Transporting firearms

[uintafly]

Hey all,

This weekend I will be traveling from Utah to Kentucky and plan on bringing my Beretta 92 handgun. Does anyone know the laws in Indiana and Nebraska for out of staters transporting guns? I have no intention of carrying either concealed or open. I will have it unloaded, in a case with a trigger lock. I was most worried about Illinois so I emailed the state police and got verification that I was kosher. I know I am good in Wyoming and Kentucky but can't find anything official for Nebraska and Indiana, though I did send emails yesterday to both. From what I can find I seem to be good in Nebraska except for possibly Lincoln, where we are staying in a hotel 1 night. Anyway, any help is appreciated.

[cpet]

http://handgunlaw.us/

[uintafly]

Grit dog wrote:
Why even bother taking it if it's unloaded and locked up???
Be like taking a spare tire with no air in it. Looks like a tire just won't function as one.

I'm not taking it for defense purposes. Taking it to go out and target shoot with family when I get there. I can easily unlock it and load it when I get there. 🙂

[Grit_dog]

Why even bother taking it if it's unloaded and locked up???
Be like taking a spare tire with no air in it. Looks like a tire just won't function as one.

[uintafly]

2012Coleman wrote:

but can't find anything official for Nebraska and Indiana

And your not going to find anything official on RV.net. Links to PDF from helpful members are great, but they could be outdated. I'd wait for an email response, and bring copies of all correspondence with you.

This is true, which is why I sent the emails originally. That being said, there is still a lot of very useful info on the web, not to mention interesting reading. Growing up in Utah, sometimes I take it for granted how unrestrictive we are concerning guns. I personally have never felt the urge to conceal carry so never got a license for it, but I think now I will. Reading through the various state statutes it sure can make life a little easier in some states.

I'm really not worried about it at this point, based on the emails I have received I think I am not breaking in law, not to mention the likelihood of anyone even knowing I have the gun is almost too small to warrant the steps I have taken.

[Wadcutter]

Mr.Beebo wrote:
In Il, for example, you can transport the unloaded gun in the center console, the magazine in the glove box.

For Illinois:
There is an exception for someone who has a valid concealed carry permit from their home state. For such people a loaded firearm may be carried concealed in their vehicle.
430 ILCS 66/40(e)

Mr.Beebo wrote:
Having the police searching you luggage or going thru your trunk means you either gave them permission of they had reasonable cause to keep you on the side of the road while a judge granted a search warrant.

1) There's "reasonable suspicion" and "probable cause" which are 2 separate legal actions. Reasonable suspicion is a less level of proof than probable cause and can be based on information observed by the officer which in their experience and training may lead them to believe a crime is or about to be committed. Reasonable suspicion is all that is needed. Only people unfamiliar with the differences try combining the 2 terms.
2) Vehicle searches don't always require a judge to grant a search warrant. Read Carroll v US and US v DiRe which are US Supreme Court rulings for motor vehicle exceptions not requiring search warrants. Because of the mobility of vehicles warrantless searches can be conducted.

Mr.Beebo wrote:

Most folks here will be helpful, however remember to use facts over opinions and printed law before a webpost. Safe travels.

That is true. It will keep people from posting erroneous information about the law and searches.

[Mr_Beebo]

In Il, for example, you can transport the unloaded gun in the center console, the magazine in the glove box. This is coming from one living in this godforsaken state. Having the police searching you luggage or going thru your trunk means you either gave them permission of they had reasonable cause to keep you on the side of the road while a judge granted a search warrant.
Most folks here will be helpful, however remember to use facts over opinions and printed law before a webpost. Safe travels.

[2012Coleman]

but can't find anything official for Nebraska and Indiana

And your not going to find anything official on RV.net. Links to PDF from helpful members are great, but they could be outdated. I'd wait for an email response, and bring copies of all correspondence with you.

[04fxsts]

www.handgunlaw.us is your friend. The web site gives you not only the most up to date information but also gives links to each states official web site. Another thing to be aware of there are some states that consider a loaded magazine a loaded gun, even if no gun is present. I don't go places where I cannot take my firearm. Jim.

[Dave_H_M]

I kinda sounds like you are just buzzing thru in an auto and not in any kind of camping mode?

If this has to do with RVing, my hog leg stays in the camper, loaded when I am on the road.

When my concealed carry comes thru, my buddy "Sig" will be in the console, loaded. there is an app for the smart phone that will give you a cross reference on what states honor your parent state concealed carry.

So, I can plan ahead on which states the heat has to ride in the camper.

[spoon059]

To the OP, I would suggest you reach out to police in every state you are intending to visit and PRINT OUT THEIR RESPONSES TO YOU. Seeking legal information on the internet is sketchy at best. None of these people are going to testify for you at a trial if you need. If you have an email from the State Police stating XYZ and then you get arrested in that state, you have a much better chance beating he charges if you can produce documentation that you reached out to state law enforcement and received information that you believed to be true.

That being said, I would only have the gun in the car during the day. Even then, the gun would be dis-assembled and nowhere near ammo. If a police officer ever asked, I would be 100% forthright with them. Whenever you get to a hotel, I would immediately transfer the gun to the safe in the hotel room so I didn't have it in the car if not necessary.

[kennethwooster]

It is sad what is going on in this country. I keep a gun with us in trailer or vehicle, but there are places I would not take it. You should be fine.

[hammer21661]

It's a shame the OP even felt the need to ask this question. Good luck,Don't do anything stupid.

[Wadcutter]

RGar974417 wrote:
There is a federal law called the interstate safe passage firearms act.It allows transportation anywhere as long as the firearm is not immediately accessible and the ammunition is kept seperately from the weapon..

There's a lot more to the federal law than what you provided.
It's called the Firearm Owners Protection Act 18 USC 926A
To legally transport the firearm the person
1) has to legally possess the firearm where the start.
2) legally possess the firearm at their destination
3) the firearm has to be in a case, unloaded, and in accessible to the occupants of the vehicle.
Subsequent court rulings has included:
4) the travel from start to destination has to be a direct route.
5) the only stops allowed along the way are incidental necessities to the travel, ie, can't be stopping to visit enroute.

RGar974417 wrote:
Problem is,alot of police don't know about this law and you may get arrested anyways although if you follow the law you will be released or aquitted.

No, the real problem is someone who has heard of it but doesn't really know what it involves and spreads erroneous information.

[Geocritter]

It’s interesting, I found a book recently that I purchased in 1955 from the Weekly Readers Book Club while in grade school. The two kids in it go to their uncle Emmett’s MT sheep ranch and the first thing uncle Emmitt does is arm them with a .22 rifle to shoot gophers. Later in the book they purchase a Savage hi-powered rifle and ship it to their Dad whose recovering in a San Francisco hospital from wounds suffered in Korea. Their Dad writes back how he keeps the gun in his hospital room and proudly shows it to all the doctors and nurses that stop by. In addition, my late wife used to collect Nancy Drew books, in one of the books Nancy finds herself planning to visit a person she’s intimidated by. Her attorney father can’t go with her but hands her his revolver to take with her for self-protection.

Back in the early 1960’s I used to walk through my village (in IL of all places) carrying a shotgun or rifle on my way to go pheasant or squirrel hunting. The only time I was ever stopped by the police was when they wanted information about good places to go hunting.

The good old days weren’t perfect but at least we didn’t live with the paranoia that we live with today. Guns were recognized for what they were, tools and the danger came not from the tool (be it a gun, or a knife, or a hammer, or an axe, or a bat) but from the person holding that tool.

My how evolved we are these days…

[uintafly]

PastorCharlie wrote:
Guide To The Interstate Transportation Of Firearms

This is an interesting read. It's kind of crazy to think something that is perfectly normal in 1 state is a felony in another. Though I guess that is true with more than just guns.