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  • xwing

    Expert
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    0   0   0
    Apr 11, 2012
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    Greene County
    Well I would hope If I was moving from Montana to Indiana 926A wouldn't expect me to make that drive without stopping to sleep.

    2 things here:
    1. As mentioned above, Illinois is fine in that scenario. 926A does not come into play, since it is easy to stay compliant within state law. Where 926A is important is a few really restrictive states such as NY & NJ.
    2. But let's say you were moving from Maine to Delaware: If you were driving through NY or NJ, stopping to sleep in NY or NJ would put you at risk of felony incarceration. While this is very much a "gray area" of interpretation, people have been arrested & convicted for felonies merely for staying overnight in the restrictive states (and in at least one case for having to change a tire in the restricted state.)

    I'm not saying the law makes sense or is fair. But this is how it has been interpreted by various higher courts over the years...

    A few links & analysis:
    https://www.nraila.org/get-the-facts/firearm-transportation/
    https://thefirearmfirm.com/interstate-transportation-of-firearms/
    https://www.combatbarbiefirearms.co...the-law/interstate-transportation-of-firearms
    https://www.usacarry.com/interstate-transportation-firearms/

    Also read No. 12-3621 ASSOCIATION OF NEW JERSEY RIFLE AND PISTOL CLUBS INC., v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY. This case revolved around transport through an airport, but the ruling was specific regarding where a firearm may be "readily accessible" such as it would be if staying in a hotel. It had several implications on other methods of transport as well.

    Another thing to be aware of is that 926A has been found to be not applicable for states who ban sporting rifles or magazines with capacities greater than 10. People have been arrested and convicted for those statutes even when complying with transport as defined by 926A.
     

    indysims

    Sharpshooter
    Rating - 100%
    17   0   1
    Aug 31, 2011
    717
    28
    2 things here:
    1. As mentioned above, Illinois is fine in that scenario. 926A does not come into play, since it is easy to stay compliant within state law. Where 926A is important is a few really restrictive states such as NY & NJ.
    2. But let's say you were moving from Maine to Delaware: If you were driving through NY or NJ, stopping to sleep in NY or NJ would put you at risk of felony incarceration. While this is very much a "gray area" of interpretation, people have been arrested & convicted for felonies merely for staying overnight in the restrictive states (and in at least one case for having to change a tire in the restricted state.)

    I'm not saying the law makes sense or is fair. But this is how it has been interpreted by various higher courts over the years...

    A few links & analysis:
    https://www.nraila.org/get-the-facts/firearm-transportation/
    https://thefirearmfirm.com/interstate-transportation-of-firearms/
    https://www.combatbarbiefirearms.co...the-law/interstate-transportation-of-firearms
    https://www.usacarry.com/interstate-transportation-firearms/

    Also read No. 12-3621 ASSOCIATION OF NEW JERSEY RIFLE AND PISTOL CLUBS INC., v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY. This case revolved around transport through an airport, but the ruling was specific regarding where a firearm may be "readily accessible" such as it would be if staying in a hotel. It had several implications on other methods of transport as well.

    Another thing to be aware of is that 926A has been found to be not applicable for states who ban sporting rifles or magazines with capacities greater than 10. People have been arrested and convicted for those statutes even when complying with transport as defined by 926A.
    Informative, thanks.
     

    Judamonster

    Marksman
    Site Supporter
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    2   0   0
    Jul 19, 2022
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    46311
    You are legally transporting it... Keep it in a case, use common sense, you'll be fine. Shotguns aren't prohibited in Illinois and FOID cards are for Illinois residents. Out of state-ers hunt in Illinois all the time. Transport your firearm with common sense and when you reach your overnight Illinois destination bring your shotgun inside with you (or keep it locked in your vehicle if you're paranoid about bringing a shotgun case into a hotel).

    Per federal law 18 USC § 926A, every U.S. citizen may legally transport firearms across state lines as long as he or she is legally allowed to possess the weapons in both the state of origin as well as the destination.

    You can legally transport firearms across state lines as long as:


    • You can lawfully possess firearms in your state of origin.
    • You can lawfully possess firearms at your destination.
    • The firearm and ammunition must be stored out of reach (not in the glove compartment or center console).*
    • Although it may not be required, it is a good idea to lock your ammunition and guns in separate lock boxes in the trunk or anywhere out of immediate reach.
    I just looked into this federal law. An overnight stay neutralizes the destination as the state you stop in is the destination. You have to be in compliance of the state you stop in.
     

    OurDee

    nobody
    Trainer Supporter
    Rating - 100%
    25   0   0
    Sep 16, 2017
    8,085
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    Camby

    Bill's Toasty Shop​

    111 N Main St, Taylorville, IL 62568

    Makes a half pound cheeseburger to die for.
     

    indysims

    Sharpshooter
    Rating - 100%
    17   0   1
    Aug 31, 2011
    717
    28
    I just looked into this federal law. An overnight stay neutralizes the destination as the state you stop in is the destination. You have to be in compliance of the state you stop in.


    Good to know, in this specific case it doesn't change much. He can posses it during his overnight stay in Illinois, in his hotel room or cased and unlocked and out of reach in his vehicle, he just can't have it loaded and accessible in his vehicle.
    Regarding the interstate federal law. Everything is a balance of risk/reward. Flying, no way... If I'm driving cross country, moving in a U-haul, etc... risk/reward self assessment is in order.
     

    04FXSTS

    Master
    Rating - 0%
    0   0   0
    Dec 31, 2010
    1,808
    129
    Eugene
    Good to know, in this specific case it doesn't change much. He can posses it during his overnight stay in Illinois, in his hotel room or cased and unlocked and out of reach in his vehicle, he just can't have it loaded and accessible in his vehicle.
    Regarding the interstate federal law. Everything is a balance of risk/reward. Flying, no way... If I'm driving cross country, moving in a U-haul, etc... risk/reward self assessment is in order.
    I think you mean "cased and unloaded" not unlocked. That is good to go in Illinois and it does not have to be out of reach inside the vehicle. Jim.
     
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