To carry or not to carry

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  • Dutchman

    Plinker
    Rating - 0%
    0   0   0
    Aug 23, 2009
    6
    1
    Portage, Indiana
    I'm leaving on vacation from Indiana and plan on going to Washingto D.C., then heading up to Gettysburg Pa. and then up to Niagra Falls Ny. I had a friend tell me it's ok to travel through states that don't honor my Indiana cc permit as long as I don't stay the night there. I'm a little foggy on this legal stuff so some good advice would help. I don't plan on carrying but would like to have it with me at least. What ya think?
     

    Indy_Guy_77

    Grandmaster
    Rating - 100%
    16   0   0
    Apr 30, 2008
    16,576
    48
    States that don't honor Indiana's permit:

    firearm unloaded and locked in a "not readily accessable by passengers in the passenger compartment" area...like the trunk.

    Keep in mind that SOME states consider a loaded magazine equal to a loaded firearm.

    Traveling through a state or foreign territory (Illinois, California, DC, New York) follows the "peaceable journey" statutes.

    -J-
     

    Dutchman

    Plinker
    Rating - 0%
    0   0   0
    Aug 23, 2009
    6
    1
    Portage, Indiana
    States that don't honor Indiana's permit:

    firearm unloaded and locked in a "not readily accessable by passengers in the passenger compartment" area...like the trunk.

    Keep in mind that SOME states consider a loaded magazine equal to a loaded firearm.

    Traveling through a state or foreign territory (Illinois, California, DC, New York) follows the "peaceable journey" statutes.

    -J-

    Thanks that helps.
     

    Slab

    Expert
    Rating - 0%
    0   0   0
    Nov 23, 2008
    1,093
    38
    fort wayne
    if you carry all the time and dont, youll feel naked.
    you wouldnt want to go naked on vacation would you????:popcorn:
     

    cosermann

    Grandmaster
    Rating - 100%
    14   0   0
    Aug 15, 2008
    8,392
    113
    I had a friend tell me it's ok to travel through states that don't honor my Indiana cc permit as long as I don't stay the night there.

    This is essentially correct under the "safe passage provision" of the Firearm Owners Protection act.

    Here's one reference:
    Firearm Owners Protection Act - Wikipedia, the free encyclopedia

    It's also touched on in the INGO FAQ:
    https://www.indianagunowners.com/fo...discussion/16185-ingunowners_faqs_sticky.html

    If you cut out New York, this trip would be pretty doable if you had a Utah Non-res Permit. Then you could lodge across the river from DC in Virginia (who recognizes the UT CFP), and leave your handgun in your room safe. Penn. recognizes the IN LTCH, so PA isn't a problem. You could even do something similar for the falls; like lodge in Erie, PA, and drive a couple hours to visit the falls.
     

    Timjoebillybob

    Grandmaster
    Rating - 100%
    1   0   0
    Feb 27, 2009
    9,419
    149
    I'm leaving on vacation from Indiana and plan on going to Washingto D.C., then heading up to Gettysburg Pa. and then up to Niagra Falls Ny. I had a friend tell me it's ok to travel through states that don't honor my Indiana cc permit as long as I don't stay the night there. I'm a little foggy on this legal stuff so some good advice would help. I don't plan on carrying but would like to have it with me at least. What ya think?
    Sec. 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.
    But the courts have ruled that only applies to the actual transporting of the firearm, you are not allowed to stop except for 'reasons necessary to continue' the journey. For example gas or maybe food.

    There was a lawyer who was arrested in I think NY who was arrested and convicted (and the conviction was upheld) of having a firearm without a license. He was traveling through NY and stopped for about an hour to talk to a client. The courts ruled that the stop was not necessary to continue the journey so he wasn't covered under the peaceable journey statute. Sorry I can't find a cite for it.

    But you can't stop to see the sights, visit with grandma etc. If doing so would put you in violation of the laws of that state. For instance someone from IL traveling through IN and OH on the way to WV with a handgun, they could not stop in IN( (illegal to transport a firearm without permit)for any reason not necessary to continue their journey, but they could stop in OH because you do not need a permit to transport a handgun in a car there(with restrictions). Sorry if I'm confusing, I'm not sure how to put it any better. If I am wrong on any of this I hope someone will correct me.
    All standard disclaimers apply.
    IANAL, TINLA etc etc.
     
    Last edited:

    Dutchman

    Plinker
    Rating - 0%
    0   0   0
    Aug 23, 2009
    6
    1
    Portage, Indiana
    Thanks everybody for your replies. I guess I'll just have to settle with just taking my little Benchmade Osborne 940. :): It is a great little knife though.

    By the way I'll be in D.C. for the 912 march :patriot:We have to let those people know how we feel!
     
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