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Discussion Starter · #1 ·
Introduced by Representative Morgan Griffith (R-VA) and co-sponsored by Representatives Bill Owens (D-NY) and Ted Poe (R-TX), House Bill HR 4269 would make several much needed improvements to the interstate-transportation portion of the Firearm Owners’ Protection Act.
http://monachuslex.com/?p=380
 
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Discussion Starter · #3 ·
Best thing is this:

(c)(1) A person who is transporting a firearm or ammunition may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms, unless there is probable cause to believe that the person is doing so in a manner not provided for in subsection (a).

(2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsection (a).

(3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee.
This should bring states like NY, NJ, and MA to heel, force them to follow the intent of the law, and make it safe for people in northern New England to travel beyond our borders.

Currently, it's too much of a risk to drive into NY or MA from VT, as they treat FOPA as an affirmative defense, bust you anyway, and you're on the hook for the legal fees to defend yourself.
 

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My god this stuff is so hard to read. What does this mean:

‘‘(A) if the transportation is by motor vehicle, the firearm is not directly accessible from
the passenger compartment of the vehicle, and,
if the vehicle is without a compartment separate
from the passenger compartment, the firearm is
in a locked container other than the glove compartment or console, or is secured by a secure
gun storage or safety device; or

‘‘(B) if the transportation is by other
means, the firearm is in a locked container or
secured by a secure gun storage or safety device.
Not even CA requires that it be in a locked container. But I can't figure out if that is only required if it's not in a separate area from the passenger compartment.
 

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It means if you're in a pickup truck you can transport if the firearms is in a locked case.
 

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My god this stuff is so hard to read. What does this mean:


Not even CA requires that it be in a locked container. But I can't figure out if that is only required if it's not in a separate area from the passenger compartment.
You're right, that's pretty ridiculous. Where in your car is a weapon not directly accessible to the passenger? And why does it have to be locked? If you wanted to do a driveby shooting you'd just unlock the case and shoot it. (yes, I know, you don't have to tell me)

All these "feel good" provisions are just encouraging future bad behavior.
 

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My god this stuff is so hard to read. What does this mean:


Not even CA requires that it be in a locked container. But I can't figure out if that is only required if it's not in a separate area from the passenger compartment.
Don't forget the California Gun Free zones and the Federal Gun Free zones.

California GFZ requires concealable firearms to be in a locked case in the 'schoole zone". Federal GFZ requires any firearm to be in a locked case within the "school zone".

"school zone" for these examples is roughly 1000 feet.

...and yes, it's all "feel good" BS.
 

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Don't forget the California Criminal Safe Zones and the Federal Criminal Safe Zones .

California CSZ requires concealable firearms to be in a locked case in the 'schoole zone". Federal CSZ requires any firearm to be in a locked case within the "school zone".

"school zone" for these examples is roughly 1000 feet.

...and yes, it's all "feel good" BS.
Fixed that for you
 

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Discussion Starter · #9 ·
My god this stuff is so hard to read. What does this mean:


Not even CA requires that it be in a locked container. But I can't figure out if that is only required if it's not in a separate area from the passenger compartment.
It's like this: LemmyCaution endeavors to take his S&W Model 19-4 to Colorado and open carry on his camping trip with his family, where both the possession and the open carry of the firearm are legal. He wants to drive out there in his pickup truck.

Unfortunately, New York state lies between Vermont, where the firearm is legal and where one does not need a permit to carry it, and Colorado.

In New York, one may not possess a handgun without a New York state pistol permit. New York offers no reciprocity with any state, therefore even if LC could get a permit in VT, it would be no good in NY.

FOPA allows LC to cross through New York state with the handgun, which would otherwise not be legal, so long as the handgun is locked in a place inaccessible to LC while driving the vehicle in New York state. In a car, this would be the trunk. In a pickup, there is no lockable trunk, therefore the firearm must be locked in a case.

In the past, if LC stops for gas, and is approached by law enforcement in NY, and unwisely submits to an unwarranted search of his vehicle, NY would arrest LC and charge with criminal possession, which LC would then have to fight in court, at great expense.

The proposed amendment to FOPA explicitly allows stops along the way, such as for gas, food or hotel stay while in transit.

It also specifically says that FOPA is a defense against prosecution, rather than as a defense against conviction, and further that should a state unwisely insist on prosecuting anyway, that the state will be on the hook for all legal fees, should it lose the case.

While I'm generally against the federal government saying anything at all about firearms, beyond the 2A- in this case, congress is effectively telling the states that, in at least this one circumscribed manner, they may not infringe the 2A. This is a good thing.
 

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My god this stuff is so hard to read. What does this mean:


Not even CA requires that it be in a locked container. But I can't figure out if that is only required if it's not in a separate area from the passenger compartment.
actually this means that if you are in a car like a hatch back (where the trunk is not a separate compartment from the cab) then if its a locked container your good to go.

i don't think it was addressed but with a truck bed you better have a locking, bolted down toolbox, or bed cover to be secure. Im pretty sure NY isn't gonna consider a locked gun case that anyone can be nicked by just anyone at the gas station as "secure"

ill keep reading the law.
if the vehicle is without a compartment separate
from the passenger compartment,
a truck bed IS separate from the passenger compartment.

so this is not talking about truck beds (its important to be very exact when dealing with the law) especially if new york is concerned.
 

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ok since nothing is mentioned I wonder what the deal would be with an unlocked gun case in an open pickup bed (which is not accessible to the passenger compartment).
 

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Discussion Starter · #12 ·
ok since nothing is mentioned I wonder what the deal would be with an unlocked gun case in an open pickup bed (which is not accessible to the passenger compartment).
To the letter of the law, it would appear to be legal, but I sure ain't going to try it.
 
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