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May 23, 2014 |
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New States Added to U.S Law Shield Multi-State |
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Great news, Pennsylvania Members! We have added four
states to our Multi-State Program! These states are added free of charge
to our current Multi-State Program to help you be even better protected
when outside of Pennsylvania. If you travel to other states with the
Multi-State Program and have a legal use of your firearm, you will have
continued seamless coverage.
If you don't already have Multi-State coverage added
on to your membership, then consider having the additional peace of
mind. With the newly added states to the multi-state program, the
membership ad-on is still only $2.95 a month!
New states added to our Multi-State Program include:
Illinois, Kentucky, New Hampshire, New Jersey
To add on the Multi-State option to your membership or for more information, please log in to our Member Portal or call our office at 877-474-7184 and we will be happy to assist you.
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Attention Pennsylvania Members: New Free Report |
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Behind Enemy Lines: A Guide to Traveling through Firearm-Hostile States |
As summer approaches, many will be
vacationing and traveling outside the Commonwealth of Pennsylvania.
Naturally, no Pennsylvanian wants to travel unarmed if they can help it,
but unfortunately not every state shares the same views on gun
ownership and gun rights as we do in the Keystone State. This is
especially true in the northeast corner and west coast of the United
States. How then does a person pass through states that have overly
restrictive firearms laws or those different from Pennsylvania? For
example, how does a person legally pass through a state that prohibits
the possession of a handgun without a license from that state? This
newsletter will address the federal statute that allows travel between
states with differing gun laws. It is beyond the scope of this current
piece, however, to address the law in all 50 states. So remember, check
the laws of your destination state carefully.
Federal Law:
Federal law allows individuals who are legally in
possession of firearms in their state (the starting point of traveling)
to travel through states that are not as friendly. This protection is
only available under federal law to transport such firearms across state
lines for lawful purposes as long as they comply with the requirements
of the Firearm Owners Protection Act, 18 U.S. Code � 926A, nicknamed the
Safe Passage provision.
The first requirement to qualify under the federal
Safe Passage provision is that throughout the duration of the trip
through the anti-firearm state, the firearm must be unloaded and locked
in the trunk, or locked in a container that is out of reach or not
readily accessible. The ammunition also must be locked in the trunk or a
container. Note that for the storage of both firearms and ammunition
the glove box and center console compartment are specifically not
allowed.
Start � End:
To get protection under federal law, a
gun owner�s journey must start and end in states where the traveler�s
possession of the firearm is legal; for instance, starting in
Pennsylvania and ending in Vermont. Even though a person must drive
through New York or Massachusetts to get to Vermont (New York and
Massachusetts being states that prohibit a person from even possessing a
handgun without its state license), as long as the person qualifies
under the Safe Passage provision then they should be able to pass
through. However, if the start point was Pennsylvania and the end point
was New York, since the end point is not a legal place a Pennsylvanian
could possess a handgun (assuming they do not have a New York license),
there is no protection under the federal law.
Keep in mind that whenever a person finally
completes traveling and reaches their destination state, the laws of
that state control the possession, carrying, and use of the firearm.
Federal law does not make it legal or provide any protection for
possession of a firearm that is illegal under the laws of the
destination state (i.e., the end state of your travels).
What is Traveling � What is Not?
The final requirement for protection under the
federal law is that individuals MUST be �traveling� while in the firearm
hostile state. The legal definition of �Traveling� is both murky and
narrow. The Safe Passage protection has been held in courts to be
limited to situations that strictly fit traveling and nothing more.
Traveling is a term that is not defined in the federal statute; however,
it has received treatment in the courts that is indicative of what one
can expect. Generally speaking, if a person stops somewhere for too long
they cease to be �traveling� and, therefore, lose their protection
under the Safe Passage provision. How long this is has not been
determined with any definitiveness.
While stopping for gas or restroom breaks may not
disqualify a person from the �Traveling� protection, any stop for an
activity not directly related to travelling could be considered a
destination and thus you would lose the legal protection. For example,
in Chicago anyone in the city for more than 24 hours is not considered
to be traveling under local policy. In an actual case, stopping for a
brief nap in a bank parking lot in New Jersey caused a Texan driving
back home from Maine to lose the �Traveling� protection. He received 5
years in prison for possession of weapons that are illegal under New
Jersey law. The moral of these stories is to travel through these states
that have major legislation against guns as fast as one can (without
breaking the speed limit, of course).
You May Be Arrested Anyway!
To make matters even worse for
firearms travelers, even if a person qualifies for protection under the
federal Safe Passage provision, New Jersey and New York seem quite proud
to treat this protection as an affirmative defense. This means that
someone can be arrested even though they were meeting all of the
requirements under the federal statute. Then, they would have go to
court to assert this defense. In other words, while a person could beat
the rap, they will not beat the ride! This becomes even more
troublesome in the instance of someone who is legally flying with their
firearm, and then due to flight complications must land in New Jersey or
New York, as many have been arrested or threatened with arrest.
Once again, the Safe Passage provision only applies
while a person is traveling; as soon as they arrive at their
destination and cease their travels, the laws of that state control a
person�s actions. U.S. Law Shield wishes everyone safe travels, and
hopes that its members won�t forget to pack their guns if they can.
Remember: check all applicable state firearms laws!
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Featured Pennsylvania CCW Seminars |
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U.S. Law Shield of Pennsylvania is proud to announce
two upcoming CCW Seminars in Pennsylvania presented by our friends at Lethal Force!
Join us and bring a friend to our seminar on Tuesday,
June 24 at the Shenango Township Firehall in New Castle, or Wednesday,
June 25 at the Rochester Sportsmen's Club in Rochester. Come out for
either seminar from 6 to 9:30 p.m. as U.S. Law Shield Program Attorneys
and firearms experts separate legal fact from fiction.
Topics include Use of Force and Stand Your Ground Laws,
Where You Can Legally Carry, and How To Deal With Difficult Law
Enforcement. Plus, there's no cost to attend!
Learn about firearms and self-defense law that affects you as a gun owner. Register today!
Sign up for the June 24 seminar here, or sign up for the June 25 seminar here.
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QuickLinks |
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U.S. Law Shield 1020 Bay Area Blvd., Suite 220 Houston, TX 77058 |
Telephone: 877-474-7184 Website: www.uslawshield.com
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