Quote:
Originally Posted by Targan
Wow, Teg, it's almost like you can read my mind  . My next question was to be about the implications of crossing state lines with a licensed, concealed weapon or a weapon in the glove box or under the seat of your vehicle. So it's all about individual states and their laws and reciprocal agreements with neighbouring states? |
Correct. In the U.S., we have several levels of laws regarding firearms.
The highest is federal, which regulates import/export, production, retail purchases (under the "interstate commerce" clause), and "NFA items." NFA stands for the National Firearms Act of 1934, which made certain classes of weapon illegal for civilian ownership without registration and a tax, paid at each instance of manufacture and change of ownership. Those classes are "machine guns" (fully automatic weapons), SBRs (Short-Barreled Rifles, those with barrels under 16"), SBSes (Short-Barreled Shotguns, those with barrels under 18"), suppressors/silencers, "destructive devices" (explosives, poison gas, and anything but a shotgun with a bore diameter greater than 0.5 inch), and AOWs (Any Other Weapon, which mainly includes micro-shotguns like the Serbu Super Shorty and disguised firearms like pen guns). Federal law also establishes a list of federal properties onto which you can't carry a weapon.
Finally, relevant to your question, federal law establishes the standard for legal transport (but not personal carry) of a firearm anywhere in the United States: unloaded, in a locked case, separate from ammunition, and not accessible from the vehicle's passenger compartment. Note that some jurisdictions (notably New York and New Jersey) refuse to recognize this law unless sued for false arrest, but it's generally safe in most other states. Also note that this is the "legal anywhere" standard, but most states are more permissive in the mode of carry or transport they allow.
State laws vary widely, based on the history and political climate of each state. Some states place additional restrictions on the purchase process for firearms (registration, waiting periods, additional taxes, purchase licenses, and/or restrictions on weapon features or magazine capacity). Others do not. Concealed carry licensing also is a state-level function. Currently, 49 of the 50 states have some form of concealed carry laws, but there is no uniform standard for how hard or expensive it is to get. Also, there is no federal mandate for reciprocity, so some states will recognize any other state's concealed carry licenses while others will not.
The third potential level of firearm law occurs at the local or county level. This is not universal. Many states have state preemption laws, which forbid their subordinate jurisdictions from passing more restrictive laws. Some, however, do not. These preemption laws are generally regarded as a good thing because they prevent travelers from inadvertently breaking local law during the course of an otherwise-innocent journey.
(Notably for the original purposes of this discussion, there is no federal law on concealed carry licensing, outside of the aforementioned LEOSA. There is a bill in progress to force all states with concealed carry licenses to grant reciprocity to all other such states, which would theoretically allow legal concealed carry everywhere but Illinois. Its fate, however, is uncertain.)
- C.