Brian Enos's Forums... Maku mozo!: New job, gotta move. Transportation question - Brian Enos's Forums... Maku mozo!

Jump to content

Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

New job, gotta move. Transportation question Thru states and stopping for rest

#1 User is offline   dkleskiw 

  • Finally read the FAQs
  • PipPip
  • Group: Classified
  • Posts: 60
  • Joined: 03-January 09
  • Gender:Male
  • Location:Sedalia, MO

Posted 08 November 2009 - 05:58 PM

I've read the Federal Law (or at least what the NRA has online) and based on that I'm legally allowed to travel with firearms from where I currently live to where I am going to live. I will have long guns in the bed of the truck (locked), ammo in the Uhaul (locked) and pistols in locked travel cases within the cab. All weapons will be unloaded without any mags or ammo in the cases.

It's about 1,000 mile trip and my brother is about 200 miles into the drive. The plan is to leave WNY in the late morning, stop at his house mid-afternoon and stay for the evening. Play with my nephews and finish the trip the following day leaving very early in the morning (4am or earlier). The kicker is that I cannot find laws for that specific county online.

The law states "Necessary stops, like gasoline and rest, seem permissible." How long is 'rest'? No longer than 24 hours?

Now I understand that if I drive normal, don't speed and don't cause trouble, I should be ok. But I want to be educated for the worse case. The rest question is really the only one I have. For now...

If it matters...I'll be driving thru NY, PA, OH, IN, IL, MO

Thanks,
Darren
"He who stops being better, stops being good." - Oliver Cromwell

#2 User is offline   Caspian_45 

  • Suprisingly good show...
  • PipPipPipPipPip
  • Group: Classified
  • Posts: 589
  • Joined: 29-December 02
  • Location:Westfield, IL

Posted 08 November 2009 - 06:19 PM

You are good to go in IL. Just stay out'a Chicago (Cook County).

I'm gonna say you will not have any trouble in of the states listed. We do it all the time going to matches and staying over night. Make sure to park your trailer in a spot with cameras or where it will be less likely to get broke into. If you need to stop in IL I live 10 miles off I-70 at the Casey exit (129).
Tony

#3 User is offline   j1b 

  • Barnestormer
  • PipPipPipPipPip
  • Group: Classified
  • Posts: 1,904
  • Joined: 17-October 01
  • Gender:Male
  • Location:Western Pennsylvania

Posted 08 November 2009 - 06:25 PM

Only issues I'm aware of are NY, I believe there would be challenges with the handguns, however you likely already know that.

Jack
"In the confrontation between the stream and the rock, the stream always wins . . . not through strength but by perseverance" H. Jackson Brown

"If a picture is worth a thousand words, than an experience is worth a thousand pictures" Unknown

"The goal is not to be the best of the best, but to do what only you can do" Jerry Garcia

#4 User is offline   Jim Norman 

  • The BIG Kahuna
  • PipPipPipPipPipPipPip
  • Group: Classified
  • Posts: 3,316
  • Joined: 21-August 03
  • Gender:Male
  • Location:Hillsborough, NJ

Posted 08 November 2009 - 06:28 PM

NY shouldn't be a problem as he is currently a resident and should be in compliance. He will be in transit.

However I am not and have never played even on TV, a lawyer.

Jim
If ignorance is bliss...Why aren't more people happy?

When you look back on your life and think 'If Only" remember this, if you had done it differently, you would still be looking back and wondering "What If?" but only about different things

I'll Keep My Guns, Freedom, & Money...

Experience is something you normally get right after you need it.......

#5 User is offline   Flexmoney 

  • All Seeing and All Knowing Eye
  • PipPipPipPipPipPipPip
  • Group: Admin
  • Posts: 29,623
  • Joined: 02-May 01
  • Location:Ohio (Columbus, McConnelsville)

Posted 08 November 2009 - 06:30 PM

Ohio - No ammo in mags. Nothing "ready at hand", unless you are legal for CCW in Ohio.
Amber Lamps...bring'um.


Keep our city clean and safe. Do your part.

#6 User is offline   Rennie 

  • Finally read the FAQs
  • PipPip
  • Group: Classified
  • Posts: 55
  • Joined: 21-February 07
  • Gender:Male
  • Location:Rochester, Indiana

Post icon  Posted 08 November 2009 - 06:39 PM

I have moved long distance several times and use a rental truck with the "over cab" storage area then pack all the guns up in the loft and pack everything behind it.Its outta sight and inexcessable.

I am not a legal expert but this has worked for me so far.......Rennie.
USPSA L1611

#7 User is offline   dkleskiw 

  • Finally read the FAQs
  • PipPip
  • Group: Classified
  • Posts: 60
  • Joined: 03-January 09
  • Gender:Male
  • Location:Sedalia, MO

Posted 08 November 2009 - 06:40 PM

If the mags and ammo are in the locked Uhaul trailer behind my truck....do they have to be unloaded there? I would think that's ok?

I would have to unpack everything to double check. Would take some time...but I'd do it if I had to. I don't leave for another week or so.
"He who stops being better, stops being good." - Oliver Cromwell

#8 User is offline   Calmwater 

  • Sees Sights
  • PipPipPipPip
  • Group: Classified
  • Posts: 277
  • Joined: 30-January 08
  • Gender:Male
  • Location:Belleville, Illinois

Posted 08 November 2009 - 06:46 PM

In Illinois, at least outside of Chicago, if your mags and ammo are separate from your guns, you should be good to go. The big issue is if the guns and ammo are accessible in the vehicle. Guns should be cased. I can't imagine anywhere in the midwest stricter than here. Have a safe trip and I hope you are happy at your new job.
a61461 So you all can see I don't know what I'm talking about........

#9 User is offline   Nik Habicht 

  • Voice of Reason
  • PipPipPipPipPipPipPip
  • Group: Moderators
  • Posts: 9,675
  • Joined: 03-May 01
  • Gender:Male
  • Location:Levittown, PA

Posted 09 November 2009 - 12:02 AM

There is at least one state that treats loaded mags as a loaded gun....

Unloaded would be best.....
Nik

You're shooting Steel like an A class shooter. Why are you shooting the Paper so slowly? ---- Dave Marques, Production Nationals, 2005

This is a game of high-speed precision. If you don't precisely plan what you want to happen, there's not much chance that it will. ---- Brian Enos, 2004

#10 User is offline   Rob Boudrie 

  • Area 7 Director
  • PipPipPipPipPipPip
  • Group: Classified
  • Posts: 2,349
  • Joined: 09-January 02

Posted 09 November 2009 - 05:13 AM

Quote

he law states "Necessary stops, like gasoline and rest, seem permissible." How long is 'rest'? No longer than 24 hours?


No, the law does not the state this. The law states "Continuous and uninterrupted journey". There is no universal clear court precedent that established that necessary stops are acceptable.
Posted Image
Feb. 2006

#11 User is offline   Graham Smith 

  • Beyond it All
  • PipPipPipPipPip
  • Group: Classified
  • Posts: 1,630
  • Joined: 05-July 07
  • Gender:Male
  • Location:Wilmington, Delaware

Posted 09 November 2009 - 06:29 AM

With everything locked up, you should be OK, but if you want to be paranoid about it, remove bolts and break down pistols and put the parts in different containers.

As far as stops, spending a couple days at your cousins house to visit would not be a good idea, but an overnight stop almost anywhere should be considered reasonable.
"For every expert there is an equal and opposite expert.", Arthur C. Clarke (1917 - 2008)
“Time flies like an arrow; fruit flies like a banana.”, Groucho Marx (1890 - 1977)

#12 User is offline   BlackBuzzard 

  • Sees Target
  • PipPipPip
  • Group: Classified
  • Posts: 212
  • Joined: 01-November 05
  • Location:Southeast, PA

Posted 09 November 2009 - 07:05 AM

Its all an exercise in probability of certain bad things happening.

I think you are at greatest risk of someone raiding your uhaul trailer at night.

So I suggest bringing the iron inside overnight.

Also refresh yourself on your rights during traffic stops, etc.

Especially the "do you mind if I search your vehicle" approach.




BB

This post has been edited by BlackBuzzard: 09 November 2009 - 07:06 AM


#13 User is offline   ogiebb 

  • Beyond it All
  • PipPipPipPipPip
  • Group: Classified
  • Posts: 1,126
  • Joined: 26-November 03
  • Gender:Male
  • Location:Shooting Paradise, AZ

Posted 09 November 2009 - 10:45 PM

IF you are passing by NYC be sure to blend in very well with the traffic.....NYC does not honor any Firearms License from any state or even the next county (nassau) <_< you can just imagine how bad it will be if you get pulled over
"Sometimes just Sometimes........ Round People can run"

#14 User is offline   dkleskiw 

  • Finally read the FAQs
  • PipPip
  • Group: Classified
  • Posts: 60
  • Joined: 03-January 09
  • Gender:Male
  • Location:Sedalia, MO

Posted 10 November 2009 - 03:09 PM

Thanks everyone for posting.

The more and more I think about stopping, the more and more I've decided to just drive it all in one shot. It's only 15 hours.

I'm probably just paranoid, but I'd feel better about it. Which is all that matters.

Probably leave 3am or so and get 'home' around 7pm or so. I only have to do it once....
"He who stops being better, stops being good." - Oliver Cromwell

#15 User is offline   Caspian_45 

  • Suprisingly good show...
  • PipPipPipPipPip
  • Group: Classified
  • Posts: 589
  • Joined: 29-December 02
  • Location:Westfield, IL

Posted 10 November 2009 - 04:26 PM

You're welcome to crash here if you need. I'm just inside the IL boarder. PM me for ph# and directions if you want. I'm in the country and NOBODY comes around my house day or night without me and the 2 dogs knowing about them.
Tony

#16 User is offline   Charles Bond 

  • A6 Director
  • PipPipPipPipPip
  • Group: Classified
  • Posts: 1,017
  • Joined: 16-January 05
  • Gender:Male
  • Location:Warner Robins, GA

Posted 10 November 2009 - 06:21 PM

I think you will find what you need here http://www.nraila.or...Read.aspx?id=59. Please remember tha tthe federal statute cited serves as a "defense" to the law of any jurisidiction in which you pass. And if you think that the local law enforcement officer who might stop you will understand this, boy are you in for a shock.

Here are my specific recommendations:

1. Get all the NRA or shooting related decals or stickers off of the vehicle.

2. Put all the guns in locked containers in the uhaul trailer in the front and then pack the rest of the stuff in. At this point you are good to go with no question that they are "accessbile". Putting ammo and firearms in the same part of the transporter is OK as long as the guns are unloaded and in locked cases. Putting it in locked containers in tthe trunk is OK. Putting it in the cab of the vehilce in a locked container is OK -------ONLY--------- if there is no trunk or trailer. If you are worried about the trailer being burglared, leave it hooked to your travel vehicle and back the rear doors up to a wall.

As a side note here there is a US Supreme Court decision that states that if it is in a vault of some kind with a combination lock you have a higher expectation of privay and they would have to have a warrant. The lesson is to take your safe if yoiu have one, put it on its back in the uhaul, wrap up the guns and lock them therein. Ther is not going to be probable cause for a warrant to issue unless you give them some.

3. Stopping for the night apppears OK. A recent NY case involved a guy who went to the match and then diverted to see a family member 2 hours out of the way (I think he went due west rather than south toward his home). He lost because he was not in direct transit. Stopping is OK. You do not have to go in the fastest or shortest course. You are allowed reasonable rest.

4. If you are stopped by LE, do not volunteer anything. If you are asked if you have weapons, say "Why are you asking?" He will tell you something about the problems with weapons. Then say, "Yes I have heard about that problem". If he asks you again say "Do you have any reason to believe I am in illegal possession of any weapons". If you asks you again, reapeat that question. You can then say, "officer am I free to go?" If he tells you yes, leave. If he tells you "no" you are being detained and are considered under arrest and should invoke your 5th amendment rights. To invoke 5th amendment rights simply say "Well if you are detaining me I hereby invoke my rights under the 5th amendment" and that includes the right to say not another thing which may be hard to do but necessary.

5. Best defense is to not get stopped. Second best defense is to have kids that will scream on demand and talk about needing to potty when you are pulled over. If you do not have any kids, rent some. Third best move is the wife who can boo hoo convincingly and say she is worried about her dad just diagnoised with the big C. Idea is to make the cop feel so bad for you he just lets you go on your way and does not even think to ask you anything.

#17 User is offline   dkleskiw 

  • Finally read the FAQs
  • PipPip
  • Group: Classified
  • Posts: 60
  • Joined: 03-January 09
  • Gender:Male
  • Location:Sedalia, MO

Posted 24 November 2009 - 02:30 PM

For those curious, I drove it in one day. 950 miles, driven in about 14.5 hours plus about 1 hour for gas and such. I left Buffalo at 2:30am...and not soon after I got into Sedalia some nice folks from work showed up to help me unload.

I didn't have a bed, couch, or TV, but I had a gun safe. I have my priorities right...

Overall it was an easy drive. The hardest hours were the first few. Once the sun came up it was nice.

Start work on Nov 30, can't freakin wait!
"He who stops being better, stops being good." - Oliver Cromwell

#18 User is offline   Hank Ellis 

  • Calls Shots
  • PipPipPipPipPip
  • Group: Classified
  • Posts: 770
  • Joined: 12-November 03
  • Location:Port Allen, Louisiana

Posted 24 November 2009 - 07:37 PM

Here's a link to a site I use primarily for CCW reprocity however it also deals with interstate transportation of firearms in general. http://www.handgunlaw.us/ Hit the "RV/Car Carry" button at left for more information.

Good luck on your new gig.
A mind is like a parachute. Neither functions properly unless fully opened.
My name is Hank and I'm an IPSC shooter.

#19 User is offline   Chills1994 

  • Beyond it All
  • PipPipPipPipPip
  • Group: Classified
  • Posts: 1,981
  • Joined: 09-March 05
  • Gender:Male
  • Location:Some cornfield, People's Rep. of IL

Posted 24 November 2009 - 07:45 PM

Hmmn... :unsure: let me guess... you are going to go work for the Sierra Bullet Company?

Or Federal/ATK?

If so, can you hook me up with some Sierra Match Kings, cheaply??? :roflol:

Congrats!
___________________________________________________________________________

Why aren't you dry firing right now?

Captain for Team Flip-N-Catch. I'll be the guy wearing my hat backwards. :-P

#20 User is offline   dkleskiw 

  • Finally read the FAQs
  • PipPip
  • Group: Classified
  • Posts: 60
  • Joined: 03-January 09
  • Gender:Male
  • Location:Sedalia, MO

Posted 24 November 2009 - 08:58 PM

uh.... :unsure: ....maybe....

:cheers: (Sierra Bullets) :cheers:
"He who stops being better, stops being good." - Oliver Cromwell

Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

1 User(s) are reading this topic
0 members, 1 guests, 0 anonymous users