A new carrying across state lines question

[SMiller]

If I recall a police officer must have a warrent to search your glove box if it is locked. If that is the case and I am driving through Ill or WI with my loaded gun in the locked glove box then the officer could not search it? If that is the case then I wouldn't have to go through the trouble of locking the gun in the truck and the ammo in the glove box, sure would make it easier to not have to load it back up and such to go into a hotel and such. Your thoughts?

 

[Timjoebillybob]

Actually a leo has to have a warrant to search your vehicle period or probable cause which must be something exact not just a hunch or instinct. Unless you give him permission that is. I'm pretty sure (IANAL) if you give him authorization to search your vehicle he can search anywhere in it he chooses.

 

[SMiller]

And if you don't give them concent then all they can do is bring over a K9 and walk around it, right?

 

[Bill of Rights]

And if you don't give them concent then all they can do is bring over a K9 and walk around it, right?

They can also search if anything that is in plain sight gives them reason to believe there is some type of contraband in there. A shell casing, an NRA bumper sticker, a hat with a range ad on it... any of these might be claimed as PC for search, and once the evidence is before the court, it's up to the judge to decide if the search was legit. Any bets on what the finding would be in IL or WI, once they knew that a gun was found?

Also, the federal "peaceable journey" statute does not permit you to stop in the prohibited area and still be covered, as I understand it. You may drive without a voluntary stop through IL or WI, if you are traveling from IN and have a LTCH, to any point where you may legally possess the handgun. Stopping for the night is not included, nor is even stopping for a meal. I am guessing that a vehicle breakdown or a stop for fuel would probably be covered, but personally, I would not want to be the test case.

Standard disclaimers apply: IANAL, IDPOOTV, IDSIAHIELN, TINLA.

Blessings,
Bill

 

[Timjoebillybob]

They can also search if anything that is in plain sight gives them reason to believe there is some type of contraband in there. A shell casing, an NRA bumper sticker, a hat with a range ad on it... any of these might be claimed as PC for search, and once the evidence is before the court, it's up to the judge to decide if the search was legit. Any bets on what the finding would be in IL or WI, once they knew that a gun was found?
Blessings,
Bill

Thats what I meant by probable cause. And a casing I wouldn't bet on. The hat/sticker

 

[Dr Falken]

I carry to the border, then I unload and trigger lock my weapon, then put it in a case. That is the legal way to transport a weapon in Illinois. I suppose I put it in the trunk too. Illinois requires residents to have a FOID card for possesion. Last I checked, there was no out of state or non-resident allowance or requirements. Needless to say I do not travel through Chicago or various suburbs.

 

[right winger]

I try to avoid such places.

 

[USPc40]

I travel between Indiana and Missouri, and I never stop in Illinois. Not going to spend any money in that gun unfriendly state.

 

[cosermann]

Also, the federal "peaceable journey" statute does not permit you to stop in the prohibited area and still be covered . . .

I'd be interested on some case law on this if anyone knows of any. I was under the impression you could stop for gas or something to eat, but not for an "extended period of time." Overnight would be out of the question for example.

Here's the code for reference, btw.
US CODE: Title 18,926A. Interstate transportation of firearms

 

[22rssix]

I always thought if your a going out of state and drive through a state like IL. You are covered while staying the night. As long as that stopping point is not the final place on your trip. Also I think that you can keep the gun loaded in the hotel room.


Just keep the gun locked up like the law says and all should be good while crossing the state.

I could be way wrong also....

 

[CarmelHP]

This one includes some definitions of stops incidental to travel. Don't expect the links to work.

People v. Selyukov, 2008 NY Slip Op 28104

The defendant is charged with criminal possession of a weapon in the fourth degree in violation of Penal Law § 265.01, a class A misdemeanor, for allegedly possessing a Bersa .380 calibre semi-automatic firearm in the trunk of his car on March 31, 2007 in the Village of Tuckahoe.

He has moved to dismiss the charge on the ground that his possession of the firearm in New York was lawful under 18 USC § 926A despite New York's requirement of a permit.

18 USC § 926A reads as follows:

"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 [*2] 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 [***299] 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."​

Although New York may have more stringent firearm standards than those of some other states, Congress has provided relief from those standards under certain conditions. 18 USC § 926A allows law-abiding citizens to transport firearms that are legal in their state and the state of destination. (See 132 Cong Rec S5358-04 [May 6, 1986].) Fundamental to the defense is the firearm owner's actually engaging in travel, or acts incidental to travel, through the state of arrest, such as stopping for food or gasoline or picking up passengers or packages for the trip. Any pause in the journey must be directly incident to it. Although no New York decision was found that spoke to this requirement, it is explained in 56 Journal of the Misssouri Bar 110 (2000) and 94 CJS, Weapons § 23. The defense is lost if the owner stops for reasons not directly related to his trip, such as a stay with his girlfriend (see State v Baker, 639 SW2d 617 [Mo App, SD 1982]), or for business unrelated to the trip. (See Birch v Texas, 948 SW2d 880 [Tex App, San Antonio 1997].)

[**671] Since the statute suspends the operation of a state's penal law, it should be strictly construed. Any activity by the owner in the state passed through for a purpose unrelated to accomplishing the passage forfeits the protection of the federal law.

This defendant, through his motion, admitted that he was traveling from Florida (where the firearm was assertedly lawful) to Scarsdale, New York, to visit a client. He would then continue to Massachusetts (where he was also apparently allowed to possess the firearm). According to defendant's motion papers, the stop in Scarsdale was [*3] not required to fulfill his journey. The purpose was to "do some paperwork with his client." (Defense counsel affirmation at 2.)

Because the defendant was not solely engaged in acts incidental to travel through New York, but was stopping for another purpose, he is not entitled to the defense provided by 18 USC § 926A. His motion to dismiss is therefore denied.

 

[muncie21]

For the guy charged with carrying in NY, that has got to hurt!

As for PC to search your car, if the LEO wants to get in, he's going to get in. You will end up having to disprove the legality of PC in court, not by the side of the road.