Moving to FL

[error404]

I'm traveling to Florida tomorrow in Car from Sussex County. I'm trying to figure out if I'll be okay with all the rules and regulations under Firearms Owners’ Protection Act.

Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.


Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest.  The U.S. Court of Appeals for the Third Circuit has also recently held that FOPA’s protections only apply while the firearm is not readily accessible to the traveler, and that a firearm is readily accessible during a hotel stay.   

Everything sounds good until I get to the Peoples Republic of Maryland :

MARYLAND—The unlicensed transportation of handguns in vehicles is prohibited, except for a variety of lawful purposes, including target shooting. A handgun must be transported unloaded and in an enclosed case or holster with a strap. Maryland also prohibits the possession or transportation into the state of so-called “assault pistols,” which a statute defines by specifying certain makes and models, as well as “a copy, regardless of the producer or manufacturer.” Prohibited models include, but are not limited to, semi-automatic versions of the UZI, Intratec TEC-DC9, and Bushmaster pistols.

The trunk will be full of "cop killing, school penetrating, black looking, terrifying assault weapons" and a box filled with high capacity "clips"!!! (+/-50 mags? ).

Anyway, am I cover under FOPA even on Maryland? Obviously, I'm planning to keep all the handguns and rifles empty and locked on the trunk

Thanks for the feedback!

BTW I have DE and FL CCW lics.

[joek]

I do the drive of "shame on Maryland" from Delaware to Florida every winter.  Never have any problems.  I do the speed limit.  Firearms all locked away.  All magazines empty and ammo in separate locked box.  You can bet the first I do when I get to the Virginia state line is stop!  Strap up and drive on.

[Clarence]

Watch South Carolina too.  OK in console or glove box.   Illegal to open carry.  No reciprocity with Delaware and does not recognize any non resident permits.  

[soulstealer]

Can people get a Fla. non resident CCW and possess a De. CCW? Or is it one in the same?

[Cbmarine]

Can people get a Fla. non resident CCW and possess a De. CCW? Or is it one in the same?

Each state has their own rules/permits for concealed carry ranging downwards from Constitutional Carry (just do it), "shall issue" (FL), "may issue" (DE), to de facto "no issue" (DC, NJ, MD, etc.). If you are a DE resident, you must have a DE CCDW permit to carry concealed in DE.  Twenty-SEVEN other states have reciprocity with DE allowing you to carry in those states subject to their laws. If you get an FL non-res, the total number of states (including DE but not PA) is 33.  But an easy drive to the Lancaster sheriff's office and $20 will net you 34 states total. A UT permit gets 37.  Hopefully i've answered your question.  Sources:  CCW iPhone app and http://attorneygeneral.delaware.gov/criminal/concealedweapons.shtml

[soulstealer]

Thanks cbmarine!

[demark04]

I actually received my FL non resident CCDW before my DE came.

[demark04]

Just remember, you can NOT conceal carry in DE until you receive your DE CCDW!!