FOPA (Firearm Owners' Protection Act)

[zeppelinfromled]

I did some searching on here and elsewhere and ended up with the answers that I needed, but I thought that quick post about the FOPA might be helpful for people (particularly with respect to the section referred to as the "safe passage" provision).

The end result of my search is that, due to FOPA, you can carry a gun through states where you are not allowed to possess this gun in order to get to your destination. This is true as long as you are allowed to possess the gun in the state where the trip originated and you are allowed to possess the gun in the state where the trip will end.

So if I'm driving to Alabama with a gun, and I have to drive through New York and New Jersey, I'm legally in the clear. I would personally keep a copy of the text of the law with me though, because I don't trust all police officers to be fully up to date on FOPA.


For those who want it, the text of the law says:

"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."

This can be found in Title 18, Part I, Chapter 44, Section 926A (link below)

http://uscode.house.gov/uscode-cgi/...ADJ USC):CITE AND (CHAPTER ADJ (44)):EXPCITE

 

[MACGYVR]

Whipping out a sheet of paper with the law on will get you nothing with an officer. I don't understand why people think this will keep them on the up and up.

The side of the road is not a courtroom and is no place to argue with an officer over the law. They are in charge when you are stopped, any arguing will get you any number of results.

A better tactic is that you don't give them a reason to search your car. Answer all questions politely and be cordial to the officer. Remember they are just doing their job and in their eyes you did do something to get pulled over. Don't mention the firearms at all.

If they ask you get out of the car, then you can use your discretion at what point (usually when they say "Anything in the car I should know about") to tell them that you have guns locked up in the trunk as you are on your way to wherever for whatever.
They probably will look at the guns, make sure they are stored properly, might even take down the make, model and serial# and run a stolen gun check on them.

In most cases they will let you go on your way and tell you to slow down.

 

[zeppelinfromled]

"In most cases."

Yes, this is absolutely true. In most cases, I wouldn't even get pulled over.

But then again, in most cases I won't get assaulted on the street, so I might as well not carry a gun, right? And in most cases, no one is going to break into my house, so I don't need guns in my house, right?

The sheet of paper would be a last ditch effort if I'm about to get brought to jail or if they're about to confiscate my guns. It probably won't make a difference, but I doubt that it could hurt at that point.

 

[MACGYVR]

If the cop has decided to take you to jail its game over. Whipping out that piece of paper will definately get you nowhere at that point.

Trying to tell a cop how to do there job will not get you anything.

I suggest go over the masscops forum and ask this question in the ask a cop area. You will see the type of attaitude and response you will get.

All those other "most cases" you cite, you are in control of the situation. You can decide how to react.
Along the side of the road with a cop, you are at their mercy and can only do what is asked or ordered.

"In most cases."

Yes, this is absolutely true. In most cases, I wouldn't even get pulled over.

But then again, in most cases I won't get assaulted on the street, so I might as well not carry a gun, right? And in most cases, no one is going to break into my house, so I don't need guns in my house, right?

The sheet of paper would be a last ditch effort if I'm about to get brought to jail or if they're about to confiscate my guns. It probably won't make a difference, but I doubt that it could hurt at that point.

 

[KMaurer]

While the side of the road is generally not a good place to play defense attorney, that's not an open and shut case. The NJ State Police used to routinely pull over out-of-state drivers on the turnpike and, if they discovered any firearms, confiscate them and charge the drivers with criminal charges, despite FOPA. After numerous complaints and more than one law suit, the NJ AG's office issued a letter informing the police of the provisions of FOPA and warning that, unless they could articulate some specific reason to believe that the driver didn't meet the required provisions, that they were opening themselves up to individual suits. A lot of people carried copies of that letter, and today, with the exception of the Port Authority Police, there don't seem to be any problems. Unless you've got a bad attitude, keeping a copy couldn't hurt.

Ken

 

[ASHDUMP]

Whipping out a sheet of paper with the law on will get you nothing with an officer. I don't understand why people think this will keep them on the up and up.

The side of the road is not a courtroom and is no place to argue with an officer over the law. They are in charge when you are stopped, any arguing will get you any number of results.

A better tactic is that you don't give them a reason to search your car. Answer all questions politely and be cordial to the officer. Remember they are just doing their job and in their eyes you did do something to get pulled over. Don't mention the firearms at all.

If they ask you get out of the car, then you can use your discretion at what point (usually when they say "Anything in the car I should know about") to tell them that you have guns locked up in the trunk as you are on your way to wherever for whatever.
They probably will look at the guns, make sure they are stored properly, might even take down the make, model and serial# and run a stolen gun check on them.

In most cases they will let you go on your way and tell you to slow down.

Most officers are not dick heads. Actually, you might find one who doesn't mind an educated civilian. I would carry this law on a long road trip. It can't hurt. Referencing the law will not get you more jail time, so why not!

 

[vellnueve]

The cost of a sheet of paper is negligible. Why not?

 

[Rob Boudrie]

I keep a copy of the NY law with the competition exemption wrapped around my gun in a locked gun case when going to matches in that state. If an officer is not familiar with the law it *might* be enough to get him/her to look it up in the lawbook in his or his supervisor's car. Failing that, if the officer made an arrest, I would politely request that the gun case and letter also be cataloged as evidence.

 

[BruceW]

Would the FOPA apply if i where to say, take a trip from MA to SD, and would have to stop to sleep in states other then MA or SD?

 

[zeppelinfromled]

Would the FOPA apply if i where to say, take a trip from MA to SD, and would have to stop to sleep in states other then MA or SD?

I would think that you'd be covered. It covers necessary stops, and sleep is necessary on a drive that long. If I were you, I'd probably cover my ass and make sure to stop in states where I'm allowed to own anyway.


I am not a lawyer and this is not legal advice

 

[drgrant]

Would the FOPA apply if i where to say, take a trip from MA to SD, and would have to stop to sleep in states other then MA or SD?

Just don't stop in the half dozen or so commie states and you'll be fine.

EG, don't stop in NY/NJ, IL/Chicago, etc.

Most of the states do not have local laws that are onerous to the extent that you need to rely on the FOPA bypass. Most states in the US are "free by default" allowing possession of unloaded firearms by non-felons without any sort of license or permit.

I would not detain myself in a commie state any longer than necessary. Most of the states where you need to rely on FOPA are the ones you would least likely want to have to "test" it in either, so not hanging around there is the name of the game. (not to mention the longer you stay in a given state, the less plausible it is to make the claim that you were just passing through. )

-Mike

 

[RFWAVELENGTH]

Whipping out a sheet of paper with the law on will get you nothing with an officer. I don't understand why people think this will keep them on the up and up.

The side of the road is not a courtroom and is no place to argue with an officer over the law. They are in charge when you are stopped, any arguing will get you any number of results.

A better tactic is that you don't give them a reason to search your car. Answer all questions politely and be cordial to the officer. Remember they are just doing their job and in their eyes you did do something to get pulled over. Don't mention the firearms at all.

If they ask you get out of the car, then you can use your discretion at what point (usually when they say "Anything in the car I should know about") to tell them that you have guns locked up in the trunk as you are on your way to wherever for whatever.
They probably will look at the guns, make sure they are stored properly, might even take down the make, model and serial# and run a stolen gun check on them.

In most cases they will let you go on your way and tell you to slow down.

That piece of paper will demonstrate to the jury that you were a responsible, law-abiding firearms owner and that the cop was a complete a-hole. After you are found not-guilty or the judge dismisses the charges, hire a pit-bull lawyer and sue the hell out of the cop and the department (including the chief and shift commander) for false arrest, false imprisonment, damage to your good name, loss of employment (if the arrest/prosecution is discovered by the boss and you are fired because of it), etc.