temporarily driving through a state on the highway?

[rufunky]

The other day I was driving on the highway and noticed at a couple points I had went in and out of RI. My start point and final destination was in MA where I have my CC license.

How do CC laws handle these situations? What if I had got pulled over while over the RI line??

 

[appraiser]

there is a federal law allowing for transport unloaded and secured to a state where you are legally allowed to have a gun.

Hopping across the border from MA to RI and back into MA with a loaded gun would IMHO get you in deep fecal matter if you got pulled over.

I live on the MA/NH border, and although I do not carry a gun, if I did I would never risk going into MA to get from point A in NH to point B in NH, not worth the risk. If I wanted to go to a range and shoot for example I would drive 100 miles out of my way to avoid crossing a state line. In other parts of the country it's not a hassle, from the mason dixon line north..forget it

 

[Big_Red]

Hopping across the border from MA to RI and back into MA with a loaded gun would IMHO get you in deep fecal matter if you got pulled over.

I do not believe this to be true. Take a look at this thread: http://northeastshooters.com/vbulletin/showthread.php?t=49436

 

[vellnueve]

You're both correct.

Glockaholic is correct to say that if you are traveling across state lines with your gun unloaded and locked in the trunk or in a case, you are protected by federal law as long as you're not stopping for any reason other than short stops for rest or food/fuel.

Big Red is correct to say that in the particular case of RI, if you have an MA LTC and cross over the line into RI but are not stopping in RI, you can continue to carry concealed while you head out of the state.

 

[rufunky]

Thanks Big red! good to know.. I really thought I might have unknowingly been breaking the law.

 

[dagwag77]

You're both correct.

Glockaholic is correct to say that if you are traveling across state lines with your gun unloaded and locked in the trunk or in a case, you are protected by federal law as long as you're not stopping for any reason other than short stops for rest or food/fuel.

Big Red is correct to say that in the particular case of RI, if you have an MA LTC and cross over the line into RI but are not stopping in RI, you can continue to carry concealed while you head out of the state.

Just with RI make sure you don't get out of the car - you must be passing through the car, once you get out of the car to get gas or something you're in violation of the law.

 

[drgrant]

Just with RI make sure you don't get out of the car - you must be passing through the car, once you get out of the car to get gas or something you're in violation of the law.

This part is unclear to me. I'd be willing to bet that CRALRI or some org like that has a full interpretation of RI's peaceable journey. "Getting Gas" usually is not considered to be above the threshold to shed the protection of the law, from what I have read.... similar to the fudge factor that is built into FOPA, as the intent of the traveler is not to detain themselves unnecessarily in the state. On the other hand, doing something like getting a sit down dinner, or going shopping, etc, would probably be out of the question.

-Mike

 

[Harleynut]

I had gone to RI on business and had forgot a pre ban high cap mag full of hollow points. I was told that they really don't like the hollow points there.

 

[drgrant]

I had gone to RI on business and had forgot a pre ban high cap mag full of hollow points. I was told that they really don't like the hollow points there.

AFAIK there are no laws in RI that ban hollowpoints.

NJ has a carry ban on hollowpoints, but if you're in NJ with a gun, you're likely
breaking bigger laws, anyways.

-Mike

 

[Jose]

FOPA does NOT cover you if you are carrying concealed in a state that does not recognize your license.

What you did (driving through RI with a concealed handgun on a MA LTC) is more than likely a felony and no federal law will help you.

If you wanted the protections of the peacable journey part of the Firearm Owners Protection Act of 1986, you had to unload your handgun and lock it in an inaccesible part of the vehicle BEFORE you drove into RI and keep it there until you get back to a state where you legally can carry it concealed and loaded.

 

[vellnueve]

FOPA does NOT cover you if you are carrying concealed in a state that does not recognize your license.

What you did (driving through RI with a concealed handgun on a MA LTC) is more than likely a felony and no federal law will help you.

If you wanted the protections of the peacable journey part of the Firearm Owners Protection Act of 1986, you had to unload your handgun and lock it in an inaccesible part of the vehicle BEFORE you drove into RI and keep it there until you get back to a state where you legally can carry it concealed and loaded.

Incorrect. RI law has a little-known nuance that allows a person traveling through RI without stopping to continue carrying their concealed firearm.

 

[drgrant]

Incorrect. RI law has a little-known nuance that allows a person traveling through RI without stopping to continue carrying their concealed firearm.

+1... this has nothing to do with FOPA.

-Mike

 

[rufunky]

OK, so now I am wondering if the police would be just as confused about this law as a few people here are.

 

[Nickle]

OK, per FOPA, you need to secure it.

BUT, there's RI law that says you can do it, so you're good to go.

Just remember, if you were to get stopped, do NOT quote FOPA on this. Quote the RI law.

This thread is strange. Everybody is right.

 

[appraiser]

law or not, that was the point I was trying to convey in post #2 of this thread. Most LEO's are not going to take kindly to an out of stater running around in their state with a loaded gun, concealed, and no non resident permit, law or not.

Even in NH it is illegal for a non resident to have a loaded gun in the car, concealed or not, heck it's illegal for a NH resident to have a loaded gun in the car without a CCW permit and NH is the second most gun friendly state in the region.

If you have an interaction with a LEO expect it to be long and not pleasant.

 

[rufunky]

OK, per FOPA, you need to secure it.

BUT, there's RI law that says you can do it, so you're good to go.

Just remember, if you were to get stopped, do NOT quote FOPA on this. Quote the RI law.

This thread is strange. Everybody is right.

Thanks Nickle, seems to be the way with firearm laws..
Almost like giving them the choice to screw you or let you be.

 

[drgrant]

law or not, that was the point I was trying to convey in post #2 of this thread. Most LEO's are not going to take kindly to an out of stater running around in their state with a loaded gun, concealed, and no non resident permit, law or not.

Uhh, but isn't it their JOB to enforce (and to some extent, understand) the law?

I'm guessing the state didn't put that provision in the law for the hell of it- it's there for a reason- to exempt individuals which are merely passing through.

I have no use for it (as I never pass through RI without stopping for some period of time) but if I did, I'd certainly take advantage of it.

I won't even get into the fact that you'd have to get into some really bizarre or exigent circumstance for your firearm possession to become known to any LEO you encounter, anyways. So one would nominally have to be high on the numskull scale to even "test" the law.

-Mike

 

[Jose]

Incorrect. RI law has a little-known nuance that allows a person traveling through RI without stopping to continue carrying their concealed firearm.

Color me shocked, given the overall suck-ass firearms law climate in southern New England.

 

[appraiser]

Uhh, but isn't it their JOB to enforce (and to some extent, understand) the law?

I'm guessing the state didn't put that provision in the law for the hell of it- it's there for a reason- to exempt individuals which are merely passing through.

I have no use for it (as I never pass through RI without stopping for some period of time) but if I did, I'd certainly take advantage of it.

I won't even get into the fact that you'd have to get into some really bizarre or exigent circumstance for your firearm possession to become known to any LEO you encounter, anyways. So one would nominally have to be high on the numskull scale to even "test" the law.

-Mike

There are not a lot of cops in MENSA, so they may not be aware of that part of RI law, or they might not give a damn.

If cops are so bright why are they arresting people only to have the charges dismissed, or a not guilty finding being issued. If they were so smart everyone would be guilty.

Here is a scenario, I am riding my motorcycle from point A to Point B transiting through the state of RI. I am minding my own business and get taken out by some dope taking a left turn in front of me. The Cops show up and start going through my pockets to find my info while the EMT's are checking me out, and there is a M&P 40C in my jacket pocket, one in the pipe, 10 in the magazine. Do you think this is going to turn out well ? I had a similar incident in MA, where at the time I had a LTC life & property, and it turned into a major clusterfuk.

 

[dagwag77]

Uhh, but isn't it their JOB to enforce (and to some extent, understand) the law?

I'm guessing the state didn't put that provision in the law for the hell of it- it's there for a reason- to exempt individuals which are merely passing through.

I have no use for it (as I never pass through RI without stopping for some period of time) but if I did, I'd certainly take advantage of it.

I won't even get into the fact that you'd have to get into some really bizarre or exigent circumstance for your firearm possession to become known to any LEO you encounter, anyways. So one would nominally have to be high on the numskull scale to even "test" the law.

-Mike

Very true, but even if they don't know every law, I make sure I do, and I make sure I print out and bring with me a copy of the law! Not sure what good it will do if the need should arise to produce the paper, but sure beats not having it and not trying.