Virginia Gun Owners Forum - VGOF

next week ill be driving from the police state of nj to suffolk va. i originally planned on going through delaware, across the chesapeake bridge, and so forth, specifically to avoid going around dc and the busy part of maryland. i will be bringing a pistol with me to carry while in VA.

after hearing my route, someone in my family -who seems to know everything- said 'no dont do that, youll get stopped in odessa, they always pull over people there, remember the movie my cousin vinny? that can happen to you if you go that route.'

anyone here know the truth? that person just talking out their ass? which would be the best, safest route to suffolk while transporting a pistol?

I'm not familiar with Odessa (other than the one in TX). Is that in VA or MD?

that odessa is in delaware. i dont see how that route could possibly be worse the skirting the dc/maryland metro area on I95. delaware IS a carry state, and my permits are valid in delaware.

we've all heard the story of the florida guy hassled in maryland just because it came up he had a carry permit, but no gun in the car. this is what im looking to avoid, regardless of being perfectly legal or not.

Gotcha. I saw Delaware and thought Maryland.

As someone who drives all over Hell and half of Georgia for a living, it seems that you could just take extra care to drive carefully in those areas and take the route you're most comfortable with.

Do you have a NJ carry permit?

no such thing exists

EchoMirage wrote:no such thing exists

Actually, it does.

I drive between VA and NJ frequently, in my opinion your best bet is to start off in NJ with the weapon unloaded and locked with no ammo in the car, in the trunk, then make a pit stop at the closest walmart as soon as you cross in to VA to buy ammo and load up. Unless you feel like stopping in Delaware just to carry for the 10 minutes it takes to cross through, then have to stop before the MD line to unload and lock the weapon again. The no ammo in the car is because of NJ's law that states you cant have ammo in the car unless going directly to the range or to your residence. Unless you have a NJ carry permit, which "does" exist technically.

The problem here is that it may not be possible to follow the federal transport law and be afforded its protection without having a NJ carry permit.

ProShooter wrote:The problem here is that it may not be possible to follow the federal transport law and be afforded its protection without having a NJ carry permit.

Hmm...I didnt know you needed a carry permit to transport firearms from state to state? I thought as long as you followed the state laws that you were entering and that the firearms were legally acquired, thats all there was to it. Is that not the case?

I won't drive in MD with a weapon in the vehicle, in any condition. If it was me, I'd go through PA over to 81 south. You'll only be in MD for 10-15 minutes that way. It's a lot longer, but I've been told by troopers that if you get nabbed in MD with a weapon in the car they can take you to the slammer. Talked to troopers in a western MD barracks, in Hagerstown, and at HQ. Got three different answers (go figure), and the worst answer was likely jail. They may even be able to confiscate the weapon.

The friendliest answer I got was lock the weapon in the trunk with ammo in the glove box. In an SUV or wagon, lock the weapon in a box in the location farthest away from the drivers seat. All three troopers had one constant in their answers: the trooper who pulls you over might be an azzhat and make your life miserable. Good luck.

cham89 wrote:

ProShooter wrote:The problem here is that it may not be possible to follow the federal transport law and be afforded its protection without having a NJ carry permit.

Hmm...I didnt know you needed a carry permit to transport firearms from state to state? I thought as long as you followed the state laws that you were entering and that the firearms were legally acquired, thats all there was to it. Is that not the case?

Here's the law.....

§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.

If you are leaving NJ and headed to Virginia and using 926A, you would need to be able to "lawfully possess and carry" the firearm from any place....to any place. Now, I'm hoping some of our attorneys here will offer their interpretation, but in my mind, if you do not have a NJ carry permit and cannot legally "possess AND carry" the handgun in NJ, then you have to follow each state's "transport" laws and be in compliance, since 926A would not apply.

Just thinking out loud....

ProShooter wrote:

EchoMirage wrote:no such thing exists

Actually, it does.

no, it doesnt. not if youre a normal citizen, without millions of dollars and major connections in your back pocket

cham89 wrote:I drive between VA and NJ frequently, in my opinion your best bet is to start off in NJ with the weapon unloaded and locked with no ammo in the car, in the trunk, then make a pit stop at the closest walmart as soon as you cross in to VA to buy ammo and load up. Unless you feel like stopping in Delaware just to carry for the 10 minutes it takes to cross through, then have to stop before the MD line to unload and lock the weapon again. The no ammo in the car is because of NJ's law that states you cant have ammo in the car unless going directly to the range or to your residence. Unless you have a NJ carry permit, which "does" exist technically.

this is COMPLETELY wrong. keep in mind i still live in the police state of NJ, and i am EXTREMELY familiar with the exact letter of the law. if youre a 2A advocate in here, you have to be. im not worried at all about transporting anything while in nj, ive done so thousands of times. what i was specifically worried about is the time in maryland, and the rumor about 'my cousin vinny' in odessa.

if the case of the florida guy being illegally hassled in md didnt happen, i wouldnt be so concerned.

and to reiterate about a nj permit......for all intents and purposes, it does NOT exist, in the fact that it is absolutely, completely, utterly impossible for any normal, regular, law abiding citizen to obtain one. period. while some extremely well connected, and RICH people may have one of the 1200 permits in the entire state, its effectively a no-issue, right denied case.

i know what im doing is perfectly legal. that still doesnt mean some a$$hole cop wont hassle me for being out of state. and i already know to never consent to a search, ever.

ProShooter wrote:

cham89 wrote:

ProShooter wrote:The problem here is that it may not be possible to follow the federal transport law and be afforded its protection without having a NJ carry permit.

Hmm...I didnt know you needed a carry permit to transport firearms from state to state? I thought as long as you followed the state laws that you were entering and that the firearms were legally acquired, thats all there was to it. Is that not the case?

Here's the law.....

§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.

If you are leaving NJ and headed to Virginia and using 926A, you would need to be able to "lawfully possess and carry" the firearm from any place....to any place. Now, I'm hoping some of our attorneys here will offer their interpretation, but in my mind, if you do not have a NJ carry permit and cannot legally "possess AND carry" the handgun in NJ, then you have to follow each state's "transport" laws and be in compliance, since 926A would not apply.

Just thinking out loud....

I see what you're saying, I'm just wondering if by the wording, if he starts off at his residence then he is technically beginning the transport of the firearm from a place that he can legally possess and carry the firearm since you don't need a NJ permit to carry in your residence or own property.

If it is how you're interpreting it then NJ pretty much has made it illegal for anyone to leave the state with their guns, which wouldnt necessarily surprise me lol

I see what you're saying, I'm just wondering if by the wording, if he starts off at his residence then he is technically beginning the transport of the firearm from a place that he can legally possess and carry the firearm since you don't need a NJ permit to carry in your residence or own property.

If it is how you're interpreting it then NJ pretty much has made it illegal for anyone to leave the state with their guns, which wouldnt necessarily surprise me lol

And that is what attorneys get paid big money for.

cham89 wrote:I see what you're saying, I'm just wondering if by the wording, if he starts off at his residence then he is technically beginning the transport of the firearm from a place that he can legally possess and carry the firearm since you don't need a NJ permit to carry in your residence or own property.

If it is how you're interpreting it then NJ pretty much has made it illegal for anyone to leave the state with their guns, which wouldnt necessarily surprise me lol

its called FOPA. its a federal law that states if your gun is legal in your starting place, and legal in your ending place, you are able to transport between points. it doesnt mention mag capacity though....and either way i planning on bringing either my type M or nano, both of which are under 10rnds.

FOPA or not, its not like the cops actually follow the laws theyre supposed to uphold. even though i will probably be 100% legal, there is a greater chance of some cop being blatantly ignorant of the law, and hassle none the less, worst case scenario.

some will say to leave the gun home, but i will not sacrifice my natural right just because i have to pass through the fascist shythole that is maryland, for one hour. if the story about the florida guy never happened, i wouldnt be as concerned.

and to state again, i am NOT worried about traveling in nj with a pistol. ive done so hundreds of time, through numerous roads. its the OUT of state im worried about....out of state plates, in a police state like md, in a truck with many pro-2A stickers. even if i was going through upstate ny (which i have many, many times), i wouldnt be as concerned.