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Question regarding RI's pass through carry law.

Discussion in 'Rhode Island Laws' started by iefstath, Dec 17, 2010.

  1. iefstath

    iefstath

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    I understand that RI allows for carry in your vehicle if you are passing through the state and are licensed on the other side. I also understand that RI does not require a license to simply possess a firearm in ones home or property...

    My question; can I carry in my apartment in RI, walk down to my car while carrying, get in and drive out of the state to MA where I am licensed? Would this violate the RI statute, I'm not stopping in the state once I get in my car...

    Secondly, if this is allowed, would I then be able to carry in MA, drive home and walk into my apartment in RI without being in violation or do I need a RI Non-res license to legally do both of these things?
     
  2. plumber

    plumber

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    By the letter of the law, you have detained yourself in the state so 11-47-8 does not apply.
     
  3. TheCamel

    TheCamel

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    IANAL, but I do believe you would need the RI out-of-state ccw permit to do that. The pass-through law pertains to people traveling through RI from one state to another (ie, CT to MA through RI).

    If you are a resident of RI, you need to have a blue-card to own any handguns. Any resident 18+ can own a shotgun or rifle.
     
  4. Jose

    Jose Guest

    What happens if neither the state you live in nor the one you are headed to require licenses or permits for handgun possession?
     
  5. RichM

    RichM Retired Army Veteran

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    Neither of the 2 states that border Rhode Island fit that definition. Both CT and MA require permits for both possession and carry. I can't imagine anyone traveling through RI going from VT to TX, for example!

    OTOH, MA residents often cross a corner of RI going from the Worcester area through Providence to the New Bedford or Cape Cod areas... this RI law allows them to continue to carry concealed on their MA LTCs as the cross a portion of RI.
     
  6. GSG

    GSG

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    As RichM said, RI General Laws 11-47-8 exempts people passing through the state who are actually carrying concealed, as long as they're licensed in another state.
     
  7. Cooter Brown

    Cooter Brown

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    Best case scenario, you would be violating the law from your front door to the car on the way out of Mass, and would be violating the law from the state line to your apartment on the way back.

    Likely scenario: since one of the terminus points is within the state the pass-through exemption does not apply to your situation at all, as plumber says. Not a lawyer, but I wouldn't want to be the test case.

    We need national reciprocity.
     
  8. TheCamel

    TheCamel

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    Ran this question by a RI officer I know, and yes, this scenario is breaking RI law. To do what iefstath is describing, one would need to apply for a out-of-state CCW. To pass through legally, you would cannot exit your vehicle at any point in RI while carrying. He also highly advised against keeping an out of state handgun in an apartment until the necessary paperwork was done.
     
  9. Bostonjake01

    Bostonjake01

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    This may be a real stupid question... I dont have my LTC yet " waiting for monthly retirement check ". If I have a Ma. LTC A non restrict. would I beable to pass thru other states or is this just a RI thing. If so how do you go about being able to do that? the reason i ask is i am planning a trip to FLA. on the bike alone and would like protection.
     
  10. RichM

    RichM Retired Army Veteran

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    The RI pass-through law allows you to continue to carry a loaded, concealed handgun through the state on your way from and to a place where you are permitted to carry a loaded and concealed handgun.

    FOPA (Firearms Owners Protection Act) is a federal law that allows you to TRANSPORT UN-loaded firearms that are locked up and inaccessible for the purpose of ready use through any state, whether or not that sate would allow you to possess those firearms in that state.

    There are distinct differences between these two laws... it's wise to not confuse them.
     
  11. Bostonjake01

    Bostonjake01

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    Is their a way to carry thru the states and then in a state were I would be vacationing.
     
  12. RichM

    RichM Retired Army Veteran

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    The Firearm Owners Protection Act (FOPA) allows TRANSPORT through states where you need a license to possess a gun and you do not have such license. It requires that possession of said gun is permissible in both the state where you began your travel and the state of your destination. It requires that the guns be unloaded, secured in a locked container, and that the ammunition be locked up and secured elsewhere.

    From the Cornell University Law School site
    CARRY is a separate question (carry implies concealed carry of a loaded handgun). If you are required to have a permit to carry a concealed handgun in the state of your destination, then you must either have that permit, or have an acceptable permit from another state that has a reciprocal agreement with your destination-state.
     
  13. Bostonjake01

    Bostonjake01

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    what about a non resident LTC
     
  14. RichM

    RichM Retired Army Veteran

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    Check your PM.
     
  15. Kevlar

    Kevlar

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    RichM has already covered FOPA which, as he explained, only covers transport, not carry. In order to carry from here to FL, I would suggest a FL non-resident CWFL (concealed weapons or firearm license). That would allow you to carry a concealed firearm in DE, VA, NC & GA as well as FL. The remaining states (NY, NJ, MD & SC) can be transited under the provisions of FOPA (again, transport only, no carry).
     
  16. Bostonjake01

    Bostonjake01

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    Thanks Kevlar
     
  17. RichM

    RichM Retired Army Veteran

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    This information will be of interest to all, so I'll post a copy of what I sent to Jake:

     
  18. RichM

    RichM Retired Army Veteran

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    In addition, while traveling, you must be knowledgeable of EACH state's laws regarding prohibited places (bars, restaurants with bars, places posting signs prohibiting carry, etc.).

    You must also know whether each state requires disclosure to a policeman when you are carrying. We don't usually need to worry about that in MA, but several states require that you inform a policeman at or within a specified time from when you are stopped.
     
  19. GSG

    GSG

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    I've heard that the RI State Police have taken the position that the law only applies to people on the highway. I haven't seen (or looked for) any caselaw on it. It's not a law I'd try to push the envelope on though.

    I'm not aware of any other state that allows people to carry while passing through, except where reciprocity comes into play. If you're travelling to FL, do you have a FL Concealed Weapon or Firearm License? If so that will allow you to carry for a huge chunk of your driving trip down here via reciprocity. But you'd have to lock it up unloaded in the states where you're not covered by the FL license, unfortunately.
     
  20. Bostonjake01

    Bostonjake01

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    how hard is it to get non resident LTC in FL.
     
  21. Kevlar

    Kevlar

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  22. GSG

    GSG

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    As Kevlar said, it's simple, the license is 100% shall issue. Even without a permit it's legal to have a loaded gun in a vehicle in FL if you aren't federally prohibited from possessing it. When in the vehicle without a license it simply must be "securely encased," which typically means in the glove compartment, center console or some kind of closing box/case.
     
  23. Jared

    Jared

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    Nothing mandates concealment in the 11-47-8 exception, you can carry passing through as you see fit, openly, concealed or whatever.
     
  24. Jared

    Jared

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    .

    A blue card is not needed to possess. People bought handguns in the 1970's without a bluecard.

    You can move into the state with handguns and you don't need a blue card.

    Also, you can buy a firearm without a blue card if you have a town permit to carry.
     
  25. GSG

    GSG

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    Just remembered, you can legally carry loaded in the glove compartment through SC. A FL license also covers you in PA (although on 95 you're only in PA for about 20 minutes [laugh]).

    True, but I was trying to convey the point that I literally meant carrying; many people from Mass. are used to the MGL daffynitions regarding the meaning of common words. I'd also like to note that open carry while driving through RI without a permit is strictly legal, but not at all a good idea.
     

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