General Categories > Laws and Legislation
Transporting Firearms..
Z3R0:
Hey guys, I'm thinking I already know the answer to this, but I'm curious as to what would be considered an "illegally" concealed weapon in the vehicle. I mean, I would assume that a weapon that's unloaded, out of immediate reach of the drivers or passengers etc but not immediately in view of any window (Say, a trunk?) I mean, is that considered illegal? I've always transported my firearms in a safe manner, and in a way that I wouldn't consider threatening to any law enforcement officer that might approach the vehicle, if I were to ever be stopped.
Now, if I've broken any laws in my thought process above, disregard anything below. When I go out shooting I usually have to drive quite a ways, and I tend to make it more than an A to B kind of drive, what I'm saying is I like to stop places, like say Cabela's on my way home or whatever. If I hid a firearm from view (which I have NOT EVER DONE, EVER), for example I just recently purchased a new vehicle, that happens to have a cavernous space where the spare tire would normally be under the rear deck of the SUV, is this illegal? I'm just trying to think of ways to secure my firearms in a way that they're not just...there. I've seen those car safes but with 4-5 rifles, a shotgun etc I usually bring out with me....It'd have to be a big safe.
Anyways, like I said I'm sure this isn't kosher but I've been reading so many different suggestions, and I trust the logic of most all of you. (Perhaps that says something about my own sanity, who knows :P )
SemperFiGuy:
Z3RO
Here are the Federal laws/rules for Interstate transport:
18 USC § 926A - Interstate transportation of firearms
US Code (Current through Pub. L. 113-21. See Public Laws for the current Congress.)
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.
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Let it be clearly understood that the above law(s) apply specifically to Interstate transportation. [Nebraska to Iowa, for example.]
Now...How about State laws?
Generally, they can't be tougher than Federal law. As it happens, most states do follow Federal law. Except some states pay little or no attention to Federal law. Like Illinois, for example. Illinois does what it damn well pleases. You can get a lawyer. You are allowed to call your lawyer from jail. You pay all fees, fines, legal expenses, court costs, etc. And the phone call, of course.
To be sure in the case of in-state travel, read the laws for each state through which you plan to travel. Don't travel through Illinois without a FOID. [You can look it up.]
Now, there are many situations that you can think up which do not exactly fit the above Federal law circumstances. Grey areas. Best to strictly lean toward the Very Letter of the Law.
So that you don't lose (a) your money, (b) your guns, and (c) your time.
sfg
GreyGeek:
--- Quote from: SemperFiGuy on August 16, 2013, 09:20:48 PM ---Don't travel through Illinois
--- End quote ---
That is the best advice. It's worth the time and extra fuel to bypass Illinois. And, they deserve to lose income from your food, fuel and motel expenses.
Dan W:
We should add ...New Jersey, New York and Washington DC as serial abusers of the Federal safe transport laws
David Hineline:
Illinois law has changed recently.
--- Quote ---RV/Car Carry Without A Permit/License
As the law states below, “is eligible to carry a firearm in public under the laws of his or her state or territory of residence.”
This is a new law and no Administrative Rules have been written. The Law as written is not defined. Until the Illinois State Police define what will be acceptable as proof that you can legally carry a firearm in your home state Handgunlaw.us highly recommends you not vehicle carry without a valid permit / license from your state of residence while in a traveling in your vehicle in Illinois.
Section 40
(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:
(1) is not prohibited from owning or possessing a firearm under federal law;
(2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence; and
(3) is not in possession of a license under this Act. If the non-resident leaves his or her vehicle Unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.
Subsection (b) of Section 65 States:
(b) Notwithstanding subsections (a), (a-5), and (a-10) of this Section except under paragraph (22) or (23) of subsection (a), any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection (a), (a-5), or (a-10) of this Section shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk, provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.
--- End quote ---
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