Ask The CCW Expert

Question: I will be traveling through Indiana, Illinois, Iowa, Nebraska,and Colorado this summer.  How is the best way to travel with a handgun.  I have a CCW in Ohio.  I plan on taking my gun with me because we are staying in a very remote area in a cabin.  Any response would be appreciated.

Answer: Indiana is the only state that recognizes your Ohio permit.  None of the other states recognize the Ohio permit.  The best way to transport your firearm to have it unloaded and cased.  This is the universally acceptable way to transport a firearm under federal law.  As long as you are engaging in a ‘peaceable journey’, this law protects you from inconsistency in state laws.

Regarding the requirements of the specific states, here is the breakdown:

Illinois - Firearms must be unloaded, cased and located in the trunk or storage compartment of the vehicle.

Iowa - Handguns may not be carried in a vehicle in a “loaded or accessible condition”.

Nebraska - Unloaded handguns may be transported in locked glove compartments.  Loaded handguns may be in plain view or stowed in the trunk.

Colorado - Firearms may be lawfully carried anywhere in a motor vehicle.  Handguns may be loaded.  Rifles and shotguns must be unloaded.

Question:  Hi Doug, I am a private gun owner and resident in the state of Maine.  An individual from a different state who I met on an online firearm forum expressed interest in my handgun, which I am trying to sell, but he wants me to send it through the mail.  I have no knowledge of the gun laws in Maine with respect to selling.  Can you tell me what I need to know about this.  Can I do it?  Do I need a FFL license? How do I protect myself?  Thanks.

Answer:  In any private party transaction involving firearms, if the transfer occurs across state lines, Federal law requires the transfer to occur on through a federally licensed firearms dealer.

You absolutely cannot legally send another individual in another state a firearm through the mail.  The issue is this.  In order for you to transfer the firearm to them legally, you must insure that they meet the legal requirements for firearms ownership in their state of residence.  The only way for you to do this legally is to have a federally licensed firearms dealer in their state of residence transfer it to them.  The receiving FFL will complete the BATF 4473 Transfer Record, do the required NICS check and insure that the buyer is permitted to own a handgun in their state of residence.

What you would need to do is have the buyer give you the name and contact information of an FFL (federally licensed dealer) where he can receive the firearm.  You should then contact the FFL and find out how you need to process the transaction with them.  Most will want you to send the firearm overnight via either UPS or FEDEX.  Most will accept it from you directly.  Occasionally, you’ll find one that will only accept a transfer from another FFL.

The buyer will probably have to pay a small fee to the receiving FFL to offset the cost of paperwork on the delivery end.  Usually it is only $20-$30.  The FFL will NOT receive payment for you.  You need to make payment arrangements with the buyer prior to shipping the gun.  I’d also recommend that you use some type of bill of sale so that you will have your own record of the transfer.  Many FFLs will have the buyer fill this out for you and return it to you if you provide them with form and a self addressed, stamped envelope.  Again, you need to speak to the FFL to see if they will do this for you.

That’s the correct process.  If you buyer is not willing to do it this way, it should be a major red flag for you…transfer of a firearm to someone who is not legally permitted to own one is a major crime (felony).

Question:  Are pellet guns legal in Pittsburgh, PA?

Answer:  In Pennsylvania, the sale and use of air guns or pellet guns are governed by state law.

In order to purchase a pellet gun in Pennsylvania, you need to be at least 18 years of age or older.  It is legal for you to have one given to you by a parent or guardian if you are under 18.

You should be aware of the specifics of the PA Uniform Firearms Act regarding pellet or air guns.  It states in part:

(1) It shall be unlawful for any person under 18 years of age to carry any air rifle on the highways or public lands unless accompanied by an adult, except that a person under 18 years of age may carry such Rifle unloaded in a suitable case or securely wrapped.

(2) It shall be unlawful for any person to discharge any air rifle from or across any highway or public land or any public place, except on a properly constructed target range.

There are a couple of exceptions:

(1) Nothing in this section shall make it unlawful for any person under 18 years of age to have in his possession any air rifle, if it is:

(i) kept within his domicile;

(ii) used by the person under 18 years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only, if said air rifle is actually being used in connection with the activities of said club, team or society under the super vision of a responsible adult; or

(iii) used in or on any private grounds or residence under circumstances when such air rifle can be fired, discharged or operated in such a manner as not to endanger persons or property, and then only, if it is used in such manner as to prevent the projectile from transversing any grounds or space outside the limits of such grounds or residence

The short version of what this is all saying is that you can only shoot it on your own property as long as the pellets don’t endanger anyone or go ‘off property’.  You can also legally shoot it at a range.  If you are under 18 you can only shoot it under adult supervision.

Regarding any specific limitations that the City of Pittsburgh might have in addition to the State laws, I cannot find anything, but to be sure, I’d check with the Pittsburgh police.  A quick call to the non-emergency number would probably do the trick.

Question:  Are non US citizen that own property in FL allowed to purchase and store a firearm at their US residence?  Is there any special training required or refresher course required to own a firearm if you are a non resident? Is there special storage considerations for a firearm in FL?  I currently live in Canada, but own property in FL and I am a registered restricted firearm (Pistol) owner in Canada.
Any help in this matter would be greatly appreciated.

Answer: Since this is largely a legal question, I have to make the disclaimer that I am not an attorney and do not give legal advice.  I would not suggest that you rely solely on my informed opinion, but seek out the advice of an attorney familiar with US immigration law.  That said, I will tell you what I know.

Your ability to purchase and possess a firearm in the US depends largely on your immigration status.  If you have resident alien status (green card) or immigrant alien status, you can purchase and maintain a firearm in your Florida residence.  If you are visiting the US as a non-resident alien, US law does not permit you to purchase a firearm in the US or be in possession of a firearm.  The only exception is if you are in possession of a valid US hunting license and bring a gun in with you.

For the complete law on the hunting license exception, you can check the following link:

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+18USC922

You should check part (y) (2) for the specifics.

If you are a resident alien, you must be able to provide evidence that you have been a resident of Florida for 90 days before you can purchase a firearm or ammunition.

Regarding storage, there are no special regulations but I would encourage you to lock any firearm up securely.  By this, I am talking about more than a trigger lock or something of that sort.  I am actually talking about putting inside a locking gun cabinet or safe.  If you are gone for long periods of time, a burglar would have plenty of time to ransack your house.  I don’t believe in making firearms easy for them to take…

Question:  I live in Oklahoma. I have a misdemeanor drug offense to which I plead guilty in 1978, for a small amount of pot (in NJ), $75.00 fine and no probation. The township where I was arrested did not find any record so I went through the NJ State Police.  I have the police report I got by requesting a background check using fingerprints.

Section 10 in the Oklahoma rules list any drug offense as disqualifying. However, Section 11 states that a drug offense is disqualifying for either 3 or 10 years (sorry I forget). Which section does the state go by? Either way it is way past that time period if Section 11 is the applicable section.

Two questions:
1.  Will I be able to get a permit in OK; which applies section 10 or 11?
2.  Should I include the paperwork I received from NJ in with my application to OSBI? (Will it save time or will it just complicate things?)

I have read and reread the law and I am at a loss. I hate to waste $100.00; I just want someone to tell me how the law is applied to cases like mine. Your help would be greatly appreciated!

Answer: First, I need to tell you that I am not an attorney.  I cannot give you legal advice about the law in Oklahoma.  If you want a definitive answer, you should consult an attorney that is licensed to practice law in Oklahoma.  That said, I’ll give you my opinion based on my reading of the Oklahoma law you cite.

In TITLE 21 § 1290.10. Mandatory preclusion, specifically 5(e) states that “any conviction relating to illegal drug use or possession” will result in the denial of a handgun license.

In TITLE 21 § 1290.11. Other preclusions, 10(e) states that:  “An arrest for an alleged commission of, a charge pending for, or the person is subject to the provisions of a deferred sentence or a deferred prosecution for any one or more of the following misdemeanor offenses in this state or another state:

a. any assault and battery which caused serious physical injury to the victim or any second or subsequent assault and battery,

b. any aggravated assault and battery,

c. any stalking pursuant to Section 1173 of this title, or a similar
law of another state,

d. any violation of the Protection from Domestic Abuse Act,
Section 60 et seq. of Title 22 of the Oklahoma Statutes, or any
violation of a victim protection order of another state,

e. any violation relating to illegal drug use or possession, or

f. an act of domestic abuse as defined by Section 644 of this title
or an act of domestic assault and battery or any comparable
acts under the law of another state.

The preclusive period for this paragraph shall be three (3) years and shall begin
upon the final determination of the matter.”

The difference between the two sections is essentially this:  In Section 10, the appropriate phrase is “conviction”.  In Section 11, the law references “arrest”. Based on my reading, if you are ‘convicted’, you will be denied.  If you are ‘arrested’ but are subject to deferred prosecution (charges dismissed ‘without prejudice’ would be an example), you cannot be issued a handgun license until 3 years after final disposition of the arrest.

Let me give you an example.  Let’s say you were arrested for drug possession, but never charged or tried or the charges were dismissed ‘without prejudice’. If it was a misdemeanor, the typical statute of limitations is one year.  That would mean that after one year, the prosecutor could no longer pursue the charges. Then it would be another 3 years before you could get a handgun license.

Unfortunately,  from what you have told me, you were actually ‘convicted’.  You plead ‘guilty’ and paid a fine.  By being ‘convicted’, section 10 states that you are ineligible for a handgun license in Oklahoma.

I know this seems a little unfair, but based on my reading of the law, that’s the way I see it.  Again, if you want something really authoritative, you should talk to a criminal attorney in Oklahoma…

Regarding the paperwork from New Jersey, if you submit it with an application, you are virtually guaranteeing that you will be denied.  If you were able to find the records, you can be pretty well assured that a criminal records specialist that is doing their job properly will also find it.

Of course, it is your decision whether you want to submit an application or not…

I hope this helps clarify the confusion…

Question:  Is there any way to find out if someone has a permit/license to carry a gun in their car or on their person?

Answer: The information on whether or not someone has a concealed carry permit is generally considered to be confidential information.  If you think about it, a person carrying a concealed weapon for personal defense or defense of their family would not want that information to be public as it could place them at grave personal risk.

In addition, since some people are actually opposed to private firearm ownership (despite the fact that it is a right guaranteed by the 2nd Amendment to the Constitution), such information could be used to discriminate against those persons that carry concealed weapons.

For example, Arizona takes this confidentiality seriously enough that a person is NOT required to volunteer the fact that they have a CCW permit to a law enforcement officer.  However, if the officer asks, the person is required to answer truthfully.  When the officer checks the driver license info through his or her computer, the fact that they have a permit will come up, but that is not public information.  It is available only to law enforcement officers.

If the person is someone you know well, I’d suggest that you simply ask them.  If you don’t know them well, you could certainly still ask, but you might be told that it is “none of your business”.  If you believe they are in violation of the law and carrying a concealed weapon illegally, you can always report them to law enforcement.  Just be aware that unless there is evidence of an illegal act or unless there is ‘probable cause’ to believe that an illegal act has occurred, there is very little the police can do.

Question:  I am interested in obtaining my Oklahoma CCW.  I’ve had the class and am ready to go.  I have one problem.  In 1993, I was accused of an incident involving touching the babysitter.  She was a girl with a bad family life, etc., and was looking for attention.  (In short, I didn’t do it).

I was charged with a misdemeanor of “sexual battery”.  The charging detective said that she didn’t believe I had done it, but because there was a claim, she HAD to press the charge - that was policy.  I plead it out and received a $500 fine.  I was never on any sexual offenders list or anything like that.

My question is, will this prevent me from purchasing a firearm (federally) and obtaining an Oklahoma CCW?  As far as I can tell from reading the actual law, it won’t.  However, people make this decision (not machines) and this looks much worse than it is.

Answer: After doing some research on Oklahoma law I think I can give you an answer.  I need to state right up front that nothing contained in this answer should be construed as ‘legal advice’.  I am not an attorney and I am not licensed to practice law.  I am simply providing you with an informed layman’s opinion.  If you are looking for ‘legal advice’, you should contact a lawyer in Oklahoma that is familiar with criminal law.

Based on what I can tell from my research, your application can only be denied on the basis of either a domestic violence conviction or a felony conviction. Typically, domestic violence is partially defined as violence or abuse between family members or intimate domestic partners.  In my view, your misdemeanor ’sexual battery’ charge would not be considered to be ‘domestic violence’.

Since you were not convicted of either a felony or misdemeanor domestic violence offense, I would agree with your assessment that you should not have a problem either purchasing a firearm or obtaining an OK CCW permit.

Question: Which affordable handgun can you recommend for a single Mom with two teenage sons in AZ? I would also like to carry it with me outside of my home - so it would need to fit into a purse. I own a single shot 12 gauge shotgun which I used to train my Labrador Retriever but feel it is not a good choice for self defense and have only used it with poppers. Do you recommend that I also have my sons (15 and 17) trained in gun safety, and that I take a class in shooting a handgun - I have only shot rifles and shot guns - and an Uzi. I’m unfamiliar with handguns in general.

Answer: Since I have no idea of what your economic circumstances are, I really don’t know what ‘affordable’ means to you.  There are people that make enough money out there that think Glocks are ‘inexpensive’ at $500.  I’ll try to give you a couple of recommendations to check out and you can make a selection based on what might work for you.

First,  I would definitely recommend that you get some good handgun training.  It should be possible to find a good NRA Basic Pistol course in your area.  It will give you a good grounding in just about everything you need to know for shooting a handgun.  It covers pretty much everything from basic firearms safety, marksmanship fundamentals, how to handle the gun and how to clean and maintain it.  Since your boys are older, you might even encourage them to take the the class with you.  Whether they take the Basic Pistol class or not, gun safety training is a must for them if you have firearms in the house.

Honestly, in my opinion, your shotgun is the best home defense option out there.  I strongly recommend using a shotgun for home  defense and using a handgun for personal defense when you are not home.  The 12 gauge has the advantage of being a ‘one shot stop’ against a burglar or intruder.  A pistol would very likely not give you this advantage.  Also, if it is a pump shotgun, I like the fact that I can have a shell with birdshot in the chamber for less lethal needs, but can quickly rack a shell with buckshot into the gun if I need something more powerful.

On the other hand, since most people don’t carry shotguns with them as they go through daily life, the pistol is much more likely to be ‘with you’ if you need a personal defense solution as you go about your normal business.

There are any number of small semi-auto pistols or small revolvers that are good solutions for personal defense.  I personally like the Kel-Tec P3AT which is a small .380 caliber semi auto.  It is compact, highly concealable and has a magazine capacity of 6 rounds, plus one in the chamber.  I have found it to be accurate and reliable.  It retails for between $275 and $300.  It is a great pocket defense gun, but not one I would recommend if you plan to shoot a lot practice rounds through it.

I have also found that a small revolver is a good solution for personal protection.  Smith & Wesson and Taurus make very nice guns.  They are a bit more expensive, but also highly reliable and easy to operate.  S&W makes several models designed for women under the name of “Lady Smith”.  The issue with the snubbie revolvers is that while concealable, they have a low ammo capacity and a long, fairly stiff trigger pull.  While this long trigger pull is good from a safety perspective, sometimes people with weak hands have difficulty with the trigger pull.  The other issue is that the gun will not be especially accurate in untrained hands once you get past around 7 yards from the target.

If you can afford it, another great solution is the Glock 26 subcompact in 9mm.  It is small and concealable, has a magazine capacity of 10 rounds, plus one  in the chamber, is easy to shoot well and nearly impossible to break.  One of the things I like about the Glock pistol is its utter reliability.  It is also accurate at ranges to 10 yards and beyond.  I also like the consistent and moderate trigger pull.  It is much easier to shoot than most revolvers (In my opinion…).

Whatever handgun you select.  Make sure it is absolutely RELIABLE.  I cannot stress this enough.  In terms of caliber, while I would not go below a .380 caliber, choose the largest caliber that you can shoot well.  Well placed hits in a smaller caliber are better than misses.  Also, make sure that the gun fits your hand. Depending on your physical size, some will fit better than others.  Try not to be tempted by ‘bargain’ pistols.  They rarely are a good choice…stick with a well know manufacturer and a standard caliber.

Question:  I have a Springfield XD Tactical in .40 S&W.  I guess it was made in 2002 or 2003.  It came with 10 rd. clips but I expect that is because it was purchased in another state.  I expect to use it for home defense with hollow points.  I’ve been looking for an on-line review of that model and wonder if you know where I can find one?  Would it essentially be about the same as a later polymers or even compact XD (like on Guns and Ammo Magazine website)?  Is plinking with ball the cheapest way to get familiar with it? How about using wad cutters? If it were you would you leave a round in the chamber?  What about the safety of doing so as a routine?
Answer:

Your Springfield XD Tactical is an outstanding gun.  While I have not shot that specific gun, I have extensive experience with the XD in the 4′ barrel.  The longer barrel of the Tactical gives an extended sight radius over the shorter barrel versions which for most people results in greater accuracy.

Basically, all the XD’s share the same characteristics, trigger safety, grip safety, chamber loaded indicator, firing pin interlock (drop safety) and a visible indicator that the striker is set.  The versions of the gun that I have shot perform flawlessly and are extremely accurate.

The only possible nit I can pick is that if you have small hands the grip might be a little large which is also the case with the larger caliber Glock pistols.  This is only due to the double stack magazine.  It is a small price to pay for ammo capacity in my opinion.

As far as magazines, higher capacity versions are available at reasonable prices online.  The high caps for the .40 caliber hold 12 round, plus one in the chamber giving you a total of 13 rounds.

Since these guns are not picky at all about the ammo they eat, I’d definitely recommend an inexpensive jacketed ball ammo for plinking.  I would not shoot unjacketed ammo through any high quality semi-auto pistol to prevent the possibility of lead build up in the lands and grooves of the barrel.

These guns are absolutely safe to leave a round in the chamber due to the multiple safety devices (trigger, drop safety and grip safety).  In fact, I wouldn’t even think about carrying a pistol of this type without a round in the chamber.  If you need it, seconds will count and having to rack the slide to chamber a round could mean the difference between winning and losing the gunfight.

I also really like the trigger on this gun.  It is very consistent and not difficult to shoot well with at all.  I suspect that with your firearms experience, you will find it a pleasant gun to shoot.

As far as reviews, I think if you do a Google search on Springfield XD Tactical pistols, you’ll find several commentaries out there.  There is not a single one that I have found that says anything negative about the XD.  In my book, it is a highly recommended handgun!

Question:  I want to buy a semi auto and am looking at the Glock 23 for personal protection. It’s my first pistol. I know I don’t want a DAO but is a double single my only other option? What’s the deal with a concealed hammers?  What is the safety/decocking feature I have heard about?

Answer:

Lots of questions here, but let’s take them one at a time.

First, the Glock 23 is an excellent pistol for personal protection.  The .40 caliber S&W cartridge provides a combination of higher velocity and a larger bullet which makes for excellent stopping power.  There is a reason that the FBI and US Marshals both like the Glock 23.  The Glock 23 also is small enough to conceal effectively while being large enough to get a good firing grip easily.

Regarding the action, Glock uses what is called a ’safe action’ trigger.  There is no external safety on the Glock.  The small tab in the trigger assembly must be pressed (along with the trigger) to cause the gun to fire.  Also, as you noted, the Glock has no external hammer.  This is really not a big deal one way or the other, but it is one less thing to get hung up on as you draw a pistol from concealment.

The primary advantages of the Glock are:

1.  Utter reliability - you can do nearly anything to the gun and it will still shoot.

2.  Consistent trigger pull - it is the same trigger pull every time.  This is an advantage for people that are not going to practice all that much.  Double / Single action guns require that you ‘educate’ your trigger finger to make two different pulls.  I have a friend who cannot figure out his H&K P2000’s trigger.  His single action shots are fine, but he has a problem with accuracy on the double action.  He likes his Glock much better.

3.  Universal availability of accessories - you can get Glock parts, holsters and mags nearly anywhere.

4.  Ease of maintenance - all you need to do is field strip and occasionally clean a Glock.  They are not especially finicky about being cleaned regularly like some types of pistols can be.

Regarding action options, there are double action only, double / single actions, and single action only.  From the standpoint of concealed carry, if you are going to practice a lot and become proficient with your gun, action type is personal preference.

If you AREN’T going to practice a lot and really get familiar with your gun, DAO is a good choice.  The trigger pull will be consistent from shot to shot and you will get an extra margin of safety from the heavier trigger pull.

Regarding safety / decocking features, different guns have different approaches to safeties.

1.  A single action 1911 type pistol has two safeties (thumb and grip) but no decocker.

2.  My H&K USP Compact has a thumb safety and decocker.  Flip the safety lever to the top, safety is on.  Flip it down, safety is off.  Press the safety lever all the way down and it decocks the pistol putting it back in double action mode.

3.  SIG’s and some other pistols have no safety, but have decockers.  The first shot is fired in double action, with subsequent shots in single action.  Before returning the gun to the holster, the pistol’s decocking lever is depressed, dropping the hammer and returning the pistol to double action mode.

The type of action is really up to you…but make sure you are willing to invest the time to learn to shoot the gun properly if you go with something other than a DAO.

Honestly, for a first pistol, the Glock is not a bad choice.  I think you would be well served by it.