FOPA legal destination?

[.40caltrucker]

I understand going from one place to another that's legal is covered under FOPA.

Lets say I start my week in Indy and deliver a load to (any anti gun state) and pick up a load coming back to Indy. My true destination at the end of the whole trip is Indy where of course we're legal, however does anyone know for the purpose of using FOPA would they consider my delivery in (any anti gun state) to be my real destination, or would they consider Indy to be my real destination?

 

[finity]

I would assume, for the sake of prudence, that your "destination" would be where the drop-off is.

Most people who travel will go somewhere then eventually return to their place of residence. I think that is the norm & that is what the intent of the law was meant to cover. It doesn't make sense that if I was to go on vacation to (anti-gun location) that I would be able to claim FOPA protection if I stayed for any period of time there.

Other than my own personal opinion I have nothing to back up the above statements, though.

 

[sidewinder27]

"Safe Passage" provision
One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, in a locked container.[6]
An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time.

I think you would be in trouble. Also I have always thought you were not allowed to have a weapon in a CMV.

 

[.40caltrucker]

I would assume, for the sake of prudence, that your "destination" would be where the drop-off is.

Most people who travel will go somewhere then eventually return to their place of residence. I think that is the norm & that is what the intent of the law was meant to cover. It doesn't make sense that if I was to go on vacation to (anti-gun location) that I would be able to claim FOPA protection if I stayed for any period of time there.

Other than my own personal opinion I have nothing to back up the above statements, though.

That's been the way I've always determined it to be also and most likely right, but a few weeks ago I thought about it and realized even when making the delivery I'm just there a few hours then on my way somewhere else to pick up a return load back to Indy and got me wondering. Something else is it's legal to fly with a gun as long as your legal to carry at your final destination even if your flight has a layover in an anti gun state.

Trucking is a little different than vacation in that I will be out of most states within hours of delivering or loading.

If my flight leaves Indy heading for FL and I have a layover in NY (or somewhere we can't carry) the trip is legal since the final destination is FL.

It would make sense if a delivery would be considered a layover since my trip isn't over with yet until I arrive at my final destination of Indy.

I think you would be in trouble. Also I have always thought you were not allowed to have a weapon in a CMV.

Nope, there isn't a single law written anywhere that distinguishes between carrying in a CMV vs vehicle. The rumors have all been started by companies telling drives it's illegal to carry in a CMV but have never shown any proof.

 

[sidewinder27]

Nope, there isn't a single law written anywhere that distinguishes between carrying in a CMV vs vehicle. The rumors have all been started by companies telling drives it's illegal to carry in a CMV but have never shown any proof.[/quote]

What trucking companies don't lie.