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As I'm riding the shuttle back to my car at O'Hare, an issue came to mind having to do with the "can I transport where I'm not allowed to carry" question. It occurred to me that if we're not allowed to transport unloaded and enclosed in a case in prohibited locations such as hospitals, airports, bars, etc., then it is now impossible for me I check a firearm for a flight.

 

I know some see it one way and some another, but interesting to consider.

 

 

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As I'm riding the shuttle back to my car at O'Hare, an issue came to mind having to do with the "can I transport where I'm not allowed to carry" question. It occurred to me that if we're not allowed to transport unloaded and enclosed in a case in prohibited locations such as hospitals, airports, bars, etc., then it is now impossible for me I check a firearm for a flight. I know some see it one way and some another, but interesting to consider. Sent from my iPhone using Tapatalk

 

That is why unloaded, cased and valid FOID card is valid, otherwise you have a functional ban on transport also.

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I've flown around the world with firearms. Since the FCCL law, I've flown to Thailand as well as Jamaica (for IPSC competitions) and haven't had any problem transporting my cased and unloaded firearm through the NON-SECURE areas of the airport. When my form 4457 (temporary export of personal effects taken abroad) became illegible, I took firearms to the Customs and Boarder Patrol office in Terminal 5. They confirmed the serial number and issued me a new 4457. Never even asked for a FOID.

Just my personal experience, your mileage may vary. That said, I do like Big D's idea of added insulation by converting from a firearm to firearm parts. While it's not required, it may help ease the anxiety of those unfamiliar with firearms and afraid of inanimate objects.

- chip

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I've flown around the world with firearms. Since the FCCL law, I've flown to Thailand as well as Jamaica (for IPSC competitions) and haven't had any problem transporting my cased and unloaded firearm through the NON-SECURE areas of the airport. When my form 4457 (temporary export of personal effects taken abroad) became illegible, I took firearms to the Customs and Boarder Patrol office in Terminal 5. They confirmed the serial number and issued me a new 4457. Never even asked for a FOID.

Just my personal experience, your mileage may vary. That said, I do like Big D's idea of added insulation by converting from a firearm to firearm parts. While it's not required, it may help ease the anxiety of those unfamiliar with firearms and afraid of inanimate objects.

- chip

Only time I've had to deal with that anxiety was the customer behind me flipping out in Salt Lake City June 2013 as I was checking in for a flight to Chicago. Utah was the last place I expected a freakout.
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I'm planning to take my CCW to San Antonio, flying out of St. Louis, and want to ride the MetroLink from IL to the airport. Anyone know how I can do this legally?

 

"Transport" on the IL side of the river is one thing... but possession of a firearm on the MetroLink is considered a Class A misdemeanor in MO. (By the way, it's a class C felony on a bus in MO... and you all thought IL was rough...)

 

If I disassemble it into a non-functioning state like BIGDEESUL suggests, will this fly (no pun intended) in MO?

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Disassemble it in a non functioning manner like removing the slide from the frame, and it will no longer meet the definition of "concealed firearm" per FCCA, and you have nothing to worry about. Therefore not impossible for you to check in your firearm for a flight.

There is no difference under IL law if the gun is A: in broken down into a non-functioning state or B: is not immediately accessible or C: is unloaded and in a case and you have a valid FOID. The exception under 24-2 (i) is the same exemption.

A waste of time to disassemble.

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I'm planning to take my CCW to San Antonio, flying out of St. Louis, and want to ride the MetroLink from IL to the airport. Anyone know how I can do this legally? "Transport" on the IL side of the river is one thing... but possession of a firearm on the MetroLink is considered a Class A misdemeanor in MO. (By the way, it's a class C felony on a bus in MO... and you all thought IL was rough...) If I disassemble it into a non-functioning state like BIGDEESUL suggests, will this fly (no pun intended) in MO?

Please link the RSMO on the Metrolink gun law that makes this a misdemeanor. I know the RSMO for the Bus Hijacking law that makes the possession of the gun a felony.

Since the trip is covered by the FOPA (you are traveling from one jurisdiction where the gun is legal to another), the firearm is placed into a locked container during transport and FOPA overrides MO law.

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Disassemble it in a non functioning manner like removing the slide from the frame, and it will no longer meet the definition of "concealed firearm" per FCCA, and you have nothing to worry about. Therefore not impossible for you to check in your firearm for a flight.

 

 

There is no difference under IL law if the gun is A: in broken down into a non-functioning state or B: is not immediately accessible or C: is unloaded and in a case and you have a valid FOID. The exception under 24-2 (i) is the same exemption.

A waste of time to disassemble.

 

Just to point out (and not that I agree), but the reason some feel that that is prohibited is that the carry law doesn't specify in the definition of carrying concealed that the gun is loaded - it says loaded or unloaded. So the argument is that if you have your license, you are carrying - and that somehow trumps the transport laws under the FOID.

 

I certainly don't believe that to be the intent or the case, but it's the dynamic that I feel could stand to be made more clear is all.

 

 

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Please link the RSMO on the Metrolink gun law that makes this a misdemeanor. I know the RSMO for the Bus Hijacking law that makes the possession of the gun a felony.

Since the trip is covered by the FOPA (you are traveling from one jurisdiction where the gun is legal to another), the firearm is placed into a locked container during transport and FOPA overrides MO law.

 

See RSMO 70.441.3(11) regarding restrictions on weapons on the MetroLink and 70.441.4(1) which defines the charge as a misdemeanor.

 

http://www.moga.mo.gov/statutes/C000-099/0700000441.HTM

 

 

RSMO 578.305 is the "bus hijacking" rule and imposes felony charges for boarding any bus in MO with a firearm.

 

[url=http://www.moga.mo.gov/statutes/c500-599/5780000305.htm]http://www.moga.mo.gov/statutes/c500-599/5780000305.htm

 

 

However, the MetroLink does not meet the definition of a bus. Post #16 in this thread over on the Missouri Carry forum explains it very well, with supporting references:

 

 

http://www.missouricarry.com/forums/showthread.php?t=70684&highlight=MetroLink&page=2"]http://www.missouricarry.com/forums/showthread.php?t=70684&highlight=MetroLink&page=2

 

 

I hadn't considered the FOPA angle, mainly since I've always interpreted it in the context of driving my own vehicle. I'll look into that. Thanks!

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See RSMO 70.441.3(11) regarding restrictions on weapons on the MetroLink and 70.441.4(1) which defines the charge as a misdemeanor.

 

http://www.moga.mo.gov/statutes/C000-099/0700000441.HTM

 

 

RSMO 578.305 is the "bus hijacking" rule and imposes felony charges for boarding any bus in MO with a firearm.

 

[url=http://www.moga.mo.gov/statutes/c500-599/5780000305.htm]http://www.moga.mo.gov/statutes/c500-599/5780000305.htm

 

 

However, the MetroLink does not meet the definition of a bus. Post #16 in this thread over on the Missouri Carry forum explains it very well, with supporting references:

 

 

http://www.missouricarry.com/forums/showthread.php?t=70684&highlight=MetroLink&page=2"]http://www.missouricarry.com/forums/showthread.php?t=70684&highlight=MetroLink&page=2

 

 

I hadn't considered the FOPA angle, mainly since I've always interpreted it in the context of driving my own vehicle. I'll look into that. Thanks!

 

 

(11) No weapon or other instrument intended for use as a weapon may be carried in or on any facility or conveyance, except for law enforcement personnel. For the purposes hereof, a weapon shall include, but not be limited to, a firearm, switchblade knife, sword, or any instrument of any kind known as blackjack, billy club, club, sandbag, metal knuckles, leather bands studded with metal, wood impregnated with metal filings or razor blades; except that this subdivision shall not apply to a rifle or shotgun which is unloaded and carried in any enclosed case, box or other container which completely conceals the item from view and identification as a weapon;

Interesting that handguns are covered by this in spite of unloaded and in a case.

 

 

4. (1) Unless a greater penalty is otherwise provided by the laws of the state, any violation of this section shall constitute a misdemeanor, and any person committing a violation thereof shall be subject to arrest and, upon conviction in a court of competent jurisdiction, shall pay a fine in an amount not less than twenty-five dollars and no greater than two hundred fifty dollars per violation, in addition to court costs. Any default in the payment of a fine imposed pursuant to this section without good cause shall result in imprisonment for not more than thirty days;

 

(2) Unless a greater penalty is provided by the laws of the state, any person convicted a second or subsequent time for the same offense under this section shall be guilty of a misdemeanor and sentenced to pay a fine of not less than fifty dollars nor more than five hundred dollars in addition to court costs, or to undergo imprisonment for up to sixty days, or both such fine and imprisonment;

At least if you pay your fine there is no possibility of jail time.

 

On the FOPA subject, there is a letter out there that was a official response to a US Representative that dealt with someone flying out of a NY airport, where they drove in and switched modes from car to airplane to get to their destination. The letter said that was OK if the gun was unloaded and cased and locked and they were going straight from the parking lot to the terminal.

http://www.gunthorp.com/Don%20Young%20airport%20letter.pdf

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