct falls outside the Second Amendmentā€™s unqualified command.<

https://constitution.congress.gov/browse/essay/amdt2-6/ALDE_00013266/

1 Like