Does federal transportation law trump states?

[junglebob]

I was thinking about a trip I made to Pennsylvania a couple years ago. I have a non-resident Pa license and was planning on taking my handgun along. The flight I was taking was landing at BWI? airport, near Baltimore. I looked at Maryland firearms laws and noticed that you can only transport a handgun to a range or to a gun shop for repair. I decided not to take it. Now I think that since I was only traveling through Maryland to get to Pennsylvania I should have been legal. I know folks have said that you are O.K. traveling through even Morton Grove and other Illinois communities with handgun bans if you are on an interstate trip because you are covered under the federal law.

[Bill of Rights]

IANAL and TINLA disclaimers apply. My understanding is that as long as the gun is in a secure wrapper, inaccessible, and with ammo locked away separately, also inaccessible AND as long as possession of the firearm is legal at both ends of the journey, yes, federal protection applies. As such, however, I wouldn't chance local police in an area where carry is not legal; to say nothing of the issue that it might be construed as stopping my journey to stop and sit down somewhere for lunch in a right denied area, I don't want to spend money there and support their anti-rights agenda and policies.

Blessings,
M

[junglebob]

I didn't spend a dime in Maryland, got out of there as soon as possible. I was kind of like an out of state CCW person going through Illinois.

So you think there could be a problem with local law enforcement if one was stopped even though the firearm was unloaded encased and not accessible? Of course if it is in the trunk how would they know unless I gave up my 4th ammendment rights? Not likely!

BTW, What is TINLA?

[Bill of Rights]

I think unless they had reason to search or somehow otherwise came to knowledge of your gun (perhaps they're doing a search looking for a bank robber or drug trafficker or something and searching everyone with a vehicle that happens to be like yours?) you'd be OK. If you don't stop on the drive and remain on the interstate, Federal law would seem to apply.
(Of course, personally, I think Constitutional law applies over all, but it seems the courts disagree)

This Is Not Legal Advice.

Blessings,
M

[VegasGeorge]

We really need to pressure our congressmen to pass a bill standardizing the right to carry when passing through the various States. I can accept (with gritted teeth!) that each State regulate it's own residents, but temporary visitors and those merely passing through should not have to surrender their right to bear arms. I see it as an unreasonable restraint on the right to travel. That issue was decided following California's efforts to close it's borders to Oakies during the dust bowl era. The right to travel between the States cannot be unreasonably restrained.

[Bill of Rights]

I agree that anything that makes the various violators of Constitutional law stop doing so and start observing it for what it is; the Supreme Law of the Land, is a good thing. Unfortunately, I think for this to happen will require a test case to go to SCOTUS and for them to accept it and rule upon it. Before I'd be willing to chance that, I'd want to have a pile of money and reason to expect a friendly Court to hear it. If Hitlery is elected, we can reasonably expect Vince Foster-type vacancies on the Court and Chief Justice (cough) Sarah Brady, Associate Justice (cough) Rosie O'Donnell, and a host of other judges that will basically turn America into exactly what it appeared to be in V For Vendetta.

We turned Boston Harbor into a giant teacup a couple hundred years ago-Any bets on whether or not the above scenario would turn into a formal occasion? You know... a necktie party? http://i221.photobucket.com/albums/dd198/St-Michael/swingin.gif

Blessings,
M