Magazine and guns transportation

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Magazine and guns transportation

Post by Tomahawk » Tue Mar 29, 2016 10:04 pm

Sadly I will be leaving me Kentucky in a few weeks. Didn't get to meet many of you and I would've been more involved if I knew I was going to stay here. This is a great forum with great people.

I'll be traveling from here to Oregon passing through illinois, missouri, uppermost part of colorado, Wyoming, Nebraska, skirting Iowa and Utah. I have 30 rd mags and glocks along with AR and AK.

Will I be breaking any laws by carrying any of those guns or 30 round mags? I know Colorado you can't buy not sure if you can't possess. Illinois too. I don't think any of the other states I listed are of any concern.

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Re: Magazine and guns transportation

Post by Dave1965 » Tue Mar 29, 2016 10:11 pm

With the exception of Wyoming, this sounds like a shitty trip. I suggest maybe checking over at AR15.com as far as the laws. There are some hometown forums for different states over there and they usually have the rules for the state posted near the top of the category I think.

You should be good in Missouri, lived there once and trunk was good to go. Wyoming, Nebraska and Utah should also be ok but you need to check a resource for sure. I heard if you had guns traveling through Illinois to be VERY careful. Cops were pretty hardcore (but that is only heresay). Looks like have to have locked in hard case in this state if transporting.


Here is a fairly recent guide to aid you though. Googled in 3 seconds. Try it

http://blog.cheaperthandirt.com/gun-tra ... ed-states/

and then this to make it even easier for you to find the answer

https://www.nraila.org/gun-laws.aspx

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Re: Magazine and guns transportation

Post by PDM » Wed Mar 30, 2016 7:38 am

Illinois is a "go directly to jail. do not pass go. do not collect $200" zone. Since that's already a long trip, driving around Illinois wouldn't be that big of a deal.
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Re: Magazine and guns transportation

Post by Tomahawk » Wed Mar 30, 2016 8:21 am

Is this simply for mags? I can ship my mags. It's the guns that I worry about since that is a far higher cost to ship

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Re: Magazine and guns transportation

Post by ssracer » Wed Mar 30, 2016 8:25 am

PDM wrote:Illinois is a "go directly to jail. do not pass go. do not collect $200" zone. Since that's already a long trip, driving around Illinois wouldn't be that big of a deal.
I pucker every year going to Missouri for our canoe trip as we pass through Illinois.

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Re: Magazine and guns transportation

Post by PDM » Wed Mar 30, 2016 8:28 am

Tomahawk wrote:Is this simply for mags? I can ship my mags. It's the guns that I worry about since that is a far higher cost to ship
I'm not sure what gun configuratios are allowed, but even if you get that right, following the law in Ill is harder that flying with guns. Like Dave said, check out the local forum on AR15.com
"The unlimited power of the sword is not in the hands of either the federal or the state governments, but, where I trust in God it will ever remain, in the hands of the people."
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Re: Magazine and guns transportation

Post by Dave1965 » Wed Mar 30, 2016 8:54 am

PDM wrote:
Tomahawk wrote:Is this simply for mags? I can ship my mags. It's the guns that I worry about since that is a far higher cost to ship
I'm not sure what gun configuratios are allowed, but even if you get that right, following the law in Ill is harder that flying with guns. Like Dave said, check out the local forum on AR15.com

or simply go to the links I provided!!. Its not hard to find the answers....and there are much better resources on the web than asking here...is what I was getting at.

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Re: Magazine and guns transportation

Post by Frailer » Wed Mar 30, 2016 9:07 am

From the Firearm Owner's Protection Act:

18 U.S. Code § 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.


Note this does not cover prohibited ammunition or magazines.

Of all the states you mentioned, the only one that would give me the slightest concern would be Illinois. I'd make that leg of the trip as short as possible, and I would obey all traffic laws. As Dave mentioned, a little research of specific state laws would give you much peace of mind. My personal go-to source is handgunlaw.us

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Re: Magazine and guns transportation

Post by Tomahawk » Wed Mar 30, 2016 7:17 pm

I don't understand what notwithstanding means. I looked up the definition, does it mean that us code overrules everything?

I also think im going to play it safe. Since I dont have lockable gun cases for all, i'm going to store ammunition in a safe in the bed of my truck. Then i'm going to rent a small u haul trailer to haul my guns.

I will also do research, and I believe Illinois is only 4 hour drive on the lower part of the interstate.

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Re: Magazine and guns transportation

Post by Frailer » Wed Mar 30, 2016 10:35 pm

Tomahawk wrote:I don't understand what notwithstanding means. I looked up the definition, does it mean that us code overrules everything?
"Notwithstanding" means "in spite of," so your interpretation is correct.

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Re: Magazine and guns transportation

Post by Dave1965 » Thu Mar 31, 2016 8:33 am

[quote="Tomahawk"]does it mean that us code overrules everything?

[quote]

Federal law ALWAYS overrules state law. And US Code is definitely federal law (hence the US part).

States are supposed to only be able to make laws STRICTER. Not looser. Unless you live in the likes of Colorado.

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Re: Magazine and guns transportation

Post by jackalo626 » Thu Mar 31, 2016 12:28 pm

Dave1965 wrote:
Tomahawk wrote:does it mean that us code overrules everything?

Federal law ALWAYS overrules state law. And US Code is definitely federal law (hence the US part).

States are supposed to only be able to make laws STRICTER. Not looser. Unless you live in the likes of Colorado.
I always understood it as states govern themselves and can ignore federal law from what I see.

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Re: Magazine and guns transportation

Post by jackalo626 » Thu Mar 31, 2016 12:29 pm

Hell, states were threatening to arrest feds if they came in to enforce newly enacted gun laws not long ago.

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Re: Magazine and guns transportation

Post by richief » Thu Mar 31, 2016 12:56 pm

Fopa protects you when "Traveling" from one state where it is legal, to any other state where it is legal to own and posess firearms.
That said I have traveled with firearms ammo and mags from CT to KY many times, this includes passing through NY City and New Jersey, prob two of the worst states for posession of a gun, there are no carry licenses.
While I usually hold my breath till Pennsylvania, and I make sure I am fueled so I don't have to stop, even though stopping for a meal or fuel is AOK under fopa.
What you are not protected with, is stopping over night in a communist state, so plan fuel and over night stays by mileage and time so you land in America for your overnights at the very least.
Even though Fopa protects a "Traveler" When you keep the guns locked in a case ( simple zipper case with luggage lock or zip tie is ok) and ammunition seperate. I also keep any and all of this hidden from plain sight. I have no doubt that getting pulled over in NY, NJ, or MD and one of their finest sees a gun case, etc., their will be more of a delay in my journey than necessary. Also if ever asked "I'm gonna havta search your car, ok" immediately and politely inform them That NO, You do not consent to warantless searches.
As long as your reg, insurance license is up to par, don't stay overnight in states that residents can't posess what you are travelling with you should be ok.

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Re: Magazine and guns transportation

Post by Tomahawk » Thu Mar 31, 2016 3:47 pm

Well, federal law prohibits marijuana but states allow it. So generally states can't ignore federal law but it seems they are.

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Re: Magazine and guns transportation

Post by Dave1965 » Thu Mar 31, 2016 8:53 pm

Tomahawk wrote:Well, federal law prohibits marijuana but states allow it. So generally states can't ignore federal law but it seems they are.

Didn't I say 'except colorado'??? (and other legalized states) It is still illegal, the feds just don't think its worth the fight to take on a whole state.

Marijuana is still listed as a Schedule One drug under the federal Controlled Substances Act, which makes it every bit as illegal as heroin.

In December of 2012, after Colorado and Washington state legalized recreational marijuana, President Obama told Barbara Walters in an interview that "it does not make sense" for the federal government to prioritize going after recreational users of a drug in a state that has legalized it. In August of the next year, the Justice Department said it would not challenge state laws sanctioning the use of marijuana for medicinal or recreational purposes so long as drug sales do not run counter to certain federal enforcement priorities, such as distribution to minors.

So, yes, marijuana remains an illegal drug, but the federal government has made it pretty clear it's maintaining a hands-off approach in states like Colorado. At least for now.

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Re: Magazine and guns transportation

Post by Wyldman » Fri Apr 01, 2016 12:56 am

Dave1965 wrote:
Tomahawk wrote:Well, federal law prohibits marijuana but states allow it. So generally states can't ignore federal law but it seems they are.

Didn't I say 'except colorado'??? (and other legalized states) It is still illegal, the feds just don't think its worth the fight to take on a whole state.

Marijuana is still listed as a Schedule One drug under the federal Controlled Substances Act, which makes it every bit as illegal as heroin.

In December of 2012, after Colorado and Washington state legalized recreational marijuana, President Obama told Barbara Walters in an interview that "it does not make sense" for the federal government to prioritize going after recreational users of a drug in a state that has legalized it. In August of the next year, the Justice Department said it would not challenge state laws sanctioning the use of marijuana for medicinal or recreational purposes so long as drug sales do not run counter to certain federal enforcement priorities, such as distribution to minors.

So, yes, marijuana remains an illegal drug, but the federal government has made it pretty clear it's maintaining a hands-off approach in states like Colorado. At least for now.
Until they pull a BATFE move and change their minds, again.

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Re: Magazine and guns transportation

Post by Tomahawk » Fri Apr 01, 2016 10:49 am

Dave1965 wrote:
Tomahawk wrote:Well, federal law prohibits marijuana but states allow it. So generally states can't ignore federal law but it seems they are.

Didn't I say 'except colorado'??? (and other legalized states) It is still illegal, the feds just don't think its worth the fight to take on a whole state.

Marijuana is still listed as a Schedule One drug under the federal Controlled Substances Act, which makes it every bit as illegal as heroin.

In December of 2012, after Colorado and Washington state legalized recreational marijuana, President Obama told Barbara Walters in an interview that "it does not make sense" for the federal government to prioritize going after recreational users of a drug in a state that has legalized it. In August of the next year, the Justice Department said it would not challenge state laws sanctioning the use of marijuana for medicinal or recreational purposes so long as drug sales do not run counter to certain federal enforcement priorities, such as distribution to minors.

So, yes, marijuana remains an illegal drug, but the federal government has made it pretty clear it's maintaining a hands-off approach in states like Colorado. At least for now.
I'm sure you said it, I just didn't see it. Can't Obama's statement t be applied to any state that legalizes something that is federally illegal?

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Re: Magazine and guns transportation

Post by Tomahawk » Fri Apr 01, 2016 10:55 am

I just realized I have a CCW permit. I can store guns in my car loaded or unloaded and I'll be fine right?

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Re: Magazine and guns transportation

Post by Dave1965 » Fri Apr 01, 2016 1:00 pm

Tomahawk wrote:
Dave1965 wrote:
Tomahawk wrote:Well, federal law prohibits marijuana but states allow it. So generally states can't ignore federal law but it seems they are.

Didn't I say 'except colorado'??? (and other legalized states) It is still illegal, the feds just don't think its worth the fight to take on a whole state.

Marijuana is still listed as a Schedule One drug under the federal Controlled Substances Act, which makes it every bit as illegal as heroin.

In December of 2012, after Colorado and Washington state legalized recreational marijuana, President Obama told Barbara Walters in an interview that "it does not make sense" for the federal government to prioritize going after recreational users of a drug in a state that has legalized it. In August of the next year, the Justice Department said it would not challenge state laws sanctioning the use of marijuana for medicinal or recreational purposes so long as drug sales do not run counter to certain federal enforcement priorities, such as distribution to minors.

So, yes, marijuana remains an illegal drug, but the federal government has made it pretty clear it's maintaining a hands-off approach in states like Colorado. At least for now.
I'm sure you said it, I just didn't see it. Can't Obama's statement t be applied to any state that legalizes something that is federally illegal?
That is what I said...if the feds want to go after it...they will. If it doesn't fit in their agenda, then they will go after it. If it were heroin they would probably be after it. If it were machineguns or suppressors then they would be after it. Like Wyldman said

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