Transport of firearms in RV

I know this has been discussed in several other forums, but after searching, I did not find the information I am looking for.

Specifically, I will be traveling in my class A through the states of New York, Massachusetts, Rhode Island and Connecticut (among others).  The firearms laws in these states are very strict and confusing to say the least.  I plan on carrying only my shotgun for personal defense, and my CPL from Michigan is not given reciprocity by any of these states, so why bother to take a handgun at all. While driving, I plan on having the shotgun unloaded and locked, with the ammo locked in a separate container. Once stopped and connected, I plan to load the shotgun and have it at my bedside at night.

Does anyone have authoritative knowledge of the laws in any of these states that would apply to my situation?  Is it allowed to transport a shotgun unloaded in an RV? Once stopped, is it lawful to have a loaded shotgun in the RV?

Any references would be appreciated.  I tried reading the statutes themselves, but it still is not clear to me what is/is not allowed for non-residents.

Thanks,

Interstate transportation of firearms is protected by 18 U.S. Code Section 926A. The requirement "...Provided, That in the case of a vehicle without a compartment separate from the driver?s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console..." would apply to a motorhome.

It is my understanding that New York does not consider you as transporting through the state if you stop for even one night. I do not know if this is an issue with long guns. Also, some states  consider a loaded magazine as a loaded firearm, again not sure about the states you mention and not an issue with most shotguns.

Star Rover said:

... Once stopped and connected, I plan to load the shotgun and have it at my bedside at night...

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Why on earth would anyone ever chose to stay in a place where they felt the need to have a loaded shotgun by their bed at night?

Paul

Paul & Ann said:

Why on earth would anyone ever chose to stay in a place where they felt the need to have a loaded shotgun by their bed at night?

Paul

Click to expand...

Uh oh....the nosedive in this thread has commenced......In Before the Lock....

....but the correct answer is some of us do that everywhere.  Safety is an illusion.

This should help answer the OP's question regarding shotgun transport...

http://www.nraila.org/gun-laws/state-laws/new-york.aspx

I had a CC in Texas, got a lifetime one in Indiana soon as I got there.  Sadly shortly after we moved an 80 year old man within miles of us was shot and killed in his rural home during a robbery.  They have had rewards posted for a year and still no one has been arrested.  So I have guns in my home and yep a loaded shotgun under my bed.  Am I afraid, no, but its myself and daughter and 2 women alone I think looks like an easy target.

I carry a 32 in a try within reach in front with ammo, it is not loaded but can be in a heartbeat.

There is so much meanest in the world anymore I'm not leaving myself vulnerable if I can help it.  Also careful where I go

Interesting:

Be sure to read the - "Safe Passage" provision
http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act

also of interest may be:
http://www.breitbart.com/Big-Government/2014/01/17/District-Court-Strikes-Down-Gun-Ban-At-Campsites-And-Other-Army-Corps-Land

January 10th ruling, the U.S. District Court for the District of Idaho struck down a ban on the possession "of a firearm and other arms" on Army Corps of Engineers-controlled land.

Paul & Ann said:

Why on earth would anyone ever chose to stay in a place where they felt the need to have a loaded shotgun by their bed at night?

Paul

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Ahh, because under the Second Amendment to the U.S. Constitution...that pesky little provision that O'Bama is hell bent on doing away with...which " protects the right of individuals to keep and bear arms, WHICH SHALL NOT BE INFRINGED".  The U.S. Supreme Court has affirmed that right, over and over again.


Having said that, and to answer the original question, The Commonwealth of Massachusetts, has one of the toughest gun laws in the country.  It is illegal to possess mace or pepper spray, tasers, handguns or long guns of any kind, for any purpose without a valid license to carry, or in the case of a long gun, pepper spray, or mace, a resident firearms ID card.  Possession of any of the above, without a valid LTC, can result in a mandatory one year jail sentence, upon conviction.  A resident of the Commonwealth can obtain a LTC or a FID card from the Chief of Police of the City or Town in which they reside, after taking a Firearms Safety Course, and a background check, as well as meeting all the other provisions of MGL ch. 140, it's subsections, and not being a felon, or having been institutionalized for any mental illness, or having been convicted of domestic abuse, or currently under a restraining order.  A non-resident can obtain a non-resident license to carry from the Colonel of the State Police..... https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131f

Also Ma. has a  Castle Doctrine, but not a Stand Your Ground Law (which had been proposed, but removed from consideration after the Trayvon Martin case).  The Castle Doctrine would not apply to an RV. however, because of it's wording.... Dwelling: A place where an individual is temporarily or permanently residing. It has to be a permanent structure, your home, apartment, cottage, and under some circumstances can include a hotel/motel room. Note: a dwelling cannot be a motor home, tent, or boat because they are not permanent structures. Anyone using deadly force in one of these will not be protected by this law.  Just as attempting to use this law in any motor vehicle, even one in which you reside, as people have done, because they are homeless, wouldn't be covered under this Castle Doctrine Statute.  https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter278/Section8a

Massachusetts General Law, Chapter 278, Section 8(a): In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.
Prior to MGL c278-s8(a), an occupant of a dwelling, legally had to retreat, even if it meant retreating from the dwelling, before deadly force could be used.

The only exception to all of this, is the LEOSA (Law Enforcement Officers Safety Act), National right to carry provisions, under Federal Law, HR218, for active and retired Law Enforcement Officers.

I was licensed to carry in Fl. and Ma., prior to HR218, because as a part-time resident and homeowner in both states, and a retired Police Officer in Ma., I wanted to have in my possession, and to carry in both locations when I was there.  Since HR218, I'm licensed in my residence state of Fl., and carry in the other 49, under the provisions of HR218.

There was, and from time to time, it's proposed, and resurfaces, to make ALL gun licenses reciprocal, in all 50 states, just as drivers licenses are reciprocal.  They keep running into the problem of having the Federal Government infringing on the States Rights to regulate firearms licensing.  There is always the fear in most states, the Federal Government will "TAKE OVER" gun licensing from the states.

Before this discussion spins down the familiar route could I suggest the discussion remain on the Question Star Rover asked about carrying a shotgun in NY, MA, RI, and CN ?

PatrioticStabilist said:

I had a CC in Texas, got a lifetime one in Indiana soon as I got there.  Sadly shortly after we moved an 80 year old man within miles of us was shot and killed in his rural home during a robbery.  They have had rewards posted for a year and still no one has been arrested.  So I have guns in my home and yep a loaded shotgun under my bed.  Am I afraid, no, but its myself and daughter and 2 women alone I think looks like an easy target.

I carry a 32 in a try within reach in front with ammo, it is not loaded but can be in a heartbeat.

There is so much meanest in the world anymore I'm not leaving myself vulnerable if I can help it.  Also careful where I go

Click to expand...

As I've always said...
I'd rather be judged by 12, than carried by 6.

Because when seconds count...
The Police will be there in minutes!

Frizlefrak said:

Uh oh....the nosedive in this thread has commenced......In Before the Lock....

....but the correct answer is some of us do that everywhere.  Safety is an illusion.

Click to expand...

Amen to that.  I carry where ever I go when traveling.  It may not be on my person but a 38 special revolver with four hollowpoints is always close by where I sleep.  Why only 4 bullets- because I keep the first chamber unloaded in case of accidental trigger activation.  Hopefully that first click (and the lazer pointer) will encourage the scoundrel to flee but, if not, the second chamber IS loaded as are the third, fourth and fifth.  Some wise person once said - God made all men but Samuel Colt made all men equal.  In my case, Msrs Smith and Wesson do that duty.  I remember a young boy telling me that all those 'rich people' have the big trailers and motor homes and that's where the money is.  Of course, he is wrong (at least some of the time) but it seems the bigger the RV, the bigger the target.  And that's the way I see it.

A good phone App to have is 'CCW'. It will show where your license is honored, as well as transport laws in each state, local laws, etc.

If memory serves me correct, the first victim of the harsh MA law was a 12 year od (or so) boy at Christmas taking his unloaded .22 he got for Christmas to show his friend. 

Lots of unintended consequences to laws.  I am pretty sure your only issue will be in MA, the other states are a bit easier on all this. 

Thanks Rebelsun for the on-point response and information.  You seem to be very knowledgeable about the laws in MA.  The sum up, it appears I cannot even POSSESS a shotgun in MA without a permit from the state.  And if I were to have to defend myself in my motor home, I would face a firearms violation (probably a felony), and the Castle Doctrine would not apply, even if the MH was stationary and hooked up.

Does this generally agree with your understanding?

Bottom line, I am SOL!  So sad a state of affairs.

To those who question my desire to have self-protection for myself and my family - it is my RIGHT and my DUTY to use whatever means is legally available.  i do not appreciate condescending lecturing or sarcasm if you do not agree with me; I will certainly not question the wisdom of your position on the matter - that's your business and you conscience to live with if events ever prove you wrong. By the Constitution guarantees my right to make the decisions I make and I intend to exercise that right. Please stay on point.  If you don't have relevant information for me, please don't post.

Star Rover is asking about a long gun, so carry permits and such are irrelevant, even in MA. Let's stick to the long gun question, please.



Possessing a loaded weapon of any kind in a campground (public or private) is quite likely to be subject to regulation in those states. State and local parks often have large signs at the entrance prohibiting firearms of any kind - I know NY State Parks have that rule. It also includes air rifles, bow & arrows, and other weapons types.

The basic NY rule for their park system says:

(1) Notwithstanding the provisions of paragraph (2) of this subdivision,
no person, other than a member of a Federal, State or municipal
law enforcement agency, shall introduce or possess, either upon the
person or within a vehicle, or use any firearm or any instrument or weapon
the propelling force of which is a spring, rubber or air or any ammunition
or propellant therefor, or a bow and arrow, except for hunting where
permitted by a rule or regulation of a regional park, recreation and historic
preservation commission or pursuant to a permit issued according
to the provisions of section 376.1(r)* of this Title.

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It is common practice for privately owned parks to prohibit any firearms as well. Of course, they aren't going to inspect your RV to find it, but you could be evicted if it was observed or you mentioned it to someone.

Boston & NYC and perhaps other major cities have their own firearms laws, which may be more restrictive than the state's. NYC is well know for its very restrictive laws but most RVers are going through there.

Magazine size restrictions are also common in those states. I would suggest that the shotgun be limited to three shells with a plug if it normally can handle more.

Don't know how accurate it is, but this source indicates only that a "Firearms ID" would be required to possess a long gun in Massachusetts:
http://en.wikipedia.org/wiki/Gun_laws_in_Massachusetts
http://www.goal.org/masslawpages/FIDapply.html

However, it's not clear that  the ID is required for a non-resident and in fact the state will not issue one to a non-resident. Yet I know that hunters come to MA and bring their weapons, so there must be a legal way.

I found this statement:

While Massachusetts' firearms laws are some of the strictest, they are not applicable to travelers who comply with the Firearm Owners Protection Act's traveler's exemption.

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This website states:

"Massachusetts general law Chapter 140, ?129C provides many exemptions from licensing requirements for non-residents coming into the state with rifles, shotguns and ammunition therefor. Briefly, these are
(1) hunters with valid nonresident hunting licenses,
(2) possession on a firing or shooting range,
(3) possession while traveling in or through the commonwealth with rifles or shotguns unloaded and enclosed in a case,
(4) possession while at a firearms show or display organized by a gun collectors club or association or
(5) carrying by nonresidents who meet the requirements for such carrying or possession in the state in which they reside."

The question Star Rover asked was..........."While driving, I plan on having the shotgun unloaded and locked, with the ammo locked in a separate container. Once stopped and connected, I plan to load the shotgun and have it at my bedside at night."......................And that's the question I replied to.

Although it is true the Safe Passage Act Gary referred to would protect him as he travels THROUGH the Commonwealth, as well as other states he TRAVELS THROUGH, it would not apply to having a loaded shotgun at his bedside at night.

As for the exemptions of c140-s129c that Trailer Traveler mentioned, they also wouldn't apply to having a loaded firearm at your bedside while camping.  His best bet, if he plans on staying in the Commonwealth for any length of time, would be to apply for, and secure a non-resident LTC from the Ma. State Police.  It could save a lot of money (to lawyers) and problems down the road, if he does find himself in the situation of having to deploy or otherwise use the firearm.

The other problem which I addressed is with the Castle Doctrine, which does not cover RV's, tents, boats, or other "non-permanent" dwellings.

Star Rover said:

I know this has been discussed in several other forums, but after searching, I did not find the information I am looking for.

Specifically, I will be traveling in my class A through the states of New York, Massachusetts, Rhode Island and Connecticut (among others).  The firearms laws in these states are very strict and confusing to say the least.  I plan on carrying only my shotgun for personal defense, and my CPL from Michigan is not given reciprocity by any of these states, so why bother to take a handgun at all. While driving, I plan on having the shotgun unloaded and locked, with the ammo locked in a separate container. Once stopped and connected, I plan to load the shotgun and have it at my bedside at night.

Does anyone have authoritative knowledge of the laws in any of these states that would apply to my situation?  Is it allowed to transport a shotgun unloaded in an RV? Once stopped, is it lawful to have a loaded shotgun in the RV?

Any references would be appreciated.  I tried reading the statutes themselves, but it still is not clear to me what is/is not allowed for non-residents.

Thanks,

Click to expand...

I don't know you brother but as a fellow MI resident, please read these cases. It can ruin your life running into inadvertent technical violations of NJ, NY, MA and other NE states gun laws. I will not travel thru any of these states and I divert around Illinois when traveling south. They are the worst states. Read these links and draw your own conclusions.
http://www.policestateusa.com/2013/justice-for-brian-aitken/
http://www2.ca3.uscourts.gov/opinarch/092029p.pdf
http://www.nraila.org/search.aspx?s=%22Brian%20Aitken%22

My son is an attorney in California, and that state is the legal equivalent of the NE.

Hi all, I have had to get into this a couple of times.  My advice is to consult a Leo in that state. Reason being. Your rv may meet the definition of home. In such case you may be exempt from some of the travel rules.

I carry, it's no secret but in doing so it is my responsibility to know and understand the law for the area I am in.

Do not trust advice from the internet on this issue.

I prefer the Don't ask, Don't tell theory when it comes to my fire arms.  It is my home, and according to the law I am entitled to protect my home in any way I choose.  As long as you are not stopped and searched for some stupid infraction I see no reason any law enforcement agent should search my home without a search warrant.