Every February, the first real harbinger of Spring is Red Sox Truck Day. For those who don’t know of the tradition, Truck Day is the day that all of the Red Sox gear is packed into trucks at Fenway Park in Boston for the 1,480- mile drive to Ft. Myers, Florida to begin Spring Training. Anyone who grew up going to Red Sox games (I remember those great days when a normal every day person could afford to attend a game at Fenway Park.) can’t help but feel a bit nostalgic on truck Day. Remember those single game price for double headers. Sorry I digress.
Well, it is almost Travel Day at my house. Every December, we pack the ole station wagon (actually SUV, but nostalgia prevails today) with our warm weather clothing, sun screen, sun hats, miscellaneous stuff for the Florida condo, an incredibly cute dog with lots of dog paraphernalia and hit the road for our 1,418-mile drive to Boca Raton, Florida. See, just like the Red Sox except we go a couple of months earlier and to Florida’s Atlantic coast.
Among the items we pack that were not mentioned above are firearms. Yup, we head to a state that actually likes gun owners. Once I had a conversation with one of the Florida officials who issues Concealed Carry License (CCL) licenses as I had a couple of legal questions. During the conversation the official was very confused by my questions about transporting handguns without a Florida CCL. Finally, after I explained Massachusetts’ draconian gun laws as my basis for the question, he understood the question but thought it was ridiculous that I asked since Florida respects our Constitutional Rights. I paraphrase but he said something like “In Florida, we have the Second Amendment. You don’t need government permission to have your guns so long as you are a law-abiding citizen.” In Florida, you can purchase, possess, and keep your firearms with you as long as you are a good citizen who does not have a federal disqualifier. If you want to carry a loaded firearm on your person you need a CCL. To get a CCL, you have to demonstrate some level of competency with firearms by passing a course that includes shooting. By the way, I can teach said course.
So, back to Truck Day. The reason I am writing about Truck Day is that it initiates three days of driving along the east coast of our great country and requires passing through or dwelling in eleven states and each of those eleven states has different gun laws with some being very cool like Florida and other being not cool like Massachusetts, New York, New Jersey and Maryland. I believe in following the law, so I have to pay attention.
Ok, so I am licensed to carry by three states: Massachusetts, Utah and Florida. Despite the fact that Massachusetts has reciprocity with no other states, a bunch of states honor the Massachusetts LTC and even more have permitless or constitutional carry which means that, as a law-abiding citizen it is legal to carry concealed in that state. So, with the Massachusetts LTC alone, I can carry in three states (Massachusetts, Virginia and North Carolina) during my trip. My non-resident Florida license adds one state, Delaware and my non-Utah license also adds Delaware as well as Georgia. If I were a full-time resident of Florida or Utah, more states would be covered – Pennsylvania and South Carolina. The United States Concealed Carry Association (USCCA) provides great information on reciprocity and the gun laws of every state as well as excellent insurance for concealed carriers. Check them out at www.usconcealedcarry.com.
On the map shown above, there is a big red blob that I have to get through before I get to free states. I have no choice but to drive through Connecticut, New York, New Jersey and Maryland. Although South Carolina is red, there is no paranoia when going through South Carolina like there is in states like New York and New Jersey.
Notwithstanding the fact that it is perfectly legal to pass through any state if your firearms are unloaded and properly stored, I hold my breath while in New York and New Jersey, especially the Metropolitan New York City/Northern New Jersey area. To refer to these areas as terra hostilis is an understatement. As a Massachusetts firearms instructor, I have been known to say that a little paranoia is a wise thing. I practice what I preach. We pit stop at the last gas/coffee stop on the Merritt Parkway in Connecticut, then enter New York state traveling the speed limit and do not stop or violate the speed limit until at least the second food/fuel facility on the New Jersey Turnpike. It has been alleged that I drive near 90 when on the highway (repeat: alleged – I just keep up with traffic), however in the MET New York/New Jersey area, I am mister follow the speed limit, use directional signals before changing lanes, keep at least six care lengths back from the vehicle in front of me. I provide no reason to be stopped.
If you are stopped for a traffic violation and you can legally carry in that state, are you required to notify the law enforcement officer (LEO) who pulls you over? Well, that depends (surprise, surprise) on the state you are in. For example, Massachusetts has no requirement to notify but both North and South Carolina require that you notify the LEO immediately upon contact. Some states, but not all, require that you notify when asked by the LEO. Even if the law does not require it, we always recommend that you inform the LEO if asked. If you are asked and you say no, then, subsequently, the officer realized that you have a gun on your person, it becomes a whole new, nasty conversation.
Previously I mentioned that it is legal to travel through every state with your firearms then went off on my paranoia about New York/New Jersey. Well, it is legal! We are protected by federal law. The Firearm Owners Protection Act (FOPA) a.k.a the Volker-McClure Act of 1986 basically makes it legal for firearm owners to pass through any state provided that we can legally possess said firearms at both ends of our journey. There are limitations. The firearms must be unloaded and properly stored in the vehicle. The protection is limited to traveling, meaning pit stops are ok, but no side trips to Six Flags. It also does not cover overnight stays so you must understand the individual state laws if you book a room for the night. To that end, referring to the map above, we only do overnight stays in the green states, i.e. I can legally concealed carry.
What about hotels/motels? First, some hotels and motels have policies that do not allow firearms on their property. We will not get specific here. Do an internet search for hotel firearm policies and you will easily figure it out. My philosophy is to not do business with any establishment which does not support the Second Amendment and that includes restaurants (sorry Chipolte) and retail (sorry Dicks). Pick a hotel or motel that is gun friendly. In our case we also have to find dog friendly facilities.
Once checked in, I bring the guns to our room for the night. I recommend discretion while moving guns between the car and the room as there are people everywhere who freak out at the sight of a gun case. Since I just bring handguns with me, I keep them (when not on my person) in their cases in a big tub in the back of the SUV. I can easily take the whole tub to and from the room.
One more item about hotel/motel rooms. In most states, the Castle Doctrine does not apply to temporary lodgings. Even if the state law recognizes the Castle Doctrine, it does not apply, except to your residence and even then, it only applies to the interior of the house; not the front porch, the garage the front lawn, or the back yard; only within the interior four walls. In those non covered areas, the law is no different than on the street. Not every state has a No Duty to Retreat law so be aware.
In late March, we make the reverse journey. Trust me when I say this: it is a whole lot more pleasant for me to go south than it is to go from warm tropical Florida to blustery New England March (burr).
If you are traveling with guns know the law. Check everything for yourself. If you like reading legalese, the gun laws for every state are available on the states’ websites. There are many other sources. Although there are a number of books, my favorite is the Traveler’s Guide to the Firearm Laws of the Fifty States by J. Scott Kappas, Esq. (Available at www.gunlawguide.com) It is a very comprehensive guide with a one-page summary for each state along with a bunch of additional great information. A sliding freedom scale is provided rating each state from 0 – 100 for gun from total prohibition (0) to total freedom (100). For example, Massachusetts rates a whopping 10, New Jersey gets a miserable 8 and Georgia is great at 94.
There are online resources as well. Here are a couple of options:
- The National Rifle Association Institute for Legislative Action; https://www.nraila.org/gun-laws/state-gun-laws
- United States Concealed Carry Association’s (USCCA); www.usconcealedcarry.com.
- HandgunLaw.US; www.handgunlaw.us
Obviously, this list is a long way from all inclusive. Do the research for yourself. It only takes a few minutes online to become knowledgeable. Remember that ignorance is no excuse with the law.
Be Safe, Be Legal