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Discussion Starter · #1 ·
My friend just bought a Glock 23 in Louisiana. He is moving to Utah on the 20th and will be driving through Texas, New Mexico, and Colorado to get here. How can he transport his gun and not have issues with LEO's? Does it have to be concealed, plain sight, loaded, unloaded? Any help would be greatly appreciated.
 

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FOPA -- Firearm owner's protection act. Federal act that said if you are traveling through a state then regardless of that state's laws, you're safe if it is 'securely encased' and unloaded, and place in the trunk. If you do ANYTHING but business related directly to traveling, then you must obey that state's laws while in the state. So, to be clear: you must obey all state laws of the state you are departing and the state you are arriving at. For the states in between, as long as you do nothing but travel related business in the state, you are safe if it stays in the trunk, unloaded and securely encased. BUT if you are traveling through Texas and then go 5 miles out of your way to visit an old friend (non-travel-related business), then you must obey all Texas firearms laws while in that state.

I'd gladly accept any clarifications or corrections by others more in the know..
Thanks.
 

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Too little information.
Does he have a concealed permit from one of those states? How about from Utah?

If he doesn't, then he has to research the peaceable-journey laws of all the states he will go through.
"Peaceable Journey Laws" generally allow exceptions to prohibitions to having a firearm in your vehicle if you are "traveling".
Utah doesn't have one.

However, FOPA was passed to protect firearms owners. That included the passage of the following:

§ 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.
So, at a minimum, if he meets the requirements of the above federal statute, he can unload it and lock it in his trunk to travel, and be protected even if he travels through an anti-gun state.
 

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Discussion Starter · #6 ·
He does not have a permit yet. I just talked to him and he's going to keep it unloaded, encased, and in the trunk seperate from the ammo. Too much red tape for him to do it any other way.
:disgusted:
 

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Queen Kat said:
He does not have a permit yet. I just talked to him and he's going to keep it unloaded, encased, and in the trunk seperate from the ammo. Too much red tape for him to do it any other way.
:disgusted:
He doesn't have to keep it separate from the ammo, or have it securely encased.

To be protected under FOPA, the gun must be fully unloaded and the gun and ammo must be in the trunk. If the vehicle doesn't have a trunk, then it and the ammo must be in a locked case. Not just a secured case.

Oh, and you also have to be traveling from one place where possession of the gun is legal to another place where it's legal. So, for example, if I drove from Utah to Oregon and passed through California, I could take my 16-round mags, because they're legal in both Utah and Oregon, even though they're illegal in California. However, if I travel to a destination in California, I can only take 10-round mags.
 

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swillden said:
Oh, and you also have to be traveling from one place where possession of the gun is legal to another place where it's legal. So, for example, if I drove from Utah to Oregon and passed through California, I could take my 16-round mags, because they're legal in both Utah and Oregon, even though they're illegal in California. However, if I travel to a destination in California, I can only take 10-round mags.
<rodney>Why can't we all just...get sane gun laws?</rodney> Seriously, this brings Tacitus to mind: "The more corrupt the republic, the more numerous the laws."

--Geoff
 

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thx997303 said:
Unloaded, not Utah unloaded, but completely unloaded, in a locked container. Ammo seperate.
That is correct.

Tarzan
 
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