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Posted: 7/9/2002 1:39:51 PM EDT
Can someone tell me how this act helped to make it legal to travel through other states with a firearm ? I see people on this site and others refering to this act as if it protects you from state laws while traveling as long as your guns are unloaded and in the trunk.

Sec. 926A. - Interstate transportation of firearms



[red]Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof[/red], 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


Doesn't the highlighted part mean that states can make laws which are stricter then federal law ? If so I don't see how FOPA of 1986 protects gun owners at all.
Link Posted: 7/9/2002 2:07:30 PM EDT
[#1]
Notwithstanding means in spite of.  In other words, Federal law supersedes State and Local law when transporting from one legal location to another legal location.
Link Posted: 7/10/2002 10:51:28 AM EDT
[#2]
Thanks Guy. I thought notwithstanding meant that local laws could be stricter. It makes sense now.

I now know that my lawyer from 5 years ago did absolutely nothing for me. If you read my other thread in this forum you will see what I am talking about. If we used this law as a defense I could of walked from that charge.
Link Posted: 7/11/2002 5:11:03 PM EDT
[#3]
According to the NJ State Police it is legal to transport a firearm in and through NJ.

[url]www.njsp.org/about/fire_trans.html[/url]

All firearms transported into the State of New Jersey:

Shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel, shall include only such deviations as are reasonably necessary under the circumstances.

The firearm should not be directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console.



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