Concealed carry through other states?

[25th_pull]

I was in the local gun shop the other day and while waiting to check out I had a conversation with a fellow Class A holder. I have recently moved to Uxbridge and now will be driving throught R.I. to get to work in the morning. He assured me that if you are just passing throught a state to get back to the state that you have a carry license in and you do not stop for anything then you are 100% fine. I asked “what if you get pulled over for some reason”? His response was “if the office asks if you have a firearm do not lie and tell him that you did not stop or get out of your car”!!

Does anyone know if this is true? Is your car an Embassy for your LTC? I’ve been going the long way around and hope to be able to cut through our neighbor to the south without jumpping through the Non-resident hoops that R.I. currently has in place.

 

[cekim]

FOPA has no provision for concealed carry - only transportation of firearms in the manner described in that law (which is: not loaded, locked and inaccessible to the driver)...

IANAL, but I'll go out on a limb here and say no F'ing way... (in answer to "carry through other states" - as below there may be exceptions to the rule as always...)

 

[appraiser]

we had a discussion about this not too long ago, RI allows for CCW if you are passing through without stopping for much more than gas and a bathroom break, without the benefit of a RI permit.

BTW that is just RI, NH does not allow the CCW or having the gun loaded in the car, resident or not, without a CCW from NH. MA... not a chance you can CCW passing through. Vermont... do what you want.

 

[25th_pull]

The gentleman with whom I was talking did say only R.I.!! I just don’t want to put myself in a bad situation!

 

[jar]

http://www.northeastshooters.com/vbulletin/showthread.php?t=29192

 

[appraiser]

http://www.northeastshooters.com/vbulletin/showthread.php?t=73659

 

[MaineCWPtraining]

U.S. Code
TITLE 18 > PART I > CHAPTER 44 > § 926APrev | Next § 926A.

Interstate transportation of firearms

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.

 

[25th_pull]

Thank you for the links...I'll spend some time on the sites but it looks like I should be good.

 

[jdubois]

U.S. Code
TITLE 18 > PART I > CHAPTER 44 > § 926A

That's the federal code that doesn't apply in this instance because it does not allow for CCW. The relevant statute is RI § 11-47-8:

"No person shall, without a license or permit issued [...] carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed [...] The provisions of these sections shall not apply to any person who is the holder of a valid license or permit issued by the licensing authority of another state, or territory of the United States, or political subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, provided the person is merely transporting the firearm through the state in a vehicle or other conveyance without any intent on the part of the person to detain him or herself or remain within the state of Rhode Island."

 

[Rob Boudrie]

The gentleman with whom I was talking did say only R.I.!!

True of RI because of state law; not true of most states.

 

[M1911]

U.S. Code
TITLE 18 > PART I > CHAPTER 44 > § 926APrev | Next § 926A.

Which, as has been pointed out, is completely irrelevant in this case. The controlling statute RI § 11-47-8.

 

[SeaShells]

Called RI SP, Was advised per 11-47-8 CC ok transiting through RI. Trooper did suggest carrying a copy of the statute in the vehicle, and advising of carry if stoped by LE

 

[Cabinetman]

Wow. That's interesting. Don't try that in CT!

Rome

 

[25th_pull]

Called RI SP, Was advised per 11-47-8 CC ok transiting through RI. Trooper did suggest carrying a copy of the statute in the vehicle, and advising of carry if stoped by LE

Thank you for that!! Looks like my ride to work just got much shorter

 

[drgrant]

RI allows safe thru passage for CCWs not holding permits there. THis means not detaining yourself in the state unnecessarily, of course.

Bear in mind however, that most states DO NOT have safe passage in this manner. This means that if you're carrying without the appropriate permit in that state, or without appropriate reciprocity with an existing permit, just by driving over the line with a loaded handgun you're usually committing a felony or a serious misdemeanor if you don't have the appropriate license. The sole exception in this part of the country is Vermont, which requires no permit for carry whatsoever.

The fed bypass law (FOPA) has nothing to do with loaded carry. All guns and ammo must be locked up and tucked away in the vehicle to comply with FOPA. FOPA also requires a "possession legal" start and end point to your journey. (EG, either a state where you are licensed or a "free by default for secured unloaded possession" which is about 90% of the states in the US. Be aware that if you don't strictly adhere to the FOPA provisions, that it will not legally protect you if you need it to. (EG, tossing an unloaded handgun under the seat or in your center console is not going to allow you to use FOPA as immunity against anti states. )

It is wise to at least make a cursory examination of the state laws in the states you wish to carry firearms in, as well as their laws regulating transport of even unloaded firearms.

-Mike