Quick question.

roccoracer

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I am going to the cape for a few days for a get away. We need to stop in Connecticut on our way home. If my pistol is in a safe unloaded while in CT is it legal? I am a mass resident without a CT permit.
 
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If you stop and the PoPo finds your gun. You are now
in big trouble! CT has no reciprocity with MA. FOPA
only protects you while on the road. If you stop to sleep
at a roadside motel? Maybe a gray area? I wouldn’t want
to be the test case. Stopping for a coffee should be ok
but IANAL.
 
If you stop and the PoPo finds your gun. You are now
in big trouble! CT has no reciprocity with MA. FOPA
only protects you while on the road. If you stop to sleep
at a roadside motel? Maybe a gray area?
I wouldn’t want
to be the test case. Stopping for a coffee should be ok
but IANAL.
FOPA covers sleeping in a motel, getting gas, eating breakfast, etc. Stops that are related to your travel and supportive of that endeavor. Or, at least, I've never heard otherwise. I know a lot of people that just won't stop in an unfriendly state regardless, which isn't a bad idea.

It does not cover a two-hour visit to a museum, or catching a movie, or stopping to chat with friends that live along your route (provided it is not your final destination).
 
Be mindful of any preban mags. Not legal in CT unless you registered them, and FOPA does not cover mags.
 
FOPA reads:
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.

I've always understood this to mean that I can transport THROUGH a state that I'm not licensed in as long as I'm legally permitted to own that firearm in my origin and destination. FOPA says nothing about stopping along the way.

As far as the "high cap mags" which someone else mentioned - FOPA allows you to transport through. It doesn't allow you to possess items in a state where they're forbidden. So the post cautioning you about "high cap mags" in CT is entirely on point.

Another great example is hollowpoint ammo in NJ. It's forbidden except under very specific conditions - which the casual traveler doesn't meet.
 
Jacob Paulsen, President of ConcealedCarry.com.
"...This law doesn't apply to someone who drives into New York City and stays there for 2 weeks on business or vacation. That isn't 'transporting' a firearm through New York State. It is generally accepted and believed in the industry that reasonable stops such as filling up with gas or eating a meal while traveling through a state still meet the requirements of 'transporting.'"

I know it's one step up from this:
1592518167999.png

But as I said, I [emphasis] have never heard otherwise.

I do believe someone attempted to introduce a bill to add clarity, as the law as written per my recollection is vague.

ETA: Assumptions are always risky, but I would hope a judge would see that a drive from, say, Maine to California, is more than 24 hours of driving, and unless they expect a person to drive that without stopping, some amount of "rest" would be acceptable. We have regulations on truck driver hours, etc., for example. Again, not a cite, but I've been on several fora and "gas/food/bio" have always been accepted as OK. Either way, as more or less an affirmative defense, I would not want to be in such a situation to start with.
 
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Jacob Paulsen, President of ConcealedCarry.com.
"...This law doesn't apply to someone who drives into New York City and stays there for 2 weeks on business or vacation. That isn't 'transporting' a firearm through New York State. It is generally accepted and believed in the industry that reasonable stops such as filling up with gas or eating a meal while traveling through a state still meet the requirements of 'transporting.'"
Ok, so we've moved up to "dude, trust this guy". Plus, you appear to have added "FOPA covers sleeping in a motel, ......"

The wording in FOPA is "Continuous and uninterrupted".
 
To add to the mix, USCCA say this, lol: "In some states, the drivers must pass through the state without stopping, and in others only short stops are tolerated." They do not provide any sources or expand upon that statement.

I've read the text of 18 U.S.C. § 926A on a few websites just now, such as Cornell law, and don't see "continuous and uninterrupted" mentioned anywhere so far.
 
I've read the text of 18 U.S.C. § 926A on a few websites just now, such as Cornell law, and don't see "continuous and uninterrupted" mentioned anywhere so far.
Looks like you are right ... not sure why I remembered it that way. Thanks.

There are many ambiguous cases - for example, how long may you remain in a state and enjoy FOPA86 if your trip is interrupted for a transmission rebuild or quadruple bypass?

NYC and NJ have been known to take the approach "FOPA86? You can discuss that with your attorney and judge, for now you are under arrest".
 
When using FOPA86 (as written; imagined or postulated on NES) do NOT have your LTC visible when the wallet is opened. I know some people who got hassled by the NYSP because the trooper saw a CT carry permit in the driver's wallet, and the off duty cop in the car enjoyed the show for a bit before he badged out of the issue. The problem was the trooper was not familiar with the NY exemption allowing competitors to bring handguns into NY for a match (I think's its somewhere around 265.20(13) in the NY penal code).

I came across another case where the shitstorm started because a MD cop recognized a PA carry permit in a wallet: McDaniel v. Arnold, 898 F. Supp. 2d 809 - Dist. Court, D. Maryland 2012 - Google Scholar

Some people who get their LTC are are so impressed by it they actually put it in a windowed section. This is stupid. Others put it into a slot where someone can observe it when the wallet is opened. This is careless. Bore the officer who looks at your open wallet with credit cards, a work ID and maybe a library card but keep the gun licenses out of sight.

None of this helps if the officer smells gunpowder. BTDT.
 
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FOPA covers sleeping in a motel, getting gas, eating breakfast, etc. Stops that are related to your travel and supportive of that endeavor. Or, at least, I've never heard otherwise. I know a lot of people that just won't stop in an unfriendly state regardless, which isn't a bad idea.

It does not cover a two-hour visit to a museum, or catching a movie, or stopping to chat with friends that live along your route (provided it is not your final destination).
I guess that you never heard of the guy that spent 3 years in a NJ prison because he missed a flight and went to check his luggage back in (per airline orders) in the morning after spending the night at the airport hotel.
 
I guess that you never heard of the guy that spent 3 years in a NJ prison because he missed a flight and went to check his luggage back in (per airline orders) in the morning after spending the night at the airport hotel.
I had heard of it, but my recollection was that he violated the letter of the law wrt to FOPA, bringing his firearm inside a hotel or something. I don't recall the particulars.

Never paid much attention to airline travel as I don't plan to fly with a firearm.
 
I guess that you never heard of the guy that spent 3 years in a NJ prison because he missed a flight and went to check his luggage back in (per airline orders) in the morning after spending the night at the airport hotel.


I remember another one in NJ...

A lady was traveling through and she was stopped for something and she got arrested for having a gun...

NJ Arrest

She was then pardoned by Christie, but that was after she spent 48 days in JAIL!!!

Pardon

.
 
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I am going to the cape for a few days for a get away. We need to stop in Connecticut on our way home. If my pistol is in a safe unloaded while in CT is it legal? I am a mass resident without a CT permit.

I was really worried two years ago...

Cruisin New England does a Mystery Cruise every year, we meet up for the 1st few stops in Eastern MA... The last stop was a bit away from the last place, we had taken a short highway ride and then some main roads and then some back roads... I had no idea were I was till I was coming home and feed "Go Home" into my GPS!!! I was in Road Island with a gun on my hip!!! I figured that it wasn't to far till I was back in MA so I left it on my hip, now my GPS brings me a different way home, now I'm driving through RI and now CT!!! I'm saying to myself, should I pull over and put the gun into my safe, ya go ahead and put it into your safe and have a cop drive by, NO just keep going, you have to be out of CT soon!!! I can't tell you how happy I was to finely see that "You Are Entering MA" sign... ;) :p :rolleyes:

No matter what the laws are, it all depends on that officer that has pulled you over, if he/she knows the laws!!!

.
 
I remember another one in NJ...

A lady was traveling through and she was stopped for something and she got arrested for having a gun...

NJ Arrest

She was then pardoned by Christie

Pardon

.
She wasn't carrying in accordance with FOPA, though, it was in her purse, and not locked in the trunk.

There was another case of a guy from either NC or SC who drove up to help after that storm in NY and got jammed up, too, but another non-FOPA case.
 
There are many ambiguous cases - for example, how long may you remain in a state and enjoy FOPA86 if your trip is interrupted for a transmission rebuild or quadruple bypass?


This whole discussion really relies on what can be considered an interruption. I don’t think it’s unreasonable to argue that a stop at a hotel, gas station, or restaurant is not an interruption. If you were stopped at any of these places, your active goal is still to arrive at your final destination where you are legally allowed to possess a firearm. If someone came up to you at the restaurant and asked what you were doing, your answer would reasonably be “on our way to X.” This would be contrasted by taking a trip where you stop at multiple locations to engage in touristic activities. In this scenario, your trip is from point A, stop to see point B (can’t lawfully possess), arrive at point C (can possess). When you leave point A, your goal is to arrive at point B were you cannot lawfully carry. You are no longer transporting a firearm to point C, rather you are transporting to B. Similarly, your travel from C to B has also become unlawful because you are traveling from a origin where you cannot lawfully poses.
 
I had heard of it, but my recollection was that he violated the letter of the law wrt to FOPA, bringing his firearm inside a hotel or something. I don't recall the particulars.

Never paid much attention to airline travel as I don't plan to fly with a firearm.
No, he was convicted because he illegally possessed a handgun in NJ without a NJ permit. His flight got into Newark Airport late, missing his connecting flight to Western PA. Airlines forced him to claim his luggage and told him to check in the next morning so he took his luggage to the airport hotel and then back to the airport. NY/NJ airports call Port Authority Police whenever anyone checks a gun in and they arrest non-residents (there is no such thing as a NR permit/license in NY/NJ). NJ Supreme Court upheld his conviction and Christy commuted his sentence when he was running for president.
 
She wasn't carrying in accordance with FOPA, though, it was in her purse, and not locked in the trunk.

Yup I know that, I didn't say she was "transporting legally"... I just said she got jammed up for it...

She was the big case that a lot of Big Shots got involved in though to try and change NJ Law...

.
 
OP - you probably have not been pulled over in years, and even then, did they search your car?
Make a reasonable effort to abide by all traffic laws. Don't weave in and out of traffic. Resist the urge to stop and buy fireworks or something stupid. If your vehicle is covered in gun stickers you may want to reconsider, but your best bet is, as you draw near the Conn state line, pullover, unholster your firearm, and hand it to your wife. Tell her to put it in her purse.
If you get pulled over and she is searched, tell the cop you had no idea she brought it and you specifically told her not too. Enjoy a few days of having the house to yourself. Eat cheetos in your underwear. Disconnected or power down all phones until you are running out of clean laundry.

Sarcasm. Do not violate state laws. Do not risk becoming a PP for life
 
OP - you probably have not been pulled over in years, and even then, did they search your car?
Make a reasonable effort to abide by all traffic laws. Don't weave in and out of traffic. Resist the urge to stop and buy fireworks or something stupid. If your vehicle is covered in gun stickers you may want to reconsider, but your best bet is, as you draw near the Conn state line, pullover, unholster your firearm, and hand it to your wife. Tell her to put it in her purse.
If you get pulled over and she is searched, tell the cop you had no idea she brought it and you specifically told her not too. Enjoy a few days of having the house to yourself. Eat cheetos in your underwear. Disconnected or power down all phones until you are running out of clean laundry.

Sarcasm. Do not violate state laws. Do not risk becoming a PP for life


This. CT has a specific law allowing transport through in addition to FOPA.

Its all about managing risk. If the place you are going is 10 miles off the route of your trip, you drive a reasonable car, drive reeasonably, don't smoke pot while driving, don't rob a liquor store. The chances of getting stopped and searched are miniscule.

I'm 52, I used to drive like a bat out of hell. Been pulled over dozens of times. Never searched.

Also note that CT defines transport differently than FOPA. It needs to be "not readily accessible".


Don
 
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