MA-LTC flying out of T F Green

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After reading the posts and not finding anything particularly similar, I thought I'd post a new thread.

In November, I am flying out of T F Green to Detroit for 5 days. I want to carry while in Detroit (can't think of anyone who WOULDN'T want to!). I have begun researching the situation. By all accounts I have been able to locate thus far, Michigan will honor my MA-LTC-A so no problem there.

The issue I'm concerned about is transporting my pistol through RI to T F Green. I will be packing the pistol and ammunition and all accessories per airline regulations (unloaded, ammunition is factory box, locked in hard-sided container with the only keys in my possession, checked baggage, declared, etc. etc.). Since I am traveling THROUGH the state of Rhode Island with no intention of remaining (other than waiting in the airport for my flight to depart and waiting for my baggage when I return), will I meet the provisions of the RI firearms laws (specifically, 11-47-8a)?

Opinions? Comments? Suggestions?

Thanks,
Ted
 
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You are all set. I spoke to a RI State Trooper assigned to the AGs office (401-274-4400) about 2 years ago as I was often traveling from MA down 146S to 95S to 195S through RI back into MA.

His response was "Massachusetts is kind of retarded, all these states should get together and make something happen." Wishful thinking. But the folks in the airport won't ask anything about an LTC or RI non-res permit so no worries.

EDIT: DISCLAIMER: You are all set under the circumstances you described. CCWing in RI w/o a resident/non-res permit is a no no.
 
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Fairly painless at Green Airport. Last trip, SWA counter person doesn't even want to look at the gun. Just asks if it is in locked container. I fill out the firearms card and put it on top of the case (inside my luggage).

Odd thing is that the TSA screeners pass the bag through without looking inside. Note that my bag is put in the long line of bags for the x-ray machine for about 5 minutes, so they didn't know whose bag was whose.

Note that airline staff and TSA are only confirming that you are legal at their airport and for your flight out. It is fully up to you to know the CCW laws of the states that you fly to. (Sorry if this is obvious.)

On the other hand, coming back in from various states, TSA will usually ask me to open the case to "look at it."

One good suggestion given to me, that I use, is to put any large amounts of ammo in a separate clear plastic container, so that TSA can see everything without opening it. (Yes, ammo is in original boxes.)
 

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FOPA = Firearms Owners Protection Act of 1986 (IIRC on year).

It's Fed Law that allows travel between states legally with firearms (locked in container, etc.) where you are duly licensed and must travel thru "unfriendly" states where you are not licensed.

A Google Search or a search on NES should give you a ton of info including cites to the actual law.
 
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Jose

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FOPA = Firearms Owners Protection Act of 1986 (IIRC on year).

It's Fed Law that allows travel between states legally with firearms (locked in container, etc.) where you are duly licensed and must travel thru "unfriendly" states where you are not licensed.
Actually, FOPA makes no mention of being licensed, duly licensed, or any other such verbiage. It only requires that you be legally able to posses the firearms you are travelling with at both the origin and destination locations.

Since "licenses to posses or own" do not exist in the majority of states, FOPA could not require so either.
 

Chris

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At TF Green, if you stick your bag on the X-ray in the terminal, stand where you can see the operator and when your bag goes in and you see the expression on the operator's face change as he looks around, just hold up your orange stub and smile. After my first trip, this made the whole thing go a LOT quicker. Much better than the "Does someone have a gun in their bag?' being yelled.

(^_^)

You can pretty much fly anywhere in the US with guns. I've even gone to Hawaii with them. (little bit of paperwork for that, but not bad) Just do yourself a favor and carry some info on what you have checked, and DON'T check anything you can't replace. I've heard of too many people who have had stuff go missing. Also, unless you need some match grade rifle ammo, don't bother packing ammo as you can't take much, it's freaking heavy, and most places in the country are a lot easier to get ammo than here. Heck, in the middle of nowhere Idaho, I found some really good prices on .45 ACP in a local convenience store.
 

TZCHRIS

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If traveling from MA to MA, via that little corner of RI, do I need to have my pistol locked? I have MA LTC, seems silly to have to pull over before the boarder and lock it up? Was told I am all set to carry concealed while traveling through but wanted a second opinion.
 

Rob Boudrie

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CCWing in RI w/o a resident/non-res permit is a no no.
Unless, of course, you hold a permit from another state and it is not your intent to detain or delay yourself while driving through RI. (Yes, this is in the RI statutes).

I have flown out of TF Green on numerous occasions, and nobody has ever asked for my RI permit.

>boarder

A "boarder" is someone who climbs onto your boat, or rents a room from you :)
 

TZCHRIS

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Thanks for the clarification, I thought I read in the post it had to be locked.
 
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Thanks for the clarification, I thought I read in the post it had to be locked.
It doesn't have to be locked (unless your vehicle is for example a truck, see below), but it cannot be accessible while traveling through RI.


-CITE-
18 USC Sec. 926A 01/07/2011

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 926A. Interstate transportation of firearms

-STATUTE-
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.

-SOURCE-
(Added Pub. L. 99-360, Sec. 1(a), July 8, 1986, 100 Stat. 766.)


-MISC1-
PRIOR PROVISIONS
A prior section 926A, added Pub. L. 99-308, Sec. 107(a), May 19,
1986, 100 Stat. 460, provided that any person not prohibited by
this chapter from transporting, shipping, or receiving a firearm be
entitled to transport an unloaded, not readily accessible firearm
in interstate commerce notwithstanding any provision of any
legislation enacted, or rule or regulation prescribed by any State
or political subdivision thereof, prior to repeal by Pub. L. 99-
360, Sec. 1(a).

EFFECTIVE DATE
Section effective on date on which Firearms Owners' Protection
Act, Pub. L. 99-308, became effective, see section 2 of Pub. L. 99-
360, set out as an Effective Date of 1986 Amendments note under
section 921 of this title.

-End-
http://uscode.house.gov/download/pls/18C44.txt
 
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Incorrect.

18 USC 926A is irrelevant, as RI statutes expressly permit transiting while armed.

SEE: R.I.G.L. 11-47-8(a)
Funny... Just had to deal with this today. MA LTC-A unrestricted, I was visiting a customer in Riverside, RI so I stopped at the RI border on 146, unloaded and locked my pistol up.

After the visit, went to lunch with a colleague just over the border in Seekonk, MA and holstered back up. Driving home took me through Providence and back up 95 and 146, but I wasn't stopping so I didn't have to stow the pistol again.

I love this damned forum... Thanks, Derek!
 
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Hello,

I hold CCW permits in both FL and MA. I fly into/out of T. F. Green airport during my trips to/from MA/FL.

After reviewing RI law and searching these forums, I cannot determine if it is legal for me to transfer my un-loaded and locked-in-a-hard-sided case firearm from luggage claim to a car, or the converse, from a car to luggage check-in.

I know that if I were driving through the state, I would be legal, under both Federal and RI law.

I contacted the RI State AG office and they are not allowed to give our legal opinions/interpretations.

While the general opinion in this thread is that I'd be safe, I would like to consult with an attorney who is an expert on this. Pls let me know who would be a good resource. The concern I have is that between the car and luggage claim/check in, I will be holing my luggage that has the case containing the firearm, as there is no clause in Federal or RI law that covers transferring the firearm between conveyances.

Thank you.
 

drgrant

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Then you should call an attorney instead of posting in this thread and wasting everyone's time, if you don't believe us. You can call up Keith Langer - he's on the MA and RI bar. He'll tell you what we just told you for free.

-Mike
 

Garys

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I know it's an old thread and we've beaten this to death in similar threads, but I'm going to point out that neither the airlines nor TSA care if you are "legal" other than that the firearms are locked up properly and the ammunition is stored properly. They don't even much care about the ammunition other than it can't be in the firearm or magazines.

On my last flight out and the return, the TSA didn't even open the case with the firearms.




Note that airline staff and TSA are only confirming that you are legal at their airport and for your flight out. It is fully up to you to know the CCW laws of the states that you fly to. (Sorry if this is obvious.)
 
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sorry. i didn't say it well enough. I meant "legal" for the TSA/Airline declarations, I didn't mean legal for CCW in their state.

so we are saying the same thing. Legal for CCW is fully up to you. and the cases (Newark Airport being the famous ones) are where somehow a local LEO happens to spot you with the firearm case and starts asking questions. the whole issue whether we are "in transit" (under FOPA) while going from car to airline counter or not.

and i have not heard any final answers (in the past few years) about Green and how they (LEOs) treat a MA CCW coming to Green and leaving on a flight.
this info is where the forum members could be useful. are they following the NJ/NY path of super strictness or are they pro-actively allowing a MA CCW to fly out of Green?

But, I for one, do not like being the guinea pig. So I have been sticking to Logan. and BTW, i rarely have airlines or TSA actually open my locked case anymore. as long as i have done the proper TSA/airline declarations, i have been good to go.


I know it's an old thread and we've beaten this to death in similar threads, but I'm going to point out that neither the airlines nor TSA care if you are "legal" other than that the firearms are locked up properly and the ammunition is stored properly. They don't even much care about the ammunition other than it can't be in the firearm or magazines.

On my last flight out and the return, the TSA didn't even open the case with the firearms.
 

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Police do NOT "happen along" in NY/NJ airports. It is SOP for AIRLINE personnel to summon a cop every time someone declares a gun. Port Authority police make the arrests from there!

I am unaware of even any rumors of such Gestapo tactics used in any other state.

Our problem is "what if the airline does an unplanned landing at a NY/NJ airport?" which is what led to 3 years in jail for a PA resident returning from the left coast.
 
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Since it looks like there have been no recent queries about this for quite awhile, I figured it would be polite to ask if anything has changed in RI with regard to FOPA.
Travelling from Wa. state to CT., flying into Pro. renting a car to continue to CT, I know how to pack for airline travel, so question is … Is RI still obeying intent of FOPA or is it going the way of NY and NJ? I have a CT nr permit so legal there Thanks in advance for any advice.
 

C. Stockwell

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Since it looks like there have been no recent queries about this for quite awhile, I figured it would be polite to ask if anything has changed in RI with regard to FOPA.
Travelling from Wa. state to CT., flying into Pro. renting a car to continue to CT, I know how to pack for airline travel, so question is … Is RI still obeying intent of FOPA or is it going the way of NY and NJ? I have a CT nr permit so legal there Thanks in advance for any advice.
RI won't jam you up contrary to FOPA. If you have a carry permit from another state and RI isn't your intended destination, you're exempted under RIGL 11-47-8(a).
 
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Garys

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The few times I flew through TF Green, no one asked about a license at all. They only cared that the firearms were unloaded, locked in a box, and that the ammunition was in a box.

I think the issue really is limited to New York/New Jersey Port Authority airports. Which would be JFK, LaGuardia, Newark, Atlantic City Airport, Stewart Internation Airport, and Teterboro, NJ.

RI won't jam you up contrary to FOPA. If you have a carry permit from another state and RI isn't your intended destination, you're exempted under RIGL 11-47-8(a).
 

Rob Boudrie

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I think the issue really is limited to New York/New Jersey Port Authority airports. Which would be JFK, LaGuardia, Newark, Atlantic City Airport, Stewart Internation Airport, and Teterboro, NJ.
I have heard reliable reports of upstate NY doing the "call the airport police for a gun check" when someone declares a gun in luggage.
 

Garys

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Where upstate? Stewart is in Newburgh, which is considered upstate. Did you mean Buffalo or somewhere near there?

I have heard reliable reports of upstate NY doing the "call the airport police for a gun check" when someone declares a gun in luggage.
 
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