Article 20810 of rec.guns:
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From: [r--ud--e] at [chpc.org] (Rob Boudrie)
Newsgroups: rec.guns
Subject: Traveling with guns...
Message-ID: <[9464 9208310005] at [fishn.chpc.org]>
Date: 31 Aug 92 12:56:23 GMT
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Approved: [gun control] at [cs.umd.edu]


A few pieces of advice for traveling thru states with guns (I won't
re-iterate  FOPA 86 here since it's been discussed at length).

1.  Just because what you're doing is legal doesn't mean you won't
get in trouble, lose your guns, or run up legal fee$.  F'rinstance,
the IL state supreme court ruled that FOPA86 protects the gun owner
from criminal charges, but the police may keep guns confiscated for
this "non crime".  Gun people tend to reply "that's illegal" - maybe,
but that's they way it is out there unless you get the supreme court
to hear the case and win it.

2.  Avoiding the issue is cheap insurance.  This means :
    - No gun stickers on the car
    - No gun clothing on anyone in the car (you can wear the match
      T shirt you got after you get safetly back home)
      [ yes this DOES make a difference - a Mass State trooper asked
      where my guns were when my car was broken down on the way to
      a match while wearing a club shirt ]
    - Gun stuff packed so you can change a tire without the officer
      who stops to help asking quesitons about the ammo cans, etc.
    - Avoiding vanity plates like "COLT45" - if you want a vanity
      plate try something more discrete like DVC.

3.  If the guns are discovered, be polite and use the phrase "I/we
am/are on a continuous and uninterrupted trip from <state> to <state>
which is legal under federal law.".  If the officer does not know
this, ask if you can show him 18 U.S.C 926A (this is on page 28 of
the ATF "red book" - get this by calling the BATF by asking for an
FFL application and information packet, and also covered on age 84
of the same publication).  You should carry this with you when traveling.

4.  Keep the guns and ammo in separate locked containers out of the 
passenger compartment.

5.  If you are on your way to a match, keep a copy of the match 
brochure/registration with you - the officer may be more sympathetic 
to your case if he perceives you as "legit".

6.  Be familiar with state laws allowing you to posess handguns or
whatever in the state you are in.  For example, NYS allows unlicensed
persons to posess guns +-48 hours from recognized matches, but I wouldn't
rely on officer friendly knowing this - it helps to know sections of law
so you can ask them to look it up in the book in the police car (most 
cops carry the state statutes with them).  In Massachusetts, you are 
legal as an unlicensed person transporting a handgun only if you 
fall under FOPA86, have statuatory law enforcement authority, or are
attending a competetion *AND* have a gun permit from another state, or are
a police officer in another state (note: being from a state which does not
require a handgun license does NOT allow you to be covered under this
exemption as if you are a licensee in another state).  Ref MGL 269/131G.

Once they charge you, the machinery can take over and you generally cannot 
stop the process simply by going back to the police with documentation that
you were not breaking the law - a paid attorney must do that for you in 
court...you'll have to pay him/her extra if you want them to try to get the 
arrest record expunged even though you were innocent.  It's possible that
the DA will know the case is bogus, but still use the threat of an 
expensive trial to plea bargain you into pleading guilty to something since
no one likes to go away from the table emtpy handed.


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Anyone who (a) disagrees with any of this advice, or (b) thinks I've
missed something, is invited to post a follow up.

Rob Boudrie
[r--ud--e] at [chpc.org]