Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Site Notices
Posted: 1/11/2006 6:43:47 PM EDT
Question if FOPA would cover me in this situation:

I live in CT and have the appropriate license to carry and transport a pistol.

It would be illegal to transport a pistol into NY, as I have no pistol permit in NY.

I understand FOPA to cover me if I were to drive to PA from CT via NY, as I am legal in PA and CT.

What if my start and destination state are the same? What if the only route to a destination within CT is driving through NY from CT back into CT on the same trip?

Ideas?
Link Posted: 1/11/2006 7:16:38 PM EDT
Bump.
Link Posted: 1/12/2006 12:05:23 AM EDT
Interesting question. I don’t know the answer.

Sounds like you’d be covered, but I’d take a real close look at the specific language of the law to be sure. You might be able to find it over at packing.org.

Just speculating, but an issue here might be whether or not entering NY was necessary for you to get to your destination.

FWIW, keep in mind that as a practical matter the law is not an absolute guarantee against being arrested anyway. It just means you can’t be convicted.

You might also try posting this in our legal forum.
Link Posted: 1/12/2006 1:08:31 AM EDT
[Last Edit: 1/12/2006 1:09:13 AM EDT by Sukebe]
From the US Criminal code Title 18 Chapter 44 section 926 A

TITLE 18 > PART I > CHAPTER 44 > § 926A

§ 926A. Interstate transportation of firearms


Release date: 2005-08-03

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.


Link Posted: 1/12/2006 5:10:19 AM EDT

Originally Posted By racer934:
Question if FOPA would cover me in this situation:

I live in CT and have the appropriate license to carry and transport a pistol.

It would be illegal to transport a pistol into NY, as I have no pistol permit in NY.

I understand FOPA to cover me if I were to drive to PA from CT via NY, as I am legal in PA and CT.

What if my start and destination state are the same? What if the only route to a destination within CT is driving through NY from CT back into CT on the same trip?

Ideas?


Unload the pistol. Lock the pistol in a case and place the case in the trunk. Keep ammunition in the glove compartment.

http://www.nraila.org/GunLaws/FederalGunLaws.aspx?ID=59
Link Posted: 1/12/2006 7:45:32 AM EDT
New York has declared themselves exempt from FOPA, and the Feds have never forced NY to comply.
Link Posted: 1/12/2006 3:25:46 PM EDT

Originally Posted By A_Free_Man:
New York has declared themselves exempt from FOPA, and the Feds have never forced NY to comply.



I understood the "concerns" around New York's failure to abide by the provisions of FOPA to be limited to air travel. I don't know of instances where people have legitimately travelled (by automobile) through NY from one state to another, arrested and convicted even if the letter and spirit of FOPA covered them during their travels. If you have any cases outside the scope of checking firearms at a NY airport, I am all ears.


Orginally Posted By 199:
Just speculating, but an issue here might be whether or not entering NY was necessary for you to get to your destination.



199 - Yes, this particular address in CT is interesting. It is in a small corner of CT that is bordered by NY on both ends of the road. There is no way to travel on public roads to this particular address without crossing into NY for any period of time. There is no access to this road while staying in CT.
Link Posted: 1/12/2006 3:34:33 PM EDT

Originally Posted By racer934:

199 - Yes, this particular address in CT is interesting. It is in a small corner of CT that is bordered by NY on both ends of the road. There is no way to travel on public roads to this particular address without crossing into NY for any period of time. There is no access to this road while staying in CT.



Interesting doesn't begin to describe such a situation.

If there really is no access to this address without at some point entering the state of NY, then that would be a strong case for FOPA being binding on NY if you were to get arrested and charged. While I sincerely hope that no such thing ever happens, it would still be a very interesting case.

Legal implications aside, if you have the pistol unloaded and locked up in accordance with FOPA, and you put it in the trunk of your car under a bunch of clothes where no one can see it, I doubt you'll ever have any problems.
Link Posted: 1/12/2006 3:44:16 PM EDT
[Last Edit: 1/12/2006 3:44:50 PM EDT by racer934]

Originally Posted By libertyforall:
Interesting doesn't begin to describe such a situation.



Hence my question. If there access to the address without the need to travel into a bordering state, I would safely assume that FOPA would not cover the travel; as I had no compelling need to travel into a more restrictive state.


If there really is no access to this address without at some point entering the state of NY, then that would be a strong case for FOPA being binding on NY if you were to get arrested and charged. While I sincerely hope that no such thing ever happens, it would still be a very interesting case.


I really don't want to be a test case.


Legal implications aside, if you have the pistol unloaded and locked up in accordance with FOPA, and you put it in the trunk of your car under a bunch of clothes where no one can see it, I doubt you'll ever have any problems.


Understood. I don't put myself into situations where a LEO has probable cause to search my car, trunk included. However, shit happens and would hate to have a LEO find a locked black casein my trunk if I got into an accident or other situation where they may "inventory" the contents of my car.
Top Top