Carrying out of state

[Indianavette]

I will be travelling to FL, which honors the IN Carry Permit. Problem is that I will be spending a night in So Carolina, which does not. How is the best way to transport my pistol while in So. Carolina?

 

[OWGEM]

Handgunlaw.us

 

[msr]

I don't know legally, but I would carry it unloaded and locked in it's case with the ammo unloaded from the mags and kept in a separate case. I would look into S.C. laws to be sure.

 

[mk2ja]

The Federal Firearms Transportation Statute covers you en route during interstate travel.

18 USC § 926A - Interstate transportation of firearms | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

Before you enter a state that does not honor your Indiana LTCH, unload the weapon and place the ammo and firearm in separate compartments of your range bag or suitcase in the trunk. Then, continue to avoid any interaction with LEO.

 

[Indianavette]

Perfect, thanks for the quick and positive direction.

 

[Joq867]

In Florida, your weapon must be concealed. They don't allow open carry. Don't let it show or there may be trouble.

 

[74J10]

The federal firearms transportation code covers you only if you are traveling through with no stops except for gas basically. I don't believe that covers you if you stay over a night. Once you stop for something nonessential state regs take over.

That is my interpretation of it. If someone knows different please speak up.

 

[kludge]

^ I also understand it this way. ^

Spend the night somewhere else. No need to hit SC on the way to FL. You're GTG in every other state on the way. Be aware of CC laws as mentioned, not all states allow it.

 

[k.leonard]

In Florida, your weapon must be concealed. They don't allow open carry. Don't let it show or there may be trouble.

just out of curiosity, what would happen if a shirt came up over the gun and the carrier did not notice it? any info on this.

 

[grogie]

I drive to Colorado usually each year, and in IL and KS I have to stop before entering, unload and put my Glock in the back of my Jeep. (sigh)

 

[kludge]

just out of curiosity, what would happen if a shirt came up over the gun and the carrier did not notice it? any info on this.

Florida Statute for Improper Exhibition of a Firearm or Weapon

Improper Exhibition Of A Firearm Or Oher Weapon

Brandishing under Open Carry law

 

[Bapak2ja]

The Federal Firearms Transportation Statute covers you en route during interstate travel.

18 USC § 926A - Interstate transportation of firearms | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

Before you enter a state that does not honor your Indiana LTCH, unload the weapon and place the ammo and firearm in separate compartments of your range bag or suitcase in the trunk. Then, continue to avoid any interaction with LEO.

Well said! Accurate, complete, succinct.

 

[mk2ja]

The federal firearms transportation code covers you only if you are traveling through with no stops except for gas basically. I don't believe that covers you if you stay over a night. Once you stop for something nonessential state regs take over.

That is my interpretation of it. If someone knows different please speak up.

^ I also understand it this way. ^

Spend the night somewhere else. No need to hit SC on the way to FL. You're GTG in every other state on the way. Be aware of CC laws as mentioned, not all states allow it.

I am not a lawyer, but I'll talk about this a little bit.

Here's the statute to which I'll add some emphasis.

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.

In my completely NOT A PROFESSIONAL opinion, this would mean that you would be able to stop for the night in a state that doesn't let you carry the weapon but wherein also you may possess it. The justification is that if you are allowed to possess the firearm within the hotel room, or in the home of the person you're visiting en route that night, then the statute applies to get you into that room and out of that room.

Even under my interpretation of the law (again, not a lawyer), I would not see the statute as applying in states that have bans on standard-capacity magazines which hold more than 10 rounds since you may not legally possess such weapons in those states.

It is always up to you to make your own decision. Just food for thought.

 

[mk2ja]

just out of curiosity, what would happen if a shirt came up over the gun and the carrier did not notice it? any info on this.

Florida Statute for Improper Exhibition of a Firearm or Weapon

Improper Exhibition Of A Firearm Or Oher Weapon

Brandishing under Open Carry law

Florida tried to change that last session, but failed. There were bills introduced that would have legalized open carry. The NRA, however, endorsed different bills that merely sought to make it okay for people whose weapon accidentally was revealed. The pro-gun votes were split, and none of the bills passed into law.

An example of one of the bills that failed to pass
‘Open Carry’ Gun Bill Clears Senate Committee « CBS Miami

An explanation by a Florida resident and original member (co-founder?) of a group called Florida Carry
Sharp as a Marble - As of now, no Open Carry for Floridians

 

[opus1776]

I drive to Colorado usually each year, and in IL and KS I have to stop before entering, unload and put my Glock in the back of my Jeep. (sigh)

Grogie,

You can get an AZ non-res permit that would let you carry in KS....



======================================
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You can NEVER be too rich or too thin.
Life is not a journey, but a series of unplanned detours...
Perfection: is not a goal---it's a demanded expectation.

 

[74J10]

I am not a lawyer, but I'll talk about this a little bit.

Here's the statute to which I'll add some emphasis.



In my completely NOT A PROFESSIONAL opinion, this would mean that you would be able to stop for the night in a state that doesn't let you carry the weapon but wherein also you may possess it. The justification is that if you are allowed to possess the firearm within the hotel room, or in the home of the person you're visiting en route that night, then the statute applies to get you into that room and out of that room.

Even under my interpretation of the law (again, not a lawyer), I would not see the statute as applying in states that have bans on standard-capacity magazines which hold more than 10 rounds since you may not legally possess such weapons in those states.

It is always up to you to make your own decision. Just food for thought.

Also not a lawyer, but to me it sounds like you are proposing to use the interstate transport law to get you to a hotel/house whatever, then prevailing local law to possess the gun while staying over night, then back to interstate transport law to get to the next state/hotel whatever. This might be legal but you are NOT using the interstate transport law.
This requires you to do your research on the local laws. I rely in the interstate transport law to go west and there I stop before the state line, fill up the truck and unload the guns and drive through Illinois. I don't stop till I hit Missouri or Wisconsin. That is how I interpret the interstate transport law to be used. I don't believe Illinois has any provision for me to possess a gun in the state in any local laws, I must rely on only the federal law to travel through.

Sorry that was longer then planned. I agree, it might be legal but don't rely on the interstate transport law, check local laws also. Not a lawyer, not an expert, just my opinion.

 

[Reno316]

I fail to see how you could go wrong with the gun unloaded, locked in a case, and locked again in the trunk of your vehicle.

SC cops are pretty reasonable folks in my experience (lived in the South for a while, had some interaction with SC cops.) If you explain the situation ("I'm staying the night on my way to Florida") and what you've done to secure your firearm, I can't imagine they'd give you any grief.

 

[OWGEM]

When ever I travel out of state I go to Handgunlaw.us and thoroughly read the laws of the states I am traveling through. I advise you do the same.

Under SC / RV/Car Carry Without A Permit/License / it states "Anyone who can legally own a firearm can carry it loaded if contained in a closed Glove Box, Console or Trunk. Their law is very specific on the only locations where it can be carried. "

It is up to you to read up on all the other laws that might apply to your trip. Good luck.

 

[KW730]

Also not a lawyer, but to me it sounds like you are proposing to use the interstate transport law to get you to a hotel/house whatever, then prevailing local law to possess the gun while staying over night, then back to interstate transport law to get to the next state/hotel whatever. This might be legal but you are NOT using the interstate transport law.
This requires you to do your research on the local laws. I rely in the interstate transport law to go west and there I stop before the state line, fill up the truck and unload the guns and drive through Illinois. I don't stop till I hit Missouri or Wisconsin. That is how I interpret the interstate transport law to be used. I don't believe Illinois has any provision for me to possess a gun in the state in any local laws, I must rely on only the federal law to travel through.

Sorry that was longer then planned. I agree, it might be legal but don't rely on the interstate transport law, check local laws also. Not a lawyer, not an expert, just my opinion.

Technically you are NOT using the federal law either, since it is perfectly legal to transport a handgun inside of Illinois, as long as you stay out of Cook County. I always interpreted the law the same way that mk2ja does.

@OP: Use handgunlaw.us and find out the legal way to transport the firearm, then comply with that. Don't worry about the peaceable journey law.

(9) a person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver’s license, registration, or proof of insurance;

From http://www.sled.sc.gov/SCStateGunLaws1.aspx?MenuID=CWP#1

 

[mk2ja]

And then whatever you do, AVOID LEO INTERACTIONS!!