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Posted: 8/20/2020 6:32:17 PM EDT
Is it a violation of 18 U.S. Code 926A for a licensed conceal carry holder to drive with a loaded lawfully concealed handgun through multiple states that have 100% CCW reciprocity between them?  (Assume compliance with all other associated firearms laws)

And if it is a violation, meaning the handgun must be unloaded and both handgun and ammo must be inaccessible to the CCW holder, when does concealed carry reciprocity  kick in so that the CCW holder can utilize his reciprocal right to lawfully conceal carry his handgun in the 100% reciprocal states he's driving through?  

18 USC 926A reads as follows:

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:

1) during such transportation the firearm is unloaded, and

2) neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle, and

3) 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.


It seems that reciprocity only applies once the person arrives to the target state he's traveling to...But that seems rather silly considering the person could stop and visit for a few days in each state on his traveling route.
Link Posted: 8/20/2020 6:40:07 PM EDT
[#1]
This law was really designed for gun transportation outside the realm of CCW.

For instance, transporting an NFA item through a non NFA friendly state. It is also an affirmative defense law if I u defat and correctly, so best to just keep your mouth shut and keep trucking.

When I would take my Title II toys through IL I would drive straight through. Law allows for food and gas but I tried to avoid stopping period. To be extra careful all my firearms were in padlocked hard sided cases with the keys themselves in a closed container not within arms reach of anyone in the vehicle.
Link Posted: 8/20/2020 6:41:24 PM EDT
[#2]
The code language is attempting to supersede state or other jurisdictions from prohibiting the transportation of firearms or ammunition.
Link Posted: 8/20/2020 8:24:24 PM EDT
[#3]
Since we don't know the relevant states in the OP, anything I could add would be a simple guess. That said, I'd guess NO.

Case in point: I live in Vermont. My guns are legal in Oklahoma. To get from A to B I have no option other than passing through New York. As the old saying goes, I might beat the rap (maybe). I would NOT beat the ride.
Link Posted: 8/21/2020 3:03:06 PM EDT
[#4]
Quoted:
Is it a violation of 18 U.S. Code 926A for a licensed conceal carry holder to drive with a loaded lawfully concealed handgun through multiple states that have 100% CCW reciprocity between them?  (Assume compliance with all other associated firearms laws)

And if it is a violation, meaning the handgun must be unloaded and both handgun and ammo must be inaccessible to the CCW holder, when does concealed carry reciprocity  kick in so that the CCW holder can utilize his reciprocal right to lawfully conceal carry his handgun in the 100% reciprocal states he's driving through?  

18 USC 926A reads as follows:


[SNIP]
View Quote


If you have a CCW in each state you are not relying on 18 USC 926A, FOPA.
Link Posted: 8/21/2020 6:38:27 PM EDT
[#5]
Thanks for that, Brickeyee.

926.A is a real PITA when it comes to concealed carry reciprocity when traveling and IMHO creates a distinct potential risk for CCW license holders legally traveling through reciprocal states because of the initial clause which states:

"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof..."
Link Posted: 8/24/2020 10:48:25 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If you have a CCW in each state you are not relying on 18 USC 926A, FOPA.
View Quote


This.
Link Posted: 8/25/2020 3:09:36 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Thanks for that, Brickeyee.

926.A is a real PITA when it comes to concealed carry reciprocity when traveling and IMHO creates a distinct potential risk for CCW license holders legally traveling through reciprocal states because of the initial clause which states:

"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof..."
View Quote



It does NOT APPLY.
It is not a matter of complying with FOPA, you are NOT USING FOPA.
It does not matter.
Link Posted: 8/27/2020 1:26:21 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



It does NOT APPLY.
It is not a matter of complying with FOPA, you are NOT USING FOPA.
It does not matter.
View Quote


Just to be clear, are you suggesting that 18 U.S. Code 926A does not have to be complied with, and is not enforceable against those who violate the statute by keeping a loaded weapon within their reach or on their person during interstate travel?

Do you see the problem here?  This is a very poorly written federal statute that creates a new federal crime while purporting to "protect" interstate travelers transporting firearms from state prosecution under state statutes for doing so.  

Under 926A, which by its language supersedes any inconsistent state law, there is absolutely no concealed carry license exception to its requirement that all firearms being transported during interstate travel remain unloaded and stored outside the passenger compartment of the vehicle or in a locked container .

18 U.S. Code 926A clearly mandates that all firearms being transported during interstate travel remain unloaded and outside of the passenger compartment or in a locked container.  There is no exception in the statute for those with concealed carry licenses, and therefore, any violation of 926A is a federal crime.

If you want the "protection" from inconsistent state statues under 926A during interstate travel, you must comply with 926A.  If you violate the clear restrictions of 926A, you could very well be subject to federal prosecution for doing so regardless of whether you possess a reciprocal state license to open or conceal carry a firearm.  

"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof..." not only supersedes state statutes that may put interstate travelers at risk for transporting firearms, it also supersedes reciprocal state conceal carry license statutes.
Link Posted: 8/27/2020 1:35:10 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Just to be clear, are you suggesting that 18 U.S. Code 926A does not have to be complied with, and is not enforceable against those who violate the statute by keeping a loaded weapon within their reach or on their person during interstate travel?

Do you see the problem here?  This is a very poorly written federal statute that creates a new federal crime while purporting to "protect" interstate travelers transporting firearms from state prosecution under state statutes for doing so.  

Under 926A, which by its language supersedes any inconsistent state law, there is absolutely no concealed carry license exception to its requirement that all firearms being transported during interstate travel remain unloaded and stored outside the passenger compartment of the vehicle or in a locked container .

18 U.S. Code 926A clearly mandates that all firearms being transported during interstate travel remain unloaded and outside of the passenger compartment or in a locked container.  There is no exception in the statute for those with concealed carry licenses, and therefore, any violation of 926A is a federal crime.

If you want the "protection" from inconsistent state statues under 926A during interstate travel, you must comply with 926A.  If you violate the clear restrictions of 926A, you could very well be subject to federal prosecution for doing so regardless of whether you possess a reciprocal state license to open or conceal carry a firearm.  

View Quote


926A only needs to be complied with if you do not have protection elsewhere (reciprocity, LEOUSA, etc) and want protection.

Note you have to know state laws. While you may have reciprocity protection for your handgun, you may not have for your rifle, especially during hunting season, so the rifle might need to be locked via 926A while the handgun does not
Link Posted: 8/28/2020 4:03:21 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Just to be clear, are you suggesting that 18 U.S. Code 926A does not have to be complied with, and is not enforceable against those who violate the statute by keeping a loaded weapon within their reach or on their person during interstate travel?

Do you see the problem here?  This is a very poorly written federal statute that creates a new federal crime while purporting to "protect" interstate travelers transporting firearms from state prosecution under state statutes for doing so.  

Under 926A, which by its language supersedes any inconsistent state law, there is absolutely no concealed carry license exception to its requirement that all firearms being transported during interstate travel remain unloaded and stored outside the passenger compartment of the vehicle or in a locked container .

18 U.S. Code 926A clearly mandates that all firearms being transported during interstate travel remain unloaded and outside of the passenger compartment or in a locked container.  There is no exception in the statute for those with concealed carry licenses, and therefore, any violation of 926A is a federal crime.

If you want the "protection" from inconsistent state statues under 926A during interstate travel, you must comply with 926A.  If you violate the clear restrictions of 926A, you could very well be subject to federal prosecution for doing so regardless of whether you possess a reciprocal state license to open or conceal carry a firearm.  

"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof..." not only supersedes state statutes that may put interstate travelers at risk for transporting firearms, it also supersedes reciprocal state conceal carry license statutes.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:



It does NOT APPLY.
It is not a matter of complying with FOPA, you are NOT USING FOPA.
It does not matter.


Just to be clear, are you suggesting that 18 U.S. Code 926A does not have to be complied with, and is not enforceable against those who violate the statute by keeping a loaded weapon within their reach or on their person during interstate travel?

Do you see the problem here?  This is a very poorly written federal statute that creates a new federal crime while purporting to "protect" interstate travelers transporting firearms from state prosecution under state statutes for doing so.  

Under 926A, which by its language supersedes any inconsistent state law, there is absolutely no concealed carry license exception to its requirement that all firearms being transported during interstate travel remain unloaded and stored outside the passenger compartment of the vehicle or in a locked container .

18 U.S. Code 926A clearly mandates that all firearms being transported during interstate travel remain unloaded and outside of the passenger compartment or in a locked container.  There is no exception in the statute for those with concealed carry licenses, and therefore, any violation of 926A is a federal crime.

If you want the "protection" from inconsistent state statues under 926A during interstate travel, you must comply with 926A.  If you violate the clear restrictions of 926A, you could very well be subject to federal prosecution for doing so regardless of whether you possess a reciprocal state license to open or conceal carry a firearm.  

"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof..." not only supersedes state statutes that may put interstate travelers at risk for transporting firearms, it also supersedes reciprocal state conceal carry license statutes.


It does NOT APPLY if you have Concealed Carry Permits for the firearm(s).
FOPA is superseded by the permits.
Note that many places do NOT allow you to conceal a long gun on a Permit.

THEY give you permission to carry a concealed and loaded gun.
YOU have to make sure the permit(s) are valid in both states.

FOPA is not a proscriptive law that must be followed in the manner your are thinking.

If you want to transport it is a permission and descriptive law of a set of conditions
that allow you to travel though places that might restrict you from transporting a firearm.

It is a protection against

Link Posted: 11/11/2020 2:20:59 AM EDT
[#11]
Section 926A is not a criminal statute (despite its location in Title 18). It contains no mental state nor does it specify a punishment or whether it would be a misdemeanor or felony. Sections 926B and 926C are similar protective statutes (applying to qualified law enforcement officers and retired qualified law enforcement officers, respectively). I promise you won't find a reference to a penalty for "violating" 926A, B, or C at 18 USC § 924. Even if it somehow created an offense, it would be an infraction, per 18 USC § 3599(a)(9) (if an offense does not authorize imprisonment, it is an infraction).

It is the result of the Firearms Owners Protection Act (the same law that outlawed new machine guns), and was enacted to protect interstate travelers when moving through anti-gun states.
Link Posted: 11/11/2020 2:47:22 AM EDT
[#12]
FOPA is a safe harbor provision, not a requirement.

If the operative state requirements are more permissive than FOPA, then FOPA is irrelevant.
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