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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, Colorado 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 the state of Colorado. 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 Colorado Members: New Free Report |
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Behind Enemy Lines: A Guide to Traveling through Firearms-Hostile States |
As summer approaches, some will be vacationing and
traveling outside of Colorado (we won�t hold that against you).
Naturally, no Coloradoan 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 Centennial 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 Colorado? 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 Colorado 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 Colorado and the end point was New York, since the end
point is not a legal place a Colorado resident 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 ruled on
definitively.
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 of Colorado 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 Colorado Seminars & Workshops |
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Mark your calendars and join us at our upcoming seminars and
workshops as U.S. Law Shield Firearms Program Attorneys separate legal
fact from fiction! Learn about firearms and self-defense law that every
gun owner should know.
At U.S. Law Shield we are proud to team-up with our friends
at the state's premier gun ranges and facilities. We strive to educate
as many gun owners as possible so they can carry and use their firearms
safely and legally.
Come out to meet your program attorneys at Centennial Gun
Club and DCF Guns seminars! Hear topics such as Colorado Deadly Force
Laws, Civil Liability, What To Do with Law Enforcement. And, join us at
DCF Guns for a workshop exclusively on What To Do When Law Enforcement
Arrives.
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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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