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Author Topic: From OR to NH, any other states like MA that make transit w/firearms a felony?  (Read 16840 times)

FormulaXFD

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In reading up on gun laws from the front page, I learned that if my weapons were in the u-haul and I went through MA to get to NH, I could get busted seriously with multiple felony counts for breeching some stupid law of theirs by just transporting lawfully owned firearms across the border (even in their cases, locked). Learning of this, in spite of the FOPA, are there any other states which are similarly Tyrannical that I have to avoid on the way over from Oregon?
« Last Edit: August 31, 2012, 03:59:23 pm by FormulaXFD »
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Bazil

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New Jersey, I believe, maybe NY as well,  but you can't get to NH by land (staying within the US) without passing through NY.
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FormulaXFD

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Go by way of NY/Vermont instead of Mass.

That's the current gameplan, but only helps me so far as NY-Vermont. If, say, Illinois does the same thing, I'd be in a pickle.
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Auspicious Aspect

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In reading up on gun laws from the front page, I learned that if my weapons were in the u-haul and I went through MA to get to NH, I could get busted seriously with multiple felony counts for breeching some stupid law of theirs by just transporting lawfully owned firearms across the border (even in their cases, locked). Learning of this, in spite of the FOPA, are there any other states which are similarly Tyrannical that I have to avoid on the way over from Oregon?

Not true at all. Carry a printout of FOPA with you to be safe, but I wouldn't worry about it. People routinely travel with guns through both MA and NY under FOPA, and it's not a concern. Even strongly anti-gun IL honors FOPA.
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slothman

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I know someone who would want to travel through NY to get to MA.
He knows that NY does prohibit travel with guns between MA and PA/OH.
I don't know about VT but obviously with MA and NY you either have to go the ocean to ME or inside Canada.
I don't know about the laws in Canada but with all those 'A's it can't be good.
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Auspicious Aspect

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I know someone who would want to travel through NY to get to MA.
He knows that NY does prohibit travel with guns between MA and PA/OH.
I don't know about VT but obviously with MA and NY you either have to go the ocean to ME or inside Canada.
I don't know about the laws in Canada but with all those 'A's it can't be good.

Your friend is misinformed about NY. But you really don't want to try taking guns into Canada.
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10stateswithnh

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I've only heard of two exceptions to a person needing a carry license to transport a lawfully owned gun through the state of NY, which they don't give to nonresidents. One of the exceptions was if you're going to a registered gun event in NY (i.e. the event organizers had to tell the state government they were holding the event), someone on a forum or online somewhere told me about another exception but I don't recall now what it was. The fact that you are moving to another state and just passing through, as far as I know, is not an exception to their carry license requirement.  By the way, what is FOPA?

Illinois doesn't prevent transporting a gun (unloaded, but it has no provision for concealed carry legally, the only state to still be this strict in 2011; see below), but the city of Chicago does require a permit to own a handgun and have it only in your house, a new law since the SC struck down their handgun ban a couple of years ago. Not sure of anywhere else besides the ones previously named in this thread (MA and NJ). In many states the gun needs to be either locked up or somewhere you can't reach it while operating the vehicle, in Colorado it's legal to have it in a box in the back seat, or even loose in the trunk, for instance. In all cases, I should think unloaded would be the rule (unless you have a CCP which their state recognizes reciprocally - I don't have any idea which states are reciprocal with which, and I'm sure some states don't recognize CCP and thus would not have any reciprocity; more info below).

If it's in a Uhaul truck or trailer, I have to say, I've never heard of police stopping someone driving a Uhaul to search for guns. Does this actually happen?

If Illinois was a problem, you could always take a more southern route and go through Kentucky, or up around Wisconsin into Michigan. I don't think that will be necessary, though. New York is actually more of an issue, in terms of how many geographical options you have when driving to NH, even though Illinois is a bit larger.

By the way, a graphic on wikipedia, courtesy of the website www.gun-nuttery.com, shows the change in concealed carry laws from 1986 to 2011. In that time period, the US went from having,

in 1986 (my paraphrases are my own):

1 unrestricted carry state (VT) (this does not mean there are no places you cannot carry concealed, just that the state does not require a permit in order to carry in normal unrestricted places),

8 shall-issue states, meaning law enforcement must issue a permit to each applicant unless the person is in a category of persons who are legally barred from owning a gun by federal law. These 8 states include 3 New England states: NH, ME and CT,
 
25 may-issue states, meaning law enforcement decides who to give permits to beyond the restrictions of gun ownership under federal law, and

16- no issue states (concealed carry is not allowed except, I assume, by on-duty law enforcement personnel),

gradually changing to where
 
in 2011, the numbers are:
4 unrestricted or constitutional carry states (VT, AK, AZ, and WY),
a staggering 37 shall-issue states, still including NH, ME and CT, and adding PA,
8 may-issue (all other northeastern states make up 6 of these, plus CA and HI), and
only 1 no-issue state, Illinois.

It is great fun to see the colors change to the more liberty-friendly colors over time, with the more controlling yellows and reds vanishing to become blue and green. http://en.wikipedia.org/wiki/Concealed_carry_in_the_United_States

Also, the chart below the map slideshow reveals some nuance to this categorization. For instance, 4 states' carry law status is disputed, AL, CT, MD, and NY, with some others that have different category in practice than what the statutes say. Also, the WY unrestricted, i.e. constitutional carry is only for state residents, and MT also has unrestricted carry outside of city limits, though it is listed as a shall-issue state. This kind of diversity of law is very desirable under a federal system since it gives citizens the freedom to choose between competing laws. This change in legal status coincides with a greater movement to have states issuing their own differing laws rather than having the federal government issuing a single standard, at least on some popular issues, and I find it exciting.

The article also states that Utah and Florida concealed carry permits have the widest reciprocity with other states, which is useful for people in VT where you not only don't need a concealed carry permit, you can't even get one because the state doesn't issue them.

This doesn't really answer directly the question about transporting weapons but it is interesting to see the change toward greater gun rights over time, just in the last 25 years (since the presidency of the most rhetorically pro-freedom Republican president in recent history, Reagan - I don't say that he followed those positions very well but I do think his speeches helped get the rank and file of the Republican party back to the principles of the founding fathers to some extent. I especially admire his decision to appoint only judges with an originalist view of the Constitution to federal judgeships - he elevated William Rehnquist and appointed Antonin Scalia based on that principle).
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Bryce in Rochester
States I have lived in:
PA, DE, WA, ME, SC, NY, GA, UT, CO, NH as of Sep 2011!

10stateswithnh

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Never mind about the FOPA, I found it: The Firearms Owner Protection Act. It does say what people were saying about being able to travel through the state legally with your guns. http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act

Nevertheless, according to the article on NY state gun laws, in the section on nonresident travel through New York, "traveling through New York State while possessing any handgun, for any purpose, without a New York State pistol license, is legally risky. New York State law does include a few very limited exceptions for interstate transportation of firearms." http://en.wikipedia.org/wiki/Gun_laws_in_New_York

The article didn't state if the FOPA has ever been tested in court. It's possible you would claim this protection only to have the court rule against you.
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Bryce in Rochester
States I have lived in:
PA, DE, WA, ME, SC, NY, GA, UT, CO, NH as of Sep 2011!

10stateswithnh

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On this article, you can click on any state's name, which takes you down to a section for the state, then there is another link to another article which provides specifics of the state's gun laws. Very useful resource.

http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_%28by_state%29
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Bryce in Rochester
States I have lived in:
PA, DE, WA, ME, SC, NY, GA, UT, CO, NH as of Sep 2011!

10stateswithnh

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Also found this on the page about MA: "While Massachusetts' firearms laws are some of the strictest, they are not applicable to travelers who comply with the Firearm Owners Protection Act's traveler's exemption."
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Bryce in Rochester
States I have lived in:
PA, DE, WA, ME, SC, NY, GA, UT, CO, NH as of Sep 2011!

Auspicious Aspect

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On this article, you can click on any state's name, which takes you down to a section for the state, then there is another link to another article which provides specifics of the state's gun laws. Very useful resource.

http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_%28by_state%29

You want to take any gun articles on Wikipedia with a very large grain of salt. Some are spot on, some are ludicrously incorrect, and others fall between the two extremes.

The best (i.e. most accurate) site related to US state gun laws is http://handgunlaw.us.
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Sam Adams

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  Its already been thru Mass courts that if you legally own or have a carry govt permission you can pass thru Mass legally with guns. Guns should be in trunk or locked up away from passangers[drivers compartment] unloaded and ammo stored in different area from gun. Nobody can legally search your auto without warrent or your permission unless you have committed a felony, so I don,t know why this matters, so NO to a search and don,t answer any questions
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MaineShark

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Nobody can legally search your auto without warrent or your permission unless you have committed a felony, so I don,t know why this matters, so NO to a search and don,t answer any questions

The cops will just lie and claim they smelled pot coming from the car.  That's now standard operating procedure.
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"An armed society is a polite society" - this does not mean that we are polite because we fear each other.

We are not civilized because we are armed; we are armed because we are civilized..

FormulaXFD

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Nobody can legally search your auto without warrent or your permission unless you have committed a felony, so I don,t know why this matters, so NO to a search and don,t answer any questions

The cops will just lie and claim they smelled pot coming from the car.  That's now standard operating procedure.

Ding.

Anyway, I'll be getting my Utah CHL which has reciprocity with states from OR right up to IL, at which point IL forward to "home" will have everything locked up and stowed in the back of the truck. I'm not sure I can do anything to put the ammo cans "away" from the locked-box rifles and such though....

Also, if it isn't obvious, I'm highly un-trusting to anyone with power hence doing my homework now.
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MaineShark

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I'm not sure I can do anything to put the ammo cans "away" from the locked-box rifles and such though....

"Away" typically means, "in a separately-locked container."  In other words, don't lock the guns and ammo in the same box.

If the ammo cans have hasps, padlock them (or run a cable lock through all of the hasps).

Or ship them to your destination.  The rules for shipping ammo are not as complex as the rules for shipping firearms, so lots of folks will just box it up and hand it to UPS...
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"An armed society is a polite society" - this does not mean that we are polite because we fear each other.

We are not civilized because we are armed; we are armed because we are civilized..
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