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1/25/2018 7:38:29 AM
Posted: 7/31/2002 11:16:57 AM EST
Sec 18 USC 926A. Interstate transportation of firearms states: 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, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That 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. Interstate travel with a firearm is, therefore, permissible as long as the firearm is unloaded and in such a place that it is completely inaccessible (preferably the trunk of the vehicle). But,.... (according to the Fla Sec of State) IN SOME CASES, STATE LAW TAKES PRECEDENCE OVER FEDERAL LAW REGARDING INTERSTATE TRANSPORT OF FIREARMS. Does anyone know when this federal statute does not apply??
Link Posted: 7/31/2002 12:48:47 PM EST
Do you have anything more specific on what the FL Sec of State means? It could just mean that FL law takes over if and when one or more of the conditions of 18 USC 926A is not met.
Link Posted: 7/31/2002 3:02:56 PM EST
I asked the following question on another post but Steve must have missed it. "Steve the wording and intent of the law is to allow legal transport of firearms through every state in the U.S. Is it just a defense to a prosecution or should the non-compliant states comply with the law in the first place. I understand that states can enact more restrictive legislation for residents but this is different. Do I need an opinion letter from the attorney general in states like NJ to protect myself when legally passing through?" NJ does have guidelines and acknowledges the federal law but you may still be subject to arrest anyway. New York is a state that doesn't acknowledge this federal law. NY does provide for nonresident handgun possession but only under very limited circumstances. Passing through the state isn't one of them. To make matters worse if you have five or more handguns in your possession it is presumptive evidence of intent to sell and raises the charge to a felony.
Link Posted: 7/31/2002 9:57:45 PM EST
Pure speculation on my part, I wonder if it has anything to do with the Southern part of the state where one cannot reasonably claim that they were "just passing through"?
Link Posted: 8/2/2002 6:31:11 PM EST
I had assumed that Sec 18 USC 926A afforded a legitimate firearms carrying traveler some protection so long as any arms were unloaded and locked in the trunk, that is until I went here: http://licgweb.dos.state.fl.us/news/concealed_carry.html (see or scroll down to question 7) It is clear that Fla is advising its citizens that this federal law does not preempt state law??? Anyone up on this???
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