Just wanted to confirm my understanding as we prepare to move across the country. Trip takes us through CO and IL. Our CCW's aren't recognized in either state and we have a number of the evil high capacity magazines.
I will have everything in the original manufacturers case except some of the magazines and all of it will be in a suitcase that I can move into the hotel each night.
My understanding is that I am good to go with this plan as I am allowed to transport like this during a move. Am I missing anything?
Is it necessary to unload the magazines as long as they aren't in the weapon?
Any issues with the 10+ rounders in CO?

Make sure they are unloaded in the case. The high capacity magazine restrictions are only some cities like Chicago and Aurora. Otherwise you plan sounds solid. Loaded magazines are fine so long as they are not with the firearm in the same case.

quote:

Originally posted by cruiser68:
Make sure they are unloaded in the case. The high capacity magazine restrictions are only some cities like Chicago and Aurora. Otherwise you plan sounds solid. Loaded magazines are fine so long as they are not with the firearm in the same case.

I thought the magazine restrictions in Colorado was a statewide ban.

quote:

Originally posted by Balzé Halzé:
I thought the magazine restrictions in Colorado was a statewide ban.

It is, and the statewide restriction is >15 rounds.

Sigfreund, Just to be explicit, by ">15 rounds", you mean 15 round magazines and less are permitted. 16 and greater are not?

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Originally posted by haul_n_horses2:
Just to be explicit by >15 rounds, 15 round magazines and less are permitted. 16 and greater are not?

Correct. Magazines capable of holding 15 rounds are permitted. 16 or more is prohibited.

quote:

Originally posted by sigfreund:

quote:

Originally posted by haul_n_horses2:
Just to be explicit by >15 rounds, 15 round magazines and less are permitted. 16 and greater are not?

Correct. Magazines capable of holding 15 rounds are permitted. 16 or more is prohibited.

But again, if they're unloaded and separate from the weapon and packed away it will not be an issue should we be stopped for say an equipment violation on the vehicle? Right?

Not that this will be an issue for you, but MA law will allow you to drive thru the state, as long as you are legal where you started from and legal where you are going. You cannot stop for any reason; can't stop for gas, bathroom or food.

My best advice would be to call the state police of each state you will pass thru and ask what the laws are just to be safe.

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Originally posted by Powers77:
it will not be an issue ... ?

If that question is addressed to me, I don’t know. Without looking up the statute (which I recommend for anyone asking the question), I don’t recall any exceptions for transients regardless of how the magazines are being transported.

It’s possible that the Federal law protecting travelers who are passing through jurisdictions with oppressive gun rights infringements might be applied to magazines if it came to that, but again without looking it up I don’t recall any discussion of magazines. When that law was passed I don’t believe there was any concern about mags and it probably didn’t occur to anyone to include mention of them in the statute.

Added: Although I’m not in a position to give advice about other aspects of the question, I must disagree that talking to whoever answers the phone for the public state police number is going to be the best source of legal information. There is a very good chance that whoever answers has never so much as considered the question, much less researched and obtained a legal ruling himself. And keep in mind that no matter what the answer might be, it has absolutely no legal weight. What I tell my students is that it doesn’t matter what I tell them, it doesn’t matter what a lawyer tells them, it doesn’t matter what a judge tells them outside a courtroom; what matters is the law.

As far as the Colorado State Patrol is concerned, (at one time at least) their official web site warned that carrying or otherwise transporting a long gun inside a case or otherwise concealed from direct view was a violation of the statute pertaining to concealed firearms. Was that correct? Based on a strict, limited reading of the statute and its lack of any exceptions, yes—as bizarre as it may seem—it was. The fact that the organization felt it necessary to spell out their interpretation of the law on their site was very telling, IMO.

quote:

Originally posted by Balzé Halzé:

quote:

Originally posted by cruiser68:
Make sure they are unloaded in the case. The high capacity magazine restrictions are only some cities like Chicago and Aurora. Otherwise you plan sounds solid. Loaded magazines are fine so long as they are not with the firearm in the same case.

I thought the magazine restrictions in Colorado was a statewide ban.

My bad, I'm only talking about Illinois.

quote:

Originally posted by Powers77:


But again, if they're unloaded and separate from the weapon and packed away it will not be an issue should we be stopped for say an equipment violation on the vehicle? Right?

In the event you’re stopped you generally have some control of the situation based on what you say.

“Hey officer just to let you know I have a trunk full of guns and mags” is not something you need to say.” Volunteer nothing when it comes to the firearms and accessories you’re lawfully transporting. Don’t talk yourself into unnecessary complications because you’re trying to be a good cooperative guy. It nobodies business what you’re transporting. Not every officer is as knowledgeable on safe transport laws as you are. You’ll win but it will cost time, money, and possibly a free ride to the local station. It isn’t right but it’s reality

I would start by making sure the vehicle you're driving has everything working properly i.e., lights, turn signals, brake lights and even the little light that illuminates the license plate. Make sure you obey all traffic laws and use your turn signals when changing lanes or making right/left turns. The best way to avoid trouble is to not give the cops a reason to stop you in the first place. I live in PA and a gun owner from PA crossed into NJ and ended up getting pulled over by the cops for not using his turn signal when changing lanes. Turns out he had a firearm in the car and was promptly arrested. Cops will and do pull people over for minor infractions hoping it leads to something bigger.

I would keep everything locked up in boxes or cases and I wouldn't travel with loaded magazines. Theres a couple of websites that are good resources for checking gun laws state by state.

If someone would not mind please post those websites. Thank you.

quote:

Originally posted by Wolfpacker:
If someone would not mind please post those websites. Thank you.

handgunlaw.us

Just called Colorado State Patrol and spoke with a trooper. He said as long as I'm legal in my state and "in transit" only passing through Colorado to another destination that it would not be an issue. Said to have the magazines unloaded and packed away.

Verbal advice is probably worth exactly zero. You need to look at the actual statue involved. The Federal law that permits you to transition States and not be subject their individual laws is in FOPA. What it provides is that firearms that are unloaded and not accessible are not subject to the transitioning State's laws. What is important to note on FOPA is the law applies to "firearms". And as "firearms" as defined in FOPA that doesn't include magazines. And there is no binding case law to give you help that I am aware of. So you are 100% subject to laws of the State you are in with respect to magazines and ammunition. And its likely that a hotel stop in one of the States that bans the evil firearms you might have is problematic from a FOPA point of view. You can research the law in the States you are concerned about to see if they might have an exception that applies to you (for example grandfathering might be a provision). But I would not take a prohibited magazine into any State where it is banned without confirming that you are exempt from that law.

The paranoid approach would be to box up all magazines greater in capacity than allowed in the most restrictive state you will transition and ship them to yourself at the destination where you can legally possess them.

A time consuming and expensive approach would be to find lawyers well versed in each “questionable” state’s laws and have them explain to you, highlighting the appropriate code sections, whether or not you can go there legally. If you choose this path, take printed sections of the code with you and highlight relevant passages.

An “I’m comfortable I can get away with it approach” might be to secure everything in suitcases, burying any questionable mags deep, padding the suitcases so they don’t rattle, and making sure to have stinky gym clothes on top anything you’re worried about. . Of course this includes making sure your vehicle and your driving are 110% as suggested earlier.

The first approach is very low stress. The second sounds like a pain in the neck. The third might be quick and easy or a nightmare. It all depends on your comfort level.

I know people in CA who have been stopped with 30 round “LE only marked” mags*, had a nice visit talking with the stopping officer about guns, and went on their way. Personally, I wouldn’t want to chance an encounter with a “by the book” LEO, but we all have different comfort levels.

*At that point, prior to Judge Benitez’ “Freedom Week”, there was no way that a non-LEO could have legally had those magazines in CA.

Maybe ups them to a friend at your destination? As long as you aren’t shipping firearms, just components, that shouldn’t cost too much and eliminates any potential problems.

Your first suggestion is not a paranoid one, its really the only one that makes sense if you don't want to research the individual States. You don't need a lawyer to do that, but you have to do the work.

No handgun magazine restrictions anywhere in IL.
Rifles yes.
If you have a CCW permit from another state you can still carry your out of state CCW in IL. as long as you don't exit your car with it.