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Sunday, February 19, 2017

Gun Blog Variety Podcast #131 - Loaded Conversations with Sanford Man

For once, Florida Man had the day off.
  • Beth is on assignment -- at Gunsite Academy! But she stops shooting long enough to send us a report.
  • Happily for Florida, the Sanford Man who shot someone to death is from Sanford, NC and not Sanford, FL. Sean tells us more about him.
  • Barron is on assignment and will return soon.
  • In the Main Topic, Sean and Erin discuss why Conservatives are from Mars and Liberals are from Venus. Or why their love languages are different. Or something like that.
  • Minorities with guns!!!eleventy!.. but Tiffany says to calm down. Actually, she says a lot of things, but mainly she says that this is a good thing.
  • Do you have to carry a gun out of state? Erin tells you what you need to know
  • Weer'd takes some audio clips from the first three "Loaded Live" podcasts to show you how much these anti-gunners hate you.
  • And our plugs of the week are for our state level gun rights organizations.
Thank you for downloading, listening, and subscribing. You are subscribed, right? We are available on iTunes, Stitcher Radio, and now on Google Play Music!
Listen to the podcast here.
Read the show notes here.
Thanks to LuckyGunner and Remington for their sponsorship, and a special thanks to Firearms Policy Coalition for their support.

Blue Collar Prepping Transcript:

Preparing to Carry Out of State
As I mentioned in the introduction, next month I am visiting Maryland, which doesn’t recognize my concealed carry permit. Because of that, I’m not going to be carrying a firearm during my visit, and it’s a testament to my commitment to the cause that I’m willing to break my rule of never visiting a state that doesn't respect my right to armed self-defense.

But this got me to thinking about all the rules needed to transport carry pistols between states, and because each state’s laws are slightly different, preppers with guns need to be ready for them.

The easiest, most convenient method I’ve found to keep on top of each state’s legal hurdles are through smartphone apps. Legal Heat, available from both iTunes and the Google Play store, is my favorite because it has a very clean, very quick interface that shows me at a glance what the gun laws are in each state -- be they concealed carry, open carry, restricted areas, if signs have legal weight, that kind of thing.

If you’re an Android user, I absolutely recommend it; but if you’re an Apple user, I can’t; what used to be a 99 cent app (and still is on Google Play) is now a yearly subscription for 2 dollars.

If you want a more robust app -- or if you have an iPhone but don’t want to pay a subscription -- I recommend “CCW Concealed Carry 50 State”. It too is $1.99, but it’s a one-time payment instead of a subcription, It has a lot more information, such as a map of which states recognize your permit, if a state has a Duty to Inform law, and a location button which uses your phone’s GPS to find shooting ranges, gun stores, and so forth.

Both apps have information on how to transport firearms across a restricted state in a vehicle, which can be reduced to 6 key points:
  1. You must be travelling FROM a place where you can lawfully possess the firearm TO a place where you can lawfully possess it. 
  2. It must be unloaded. 
  3. Ammunition must be stored separate container from the firearm -- in other words, don’t just drop the magazine and put it next to the firearm. You might be okay with keeping the ammunition in the box you bought it in, but I wouldn’t risk that; I would actually keep the ammunition in an entirely separate and secured container. More on that later. 
  4. Both the ammunition and the firearm cannot be readily accessible from the passenger compartment -- so if you can, keep them in the trunk. If not…
  5. … LOCK the firearm in a hard-sided case and place it as far from you as possible. Please note that the glove compartment or center console does not count as a hard-sided case in this regard. For pistols, I recommend the NV200 Nanovault, a lockable metal box that will hold a full-sized 1911 and only costs $35 on Amazon. For long guns, get a hard case and lock them with a padlock.
  6. Your transport through the state must be continuous and uninterrupted. In other words, “Don’t be a tourist”. It’s unclear to me if stopping to eat is all right, but I sure wouldn’t risk it.*
Post-podcast addendum from my friend Benjamin M. Blatt, Attorney at Law:
Okay, so a few things here.

First the law, the 1986 FOPA, is mostly relevant when used as an affirmative defense. In other words, in states like NJ, NY. or IL, you ARE likely to be arrested, regardless of compliance.

One way to avoid that is to have, in addition to compliant storage, a copy of the 922 sections enacted by the 1986 FOPA, your valid issued carry license/ permit, and where and when applicable, a copy of any registration paperwork.

In general, the federal case law has held that stops incidental to the trip ARE covered by FOPA. - Gas, picking up or dropping off passengers, stopping to eat (briefly - I'd advise against stopping for a 4-course meal just because you're near a 5-star restaurant on your journey), are all considered incidental and are generally protected, though the question may not be answered until you've already been charged.That said, stops NOT incidental ARE not covered. - Swinging by an old friend's house or visiting a girlfriend for a few days, or even getting off the interstate to check out a local brewery, are all outside the FOPA protection.

Now, on to the really sticky one - overnights - The issue of overnights has never firmly been decided upon to a sufficient extent at any higher court level. As such, it is usually a question determined by a state trial or appellate court interpreting federal law as applied to their state's own laws, or by a federal district judge, based on the nature of the criminal charges against you.

If you MUST stay overnight as part of a journey, be prepared to strongly demonstrate that the reason for the stay was to rest in order to be sufficiently alert to travel the next day. Included in that argument for better or worse, is probably going to be some explanation for why you could not power through to cross the border in a non-ban state, because FOPA aside, in many states, so long as the firearm remains secured mere possession by an out of state resident who is not sufficiently permitted is still going to be acceptable. It's states and areas like IL, NJ, NY, and D.C. where non-stop becomes the serious concern.

Staying with family or friends simply because they're in the area is probably not going to be a strong enough argument before a judge on such a contentiously determined issue.

And in any case, make your overnight stay as brief as possible - don't extend it to a morning tourist excursion. - sleep, shower, use the head, grab a light breakfast and vamoose.

Finally, I didn't really mention CA because it would be next to impossible to have a FOPA transit reason through that state, and it's also worth noting that many of the hard ban states, such as MA, NJ, and NY also have strict local municipality statutes to worry about as well as state and local ammunition type and magazine restrictions, the latter two of which are generally applied regardless of FOPA compliance. In other words, even if otherwise travelling under FOPA to the letter. Check the state and local laws on your trip map, and leave the standard capacity and extended magazines, and maybe even hollow point rounds, behind.
If you’re curious about transporting a firearm on an airline flight, I refer you to a post I wrote back in 2014 titled “Travelling With a Gun”, linked in the show notes. There are lots of good pictures in that post.

Also, remember that even if you can’t carry a concealed pistol you may be able to carry a knife. KnifeUp.com has a list of knife laws by state, and there’s even a knife law app you can get -- $1.99 for Android or Apple -- which breaks down knife laws by state and sometimes even by city.

Finally, remember that apps are not considered legal advice, so consult a lawyer if you have any doubts or encounters with the police.


Legal Heat:
CCW - Concealed Carry 50 State ($1.99):
Guide To The Interstate Transportation Of Firearms - https://www.nraila.org/articles/20150101/guide-to-the-interstate-transportation

GunVault NV200 NanoVault - http://amzn.to/2kDldyb

Flying With a Gun - http://lurkingrhythmically.blogspot.com/2014/05/monday-gunday-travelling-with-gun.html

Knife Laws by State - http://www.knifeup.com/knife-laws/

Knife Rights LegalBlade ($1.99):

The Fine Print


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