Author Topic: Going to Colorado, Wyoming, Montana, Arizona and New Mexico  (Read 1010 times)

chay1950

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I'm preparing for a road trip that will carry me through 10 States. Some of them have no reciprocity agreements with Texas, so I'll keep my handgun locked away. I've also watched the video concerning Colorado and the use of deadly force. I have not found anything concerning the carry laws in Wyoming, Montana, Arizona and New Mexico. Has USLawShield made any videos about these States? Or, can you point me in the direction to find the information I need? Thank you.

TexasLawShield

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Re: Going to Colorado, Wyoming, Montana, Arizona and New Mexico
« Reply #1 on: August 01, 2018, 09:37:24 AM »
Chay1950:

It sounds like you have a Texas resident License to Carry a Handgun. If you do then there is good news: the states you listed—Wyoming, Montana, Arizona and New Mexico—all have reciprocity with Texas. Generally, that means you can carry a loaded concealed handgun in your vehicle and on your person in public areas not otherwise restricted. These states also allow open carry.

If you do not have a license to carry, then travelling becomes a bit more restrictive. In that case, please call Member Services and ask to speak to an attorney.

Keep in mind, when you are in another state, you are subject to that state’s laws. There is no standardization of gun laws within the 50 individual states. So be careful, even states that are thought of as “gun friendly” can have peculiar quirks in their firearm laws. For instance, although Colorado recognizes a Texas resident LTC, it has a 15 round magazine capacity limit statewide and certain municipalities also restrict open carry and assault weapons. New Mexico recognizes any no gun sign as having the force of law and only allows permittees to carry one handgun at a time.

As you can see there are many items of concern when travelling. For that reason, we encourage you to call Member Services and ask to speak to an independent program attorney. They will help guide you through the various legal issues involved with travelling to other states.

You also mentioned you are travelling though states that do not have reciprocity with Texas (we will call them hostile states). There is a section of federal law, often called the “safe passage” provision, that allows individuals who are legally in possession of firearms in their state (the starting point of traveling) to travel through hostile states only if they are going to a state where they can legally possess their gun (the destination). 18 U.S.C. § 926A. There are specific requirements for the federal law to be applicable.

The first requirement to qualify for the federal Safe Passage provision is that throughout the duration of the trip through the hostile state, your firearm must be unloaded and locked in your trunk, or locked in a container that is out of reach or not readily accessible from the passenger compartment. You mentioned you would keep your firearm “locked away” but we want to be clear that means: 1) locked, 2) unloaded, 3) not readily accessible by the driver (i.e. in the trunk or behind the back seat).

Under the second requirement of the Safe Passage provision, your journey must start and end in states where your possession of the firearm is legal.

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. 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. If you do plan on stopping in a hostile state, like California for instance, it is important that you understand the firearms laws of that state. Because once you stop, state law takes over and you might be breaking the law.