Word of caution (first hand) about hunting Mexico now

[HankBuck]

This was nearly 25 years ago, but all the draconian NY, NJ, MA, etc. laws were in place. I was carrying in STRICT accordance to FEDERAL law which expressly SUPERCEDES ALL STATE LAWS (had a copy of the pertinent section of the federal code on my person at the time). That is why I said I was already carrying that way before I got to the border. As they say, I might not beat the ride (to the police station). but I would have beaten the rap (to prison.)

@mgstucson - You are referring to HR218 which is a Federal Law NEVER tested in a State Court so only in theory would you “eventually beat the rap” —- it’s never been done. Regardless, you better have millions $$$ to cover the extensive legal fees for your Defense Lawyers and Years of appeals — as you could lose in the Lower courts — until you get the case heard outside of NY. Be smarter then Brave and keep your out-of-state handgun OUT OF NY, NJ etc…. Put another way - would you advise Your children to go into NY with an out of state handgun? I would NEVER.

 

[Hombre]

I've hunted norther Mexico for going on 45 years for whitetail. Next to Africa, is my absolute favorite place in the world to hunt. Hunting giant whitetail deer in a pristine environment.
Dangerous, no doubt. I have my own set of rules that I NEVER break. I have never had a serious problem. Most of the time when I go to my lease I am by myself. I've had lots of interesting things happen so much so that I am writing a book about those events.
Maybe I'm a dumb naive guy but the ONLY place in the world I get nervous about is coming and going through Johannesburg. It all boils down to the fact I can sit at home, lock the doors and be safe and live a long life.......or I can enjoy life and the things it offers. Me, I'm going hunting.

 

[mgstucson]

@mgstucson - You are referring to HR218 which is a Federal Law NEVER tested in a State Court so only in theory would you “eventually beat the rap” —- it’s never been done. Regardless, you better have millions $$$ to cover the extensive legal fees for your Defense Lawyers and Years of appeals — as you could lose in the Lower courts — until you get the case heard outside of NY. Be smarter then Brave and keep your out-of-state handgun OUT OF NY, NJ etc…. Put another way - would you advise Your children to go into NY with an out of state handgun? I would NEVER.

Incorrect sir. You are grossly mistaken on all counts. HR218 refers to House of Representatives legislation under consideration, once it is passed it becomes law.

The law I am referring to was Senate Bill (not House of Representatives) 2414 as part of the 1986 Firearm Owners Protection Act (“FOPA”).

This law, often called the McClure-Volkmer Rule, is now affectionately referred to by the casual little moniker of:

United States Code - Title 18 - Section 926A

"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: 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."

Although most challenges arise from CA, NY, and NJ, it has be unsuccessfully challenged in many states. It has always stood up as long as the defendant has met EVERY STIPULATION of the statute. It has stood up to challenges so many times, you are highly unlikely to be arraigned if you meet all stipulations of the code, although you could get a free ride to the police station and 3 hots and a cot until the prosecutor tells the arresting officer he/she it full of sheep dip and to let you go and be really nice and contrite about it, and hope his/her department isn't sued for false arrest and imprisonment. Now if you don't meet ALL stipulations, you are likely to be arrested, arraigned, tried and convicted. Hope you have a good attorney, but not millions worth.

 

[HankBuck]

Incorrect sir. You are grossly mistaken on all counts. HR218 refers to House of Representatives legislation under consideration, once it is passed it becomes law.

The law I am referring to was Senate Bill (not House of Representatives) 2414 as part of the 1986 Firearm Owners Protection Act (“FOPA”).

This law, often called the McClure-Volkmer Rule, is now affectionately referred to by the casual little moniker of:

United States Code - Title 18 - Section 926A

"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: 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."

Although most challenges arise from CA, NY, and NJ, it has be unsuccessfully challenged in many states. It has always stood up as long as the defendant has met EVERY STIPULATION of the statute. It has stood up to challenges so many times, you are highly unlikely to be arraigned if you meet all stipulations of the code, although you could get a free ride to the police station and 3 hots and a cot until the prosecutor tells the arresting officer he/she it full of sheep dip and to let you go and be really nice and contrite about it, and hope his/her department isn't sued for false arrest and imprisonment. Now if you don't meet ALL stipulations, you are likely to be arrested, arraigned, tried and convicted. Hope you have a good attorney, but not millions worth.

@mgstucson - I will yield to you on the bill-law-title-code and your are likely correct but the wording in your above post…”transport a firearm for any lawful purpose….From anyplace…to any other place he may lawfully possess etc….” Only covers Transporting that firearm thru one State enroute to Another State where it may be lawful to “possess”. The Post I was discussing was where the Firearm Owner stopped and stayed in NY while visiting Niagara Falls (with a Handgun) and it was “staying” in NY——NOT “passing thru” that would cause the most problems.
Now, my very limited direct experience on this is only anecdotal: I was a NJ Resident, had permits for and registered NJ handguns. I also owned a house and property in upstate NY. I contacted the County Sherifs office and asked if I could legally bring my registered handgun to my house/property in NY and was told “Yes, that is no problem but let us double check and get back to you”. The next day got a call back from the Sherif and he said “sorry, I was wrong - our DA told us you can NOT have or use any handgun on your property including in your NY house”. He added that I could only “Drive directly thru the State enroute to another State where it was legal” (Maine). Even this Sherif was surprised and unaware that was the law, he also said “plenty of people do and we don’t enforce that law but the Legal answer is it’s “against the law”. I Never took any handgun into NY and Never will - Not worth the potential hassle.

 

[mgstucson]

I've hunted norther Mexico for going on 45 years for whitetail. Next to Africa, is my absolute favorite place in the world to hunt. Hunting giant whitetail deer in a pristine environment.
Dangerous, no doubt. I have my own set of rules that I NEVER break. I have never had a serious problem. Most of the time when I go to my lease I am by myself. I've had lots of interesting things happen so much so that I am writing a book about those events.
Maybe I'm a dumb naive guy but the ONLY place in the world I get nervous about is coming and going through Johannesburg. It all boils down to the fact I can sit at home, lock the doors and be safe and live a long life.......or I can enjoy life and the things it offers. Me, I'm going hunting.

I heard of a man who did a very similar thing for over twenty years hunting the same place and he was very comfortable there. A few years back, he didn't come home. He was never seen or heard from again, and when the family sent detectives to investigate the found the chief LEO in the closest little village to the hunting lease driving the man's pickup truck, which the man "sold" to him just prior to his untimely demise.