Let me start of by apologizing now if this has been covered before(searched and found nada). I was wondering on the legality of my topic(minus ever trying to go into New York...I don't have a death wish!! LOL!).

I want to go to a range in Pennsy. I called them, they say it's absolutely legal...but I have to wonder...would they "really know"?

We are talking handgun here...

Does anyone know the deal? Has anyone done this?

Let me start of by apologizing now if this has been covered before(searched and found nada). I was wondering on the legality of my topic(minus ever trying to go into New York...I don't have a death wish!! LOL!).

I want to go to a range in Pennsy. I called them, they say it's absolutely legal...but I have to wonder...would they "really know"?

We are talking handgun here...

Does anyone know the deal? Has anyone done this?

 

Totally legal. There's not even any ambiguity about it.

I do it a couple times a month, i have even transported handguns to local FFL's in PA to sell them to PA residents.

Let me start of by apologizing now if this has been covered before(searched and found nada). I was wondering on the legality of my topic(minus ever trying to go into New York...I don't have a death wish!! LOL!).

I want to go to a range in Pennsy. I called them, they say it's absolutely legal...but I have to wonder...would they "really know"?

We are talking handgun here...

Does anyone know the deal? Has anyone done this?

 

 

there is actually a lot of information that applies to this that was discussed recently.. but to take it a step further.. not just PA.. but you can take your guns pretty much anywhere you want.. providing they are legal to have where you start.. and legal to have where you end up.. and as far as I am aware you simply need to comply with the transportation, and firearms laws of each state.. if you are in compliance with NJ you would likely be in compliance no matter where you go (with the exception of a few places like NY.. I don't know WTH they do there with firearms laws)

there is actually a lot of information that applies to this that was discussed recently.. but to take it a step further.. not just PA.. but you can take your guns pretty much anywhere you want.. providing they are legal to have where you start.. and legal to have where you end up.. and as far as I am aware you simply need to comply with the transportation, and firearms laws of each state.. if you are in compliance with NJ you would likely be in compliance no matter where you go (with the exception of a few places like NY.. I don't know WTH they do there with firearms laws)

I would recommend staying out of NY state with handguns unless you have one of their permits. Their handgun laws are actually worse than ours.

I would recommend staying out of NY state with handguns unless you have one of their permits. Their handgun laws are actually worse than ours.

 

 

that was the response I anticipated, but was not totally sure.. that is why it is SO important to be sure that the state you are passing through does not have laws that prohibit the items you have (handgun, high cap mags, etc..).. lol

that was the response I anticipated, but was not totally sure.. that is why it is SO important to be sure that the state you are passing through does not have laws that prohibit the items you have (handgun, high cap mags, etc..).. lol

 

This is false. Illegal in NY or not, if it is legal where you started, and legal where you are going, then it is legal to go through any of the lower 48 states on your way, provided you are not deviating from where you are going and following the proper transportation laws. It is my understanding that you could even spend the night in NY if you were too tired to continue driving.

This is false. Illegal in NY or not, if it is legal where you started, and legal where you are going, then it is legal to go through any of the lower 48 states on your way, provided you are not deviating from where you are going and following the proper transportation laws. It is my understanding that you could even spend the night in NY if you were too tired to continue driving.

 

I concur. State law does not apply. You are protected by the Firearm Owners Protection Act of 1986

 

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.

This is false. Illegal in NY or not, if it is legal where you started, and legal where you are going, then it is legal to go through any of the lower 48 states on your way, provided you are not deviating from where you are going and following the proper transportation laws. It is my understanding that you could even spend the night in NY if you were too tired to continue driving.

What you are saying is true........ so let me clarify, I was referring to a trip that would end in NY.

 

Before the Federal law, there was no way to legal transport a handgun through NY without their permits. This (and NJ's BS laws) is the reason they enacted the federal law superseding state laws on firearm transport.

that was the response I anticipated, but was not totally sure.. that is why it is SO important to be sure that the state you are passing through does not have laws that prohibit the items you have (handgun, high cap mags, etc..).. lol

 

Yeah guys...NY I definitely knew was a NO GO...but it was other states that were really questionable. Thing I don't understand is..."determining" if I am legally in the right to bring it to another state...ex; in this case PA.

If I understand you guys correctly...I own my gun legally in NJ...PA for example, how do i actually determine it's "legal where I end up"? Federal law superseding state laws is what you guys are stating?

And to go further...I'm talking about not only transporting(not really about "passing thru" a state), but going to a destination(range) and now...shooting the said gun.

 

And BTW...sorry if I seem "overly" cautious but, it kills me that you can have no record lets say(for 44 years existence on this earth), try to go about doing everything exactly right...abide the laws to the best you can educate yourself on the subject, and still end up in a precarious situation.

People do go off the deep end everyday, but...a guys who locks up his weapon, and ammo...situations aren't parallel, but...

Yeah guys...NY I definitely knew was a NO GO...but it was other states that were really questionable. Thing I don't understand is..."determining" if I am legally in the right to bring it to another state...ex; in this case PA.

If I understand you guys correctly...I own my gun legally in NJ...PA for example, how do i actually determine it's "legal where I end up"? Federal law superseding state laws is what you guys are stating?

And to go further...I'm talking about not only transporting(not really about "passing thru" a state), but going to a destination(range) and now...shooting the said gun.

 

Well if it is legal in NJ then it should be legal in PA considering how restrictive NJ is to begin with. But to answer your question based on no specific states, you must look at state laws. It is up to you to ensure your firearm is legal where you bring it. It is really no different then making sure your firearm is legal where you live. What I was referring to earlier was when passing through a state. If you are going to a state directly, check that states laws. If it is legal there, then you are good.

 

So here is what you do in your situation.

 

Make sure your handgun is unloaded.

 

Put it in your cars trunk. Lock the trunk

or

Put it in a locked case (closed and fastened case, gunbox, securely tied package) in someplace other than your glovebox, and separate from your ammo.

 

Drive to said range, only stopping for fuel/food as necessary.

 

Once at range follow the range rules and have fun shooting.

 

If you have a PA carry permit or another permit with reciprocity you could technically stop in PA, and load and carry your firearm and carry it on you on your way to the range in your car. These are the only states PA will recognize.

 

Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wyoming

As far as I know, anything you own in NJ is legal to bring to PA and use there. NY whole different story.

This is false. Illegal in NY or not, if it is legal where you started, and legal where you are going, then it is legal to go through any of the lower 48 states on your way, provided you are not deviating from where you are going and following the proper transportation laws. It is my understanding that you could even spend the night in NY if you were too tired to continue driving.

 

I concur. State law does not apply. You are protected by the Firearm Owners Protection Act of 1986

 

text

 

thank you for clearing that up.. I stand corrected..

Yeah guys...NY I definitely knew was a NO GO...but it was other states that were really questionable. Thing I don't understand is..."determining" if I am legally in the right to bring it to another state...ex; in this case PA.

If I understand you guys correctly...I own my gun legally in NJ...PA for example, how do i actually determine it's "legal where I end up"? Federal law superseding state laws is what you guys are stating?

And to go further...I'm talking about not only transporting(not really about "passing thru" a state), but going to a destination(range) and now...shooting the said gun.

 

And BTW...sorry if I seem "overly" cautious but, it kills me that you can have no record lets say(for 44 years existence on this earth), try to go about doing everything exactly right...abide the laws to the best you can educate yourself on the subject, and still end up in a precarious situation.

People do go off the deep end everyday, but...a guys who locks up his weapon, and ammo...situations aren't parallel, but...

 

 

In your specific example....going to/from a range is an exception in both NJ and PA for having a gun in a vehicle without a permit. So you're good to go. The only ammo restrictions in PA is "armor piercing". We don't have any large magazine restrictions.

I concur. State law does not apply. You are protected by the Firearm Owners Protection Act of 1986

 

 

Well that was just one of the reasons Brian Aitken got put in jail because the judge said FOPA did not apply in his case.

Well that was just one of the reasons Brian Aitken got put in jail because the judge said FOPA did not apply in his case.

 

I think that the reason it did not apply was two fold..

 

* when he was stopped he was going from NJ to NJ

* his new residence was NJ making the high capacity mags illegal

I think a lot of people are making the ny thing confusing.

 

Driving through ny, say on your way to Vermont is ok

 

Driving to ny to a range in ny is not ok.

 

Is that correct? Can we get a consensus on this

I think a lot of people are making the ny thing confusing.

 

Driving through ny, say on your way to Vermont is ok YES

 

Driving to ny to a range in ny is not ok. YES

 

Is that correct? Can we get a consensus on this

 

In NY handguns are illegal for non residents. You can have no legal destination inside of NY state unless you are an Olympic shooter or going to an NRA sanctioned meet that you are enrolled in and have the paperwork to prove it. Because you have no legal destination FOPA does not offer you any protection.

If you don't have a PA LTCF or a license/permit to carry from another state, you will find that vehicle handgun transport laws in PA are nearly identical to NJ vehicle handgun transport laws. Transport in PA as you would in NJ and you will be fine. You can OC without a license in PA, but the vehicle transport laws are almost the same as NJ. You can't transport to your girlfriend’s house or to a mall just because you can OC when you get there. And you can't go to a range and then go to a girlfriend's house or the mall. Just go to the range or get a Florida etc. permit to be covered for unlimited transport.

 

The remainder of my response is not directed to the OP, just to people that think they can skirt the fringes of the law. Because I've heard about people putting these arguments together over and over again.

 

FOPA has nothing to do with handgun transport between NJ and PA. It only applies to intervening states. While in either state (origin and destination) you must be transporting for a legal and justifiable reason under the law of the state you are snagged in by the cops. Some will say this is incorrect. Some will say any time you plan to cross a state line you can transport a handgun at will. There is always the possibility that these people are correct. It is also legal to shoot people in self-defense in public areas. Expect that magnitude of legal nightmare plus having to appeal to federal courts on top of it if you hang your hat on FOPA for simply crossing a state line when you are illegally transporting in one or both states of origin and destination.

 

Always remember the first two questions asked by LEO:

 

1. Do you know why I pulled you over?

2. Where are you headed?

 

If you answer “A gun range in PA” to the second question then whatever happens, happens.

 

If you answer “I’m going to see my mom” to the second question then if the cop determines you have a handgun you will be going to jail with no defense.

 

If you refuse to answer, then you’ll probably get off in the end, but who knows. And I hope you don’t have any plans for the weekend.

 

Which answer will you choose?

 

Always remember the first two questions asked by LEO:

 

1. Do you know why I pulled you over?

2. Where are you headed?

 

 

The answer to question #1 should always be: "NO" (or in the least don't actually say what you did wrong if you know you're busted)

This question is asked only to get you to admit guilt should you decide to challenge any possible violations in court.

 

I would answer question #2 by saying simply "PA"

If the police push the issue further and ask for what purpose I would say "for recreational activities" and leave it at that.

 

You can't lie to the police, but there is no requirement to tell them any more than they really need to know.

The answer to question #1 should always be: "NO" (or in the least don't actually say what you did wrong if you know you're busted)

This question is asked only to get you to admit guilt should you decide to challenge any possible violations in court.

 

I would answer question #2 by saying simply "PA"

If the police push the issue further and ask for what purpose I would say "for recreational activities" and leave it at that.

 

You can't lie to the police, but there is no requirement to tell them any more than they really need to know.

 

I like that. I didn't know you could not lie to the police. Perhaps that's an NJ thing. Still, I wouldn't do it anyway. PA law lists filing false police reports and written statements as offsenses. Never heard of anybody charged with lying to police and the question comes up from time to time.

The answer to question #1 should always be: "NO" (or in the least don't actually say what you did wrong if you know you're busted)

This question is asked only to get you to admit guilt should you decide to challenge any possible violations in court.

 

I would answer question #2 by saying simply "PA"

If the police push the issue further and ask for what purpose I would say "for recreational activities" and leave it at that.

 

You can't lie to the police, but there is no requirement to tell them any more than they really need to know.

 

I don't think many cops would be satisfied with "recreational activities"... questions 3. What KIND of recreational activities?

I don't think many cops would be satisfied with "recreational activities"... questions 3. What KIND of recreational activities?

 

I do not mind police doing their jobs.. but I do not believe you are under any obligation to tell them anything.. if a cop started to ask me where I was headed and other irrelevant personal information I might be motivated to inquire as to why he is asking me so many questions.. I dont like to be asked where I am going.. where I came from.. cops ask that nonsense when they are fishing.. unless I have broken the law and my origin or destination is relevant.. I dont really know that they even have the right to ask questions like that..

You can't lie to the police, but there is no requirement to tell them any more than they really need to know.

 

I have to call BS on this one. I don't believe anywhere in NJ law does it say you cannot lie to the police. In fact, in my Utah CCW class, the instructor told us we should lie to the police in NJ if they ever ask the question, "Do you have any firearms in the car?", since lying to the police isn't a crime.

 

And in the event that I'm wrong, please post the actual law that states that not only is it a crime, but what the punishment is for violating it.

I have to call BS on this one. I don't believe anywhere in NJ law does it say you cannot lie to the police. In fact, in my Utah CCW class, the instructor told us we should lie to the police in NJ if they ever ask the question, "Do you have any firearms in the car?", since lying to the police isn't a crime.

 

And in the event that I'm wrong, please post the actual law that states that not only is it a crime, but what the punishment is for violating it.

I'm not a cop or a lawyer, but trying give a cop a false name and see what that gets you. I'm sure some of the LEO's on the forum will chime in.

I don't think many cops would be satisfied with "recreational activities"... questions 3. What KIND of recreational activities?

At that point I would say I would not like to answer any more questions.

I'm not a cop or a lawyer, but trying give a cop a false name and see what that gets you. I'm sure some of the LEO's on the forum will chime in.

 

I didn't say anything about a false name. I believe in almost every state in the union you are required to identify yourself to law enforcement, but most times you aren't required to actually show ID. I simply said it's not a crime to lie to them when they ask you questions. And if it is, I want to see the statute.

I have to call BS on this one. I don't believe anywhere in NJ law does it say you cannot lie to the police. In fact, in my Utah CCW class, the instructor told us we should lie to the police in NJ if they ever ask the question, "Do you have any firearms in the car?", since lying to the police isn't a crime.

 

And in the event that I'm wrong, please post the actual law that states that not only is it a crime, but what the punishment is for violating it.

 

 

not a lawyer BUT.. I am pretty sure if the officer is conducting an "investigation" you can at any time elect not to answer anymore questions.. but providing false information would likely be viewed as one of those catch all charges like "obstruction of justice" not that that would be the exact charge.. just saying something like that..

not a lawyer BUT.. I am pretty sure if the officer is conducting an "investigation" you can at any time elect not to answer anymore questions.. but providing false information would likely be viewed as one of those catch all charges like "obstruction of justice" not that that would be the exact charge.. just saying something like that..

+1 I don't know either what exactly you can be charged with, but I'm sure the cops will find something to charge you with if you lie to them.

 

I was reading in the paper this morning about a woman who was charged with "Hindering Apprehension" for telling the cops she didn't know where boyfriend was when he was hiding in her house. He was wanted for armed robbery.

 

For the most part you are not required to answer the police's questions, if you think the honest answer will create an issue you can tell the cops: "I don't want to answer that question"

I apologize for possibly hijacking this thread, but I think it pertains to the same subject. I have an additional question. If you have a Florida Non-Resident CCW and let's say I drive to PA to stay for the weekend at my sister's house in PA to go to their local range, would that be legal?