Transporting firearms across state lines

Discussion in 'General Weapons Discussion' started by Grenadier, Oct 25, 2007.

  1. Grenadier

    Grenadier Administrator Staff Member

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    Just thought I'd post a bit of info on this matter, since some folks have insisted that it's unlawful, while others say there are no such restrictions.

    The law can be viewed here:

    http://www.gunlawnews.org/FOPA-86.html


    In a nutshell, as long as you are travelling between states where your ownership of a particular firearm is legal, then you can keep them in the trunk of your vehicle, unloaded, and locked, and not have to worry about prosecution.

    This assumes, of course, that you are not going to stop in a prohibited state for a significant period of time. Therefore, stopping for food / gas is fine, but stopping there for a vacation is not allowed.

    No state or city law may pre-empt this, as this was part of the "Safe Passage" act. Anyone who tells you that you can't pass through their town because they forbid your lawfully owned firearms is either ignorant of the law, or lying through his tooth.

    Thus, if I had my handgun collection in the trunk of my car, locked away, and unloaded, and were driving from Florida to Maine, and passed through Washington D.C. and New York City (places where handguns are all but forbidden), it would be perfectly legal to do so, as long as I were simply passing through those cities.

    There is no need to re-route your journey for legal reasons. If you want to boycott those cities for personal reasons, though, that's your choice.
     
  2. Cruentus

    Cruentus Grandmaster

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    Excellent link and info!
     
  3. 5rings

    5rings Yellow Belt

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    This is good information....very helpful, thanks for the post!
    Always try to think outside the Traditional Box!
     
  4. Brian King

    Brian King Master Black Belt

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    The link is not working for me. Does anybody have a better link? Need to go through California (a seminar in one part of that state and private lesson in another) on my way to Arizona for some shooting/seminar. Will be in California for 4 or 5 days. What counts as significant amount of time?

    Thanks
    Regards
    Brian King
     
  5. dbell

    dbell Blue Belt

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    According to my attorney, as long as you are there for business, have the guns legally, have them in a locked hard case (not soft and/or unlocked) and in the trunk you can stay in California for as long as your meetings require you to be in the state. You should not be taking them out to show people, to carry about, etc.
     
  6. LuckyKBoxer

    LuckyKBoxer Master Black Belt

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    I actually need to become a little more familiar with the law regarding it, maybe someone here can point me in the right direction.

    If I live in California and Have preban guns that are legally registered with the DOJ, and legal for me to own and use at firing ranges in California, how is the law in regards to say transporting them to Arizona on a visit to shoot, and then transporting them back to my home in California after the fact?

    I have been hesitant to do so, because the last I heard it would in fact remove the guns as being legally owned in california if I took them out of state.

    Anyone have any information regarding this specifically?

    Thanks
     
  7. dbell

    dbell Blue Belt

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    This is a totally different question than the OP on traveling with firearms. I'll call my attorney tomorrow and get back with you ASAP after that.
     
  8. dbell

    dbell Blue Belt

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    Decided it was early enough to call him now anyway...

    According to CA Statues 12280-12285 as long as the weapons (assuming assault weapons?) are registered with CDOJ, you have that paper work with you as you travel in/out of CA, they do not loose their status.

    If you MOVE out of state, then move back in, you must re-register, and may not be accepted, and must have proof of ownership prior to June 1, 1989. (And prior registration, with correct make and model/etc, may count as proof of prior ownership.)

    Have fun on your trip(s)! :)
     
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  9. LuckyKBoxer

    LuckyKBoxer Master Black Belt

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    Thanks Don!
    I am grabbing those statutes, and I appreciate your response!
     
  10. Carol

    Carol Crazy like a...

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    I didn't realize this. As I live on the Mass. border, this is quite helpful :)
     
  11. lhommedieu

    lhommedieu Black Belt

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    I recently traveled from PA to NY via CT and took the Long Island Ferry from CT to NY on the last leg of my trip. I was traveling with two long guns with which I was doing some target shooting in PA and returned back home in NY a week later. I'm a NYS resident and permits are not required for long guns in Suffolk County where I live. I had two concerns along the way:

    1. While staying at my sister's house in CT I didn't want to leave my guns in the car and so put them in her house for my 2 day stay. My issue is that they were simply more secure locked up in the house than in the open-back "trunk" of my Chevy Blazer. Anyone know whether I'm skirting any legal issues here? I mean, why would I leave my guns in the car where they're less secure than in the house?

    2. I took note that on the Long Island Ferry website, while there are no specific prohibitions against traveling with firearms, there are some notices to the effect that your vehicle is subject to searches with your permission and if you deny permission then they can tell you that you can't ride the ferry. These would appear to be post 9-11 rules. Of course, I would have no reason to deny a search (let's leave 4th Amendment concerns to the side, for the moment) since I know that I'm transporting my guns legally. I presume that I'm not breaking any laws because the ferry system is technically part of the interstate transportation system (i.e. I'm following the same transport rules on the ferry that I am for the highway). On the other hand, I didn't want to risk adding an hour or two (or more) to my trip simply because someone didn't understand the same laws that I do.

    Anyone have any experience with my concerns, above?

    Best,

    Steve
     
  12. jacksmall

    jacksmall White Belt

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    I would love to see a federal set of laws re. firearms. The variations in the state-to-state, city-to-city laws are exhausting.
     
  13. gpseymour

    gpseymour Sr. Grandmaster

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    At the risk of being told I'm drifting into political territory, IMO the US has been a stable unit long enough for a reformation of the system, standardizing more across the entire Union. At the founding, travel was difficult (compared to today) and relatively infrequent (again, compared to today). The differences between states mattered more, and were less inconvenient than they are today. I can (and have done so) drive across several states in a single day. I think my biggest number is 10 in a day. That's 1/5 of the country's divisions (not counting territories or DC), and a huge range of laws in a single drive. Our country is not in the same situation today it was in the late 18th century.
     
  14. ShortBridge

    ShortBridge Brown Belt

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    I have plans to drive from Texas to Oklahoma with my Remington Model 6 .22 later this month...I think I'll be okay. :)
     
  15. CB Jones

    CB Jones Senior Master

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    For anyone traveling to Louisiana....

    Your vehicle is an extension of you home and you don't need any permits to have a gun stored anywhere in your vehicle concealed or not concealed.

    You are also allowed to have said gun loaded.
     
  16. PhotonGuy

    PhotonGuy Senior Master

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    You could avoid going through D.C. and NYC but you're stuck with having to go through New York State if you want to drive from Florida to Maine. Its a question of the route you want to take. The most direct routes from FL to ME go through NJ which is even worse than NY. Being from NJ my advice would be to either avoid NJ completely or if you are going to go through NJ avoid being pulled over at all costs. Drive only during the day in NJ and if possible in heavy traffic. NJ has no shortage of heavy traffic and when you don't want to get pulled over that is one of the few times when heavy traffic is good. I would even suggest driving during rush hour if you can arrange your schedule so that you will be in NJ during that time. Also, big trucks are good. Even with the "Safe Passage" act you might still be harassed, humiliated, and arrested in NJ. Even if you end up getting off you will still have to go though a legal nightmare. So I would say to either avoid NJ as well as D.C. or follow the advice I mention.
     
  17. Kung Fu Wang

    Kung Fu Wang Grandmaster

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    traveling with firearms.

    Why do you want to carry a firearm if

    - it's not loaded, and
    - you can't reach it when you need?
     
    Last edited: Feb 26, 2017
  18. gpseymour

    gpseymour Sr. Grandmaster

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    So you have it available at the other end of the journey, perhaps.
     
  19. Kung Fu Wang

    Kung Fu Wang Grandmaster

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    How do you know that your current trip won't require you to use your firearm? What if something happen during that trip and that will be the last trip that you will ever have in your life time?

    When you drive from Miami to San Francisco, during that 5 days trip you will have much better chance to use your firearm than when you cross the Golden Gate Bridge from San Francisco to Oakland during that 2 hours trip.

    Is there anything wrong with my "logic" here?
     
    Last edited: Feb 26, 2017
  20. gpseymour

    gpseymour Sr. Grandmaster

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    Nothing wrong with that, at all. I'm just pointing out that, even if you can't have it available during the drive, you might want it at the other end. I've made that choice in the past, when passing through states where my CCW at the time wasn't valid (so I had to keep it locked up and unloaded).
     

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