cross state firearm transport question
AndyM
February 18, 2004, 03:06 PM
Folks,
my dad lives in MA. I live in PA.
If he wants to bring some pistols down with him when he comes to vist, what does he have to do?
Why would he want to bring down pistols?
Just so we can go to the range. This isn't for hunting or any specific event.
Does he have to get permits from each state or anything like that?
where can I go to find out information like this?
Also, what happens if you cross a state where a particular firearm is unapproved or illegal?
Thanks
andy
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Jonesy9
February 18, 2004, 03:13 PM
www.packing.org
just unload them, stick them in locked cases with the ammo seperated and put it all in the trunk.
going from MA to PA means crossing NY. Don't know of anything illegal in upstate NY or in PA. Unless he's got unregistered Class 3 machine guns he should be fine.
HankB
February 18, 2004, 03:15 PM
As I understand it, the Firearms Owner's Protection Act allows for interstate transport of firearms through all jurisdictions as long as the person doing the transporting may legally possess them at both origin and destination. I'm not clear on whether or not one may stop overnight at some intermediate point and still be protected by this law.
And that assumes the local constabulary are themselves familiar with the law - by no means a sure thing.
If he drives carefully, maintains a low profile (no "pro-gun" bumper stickers) and has the guns cased, unloaded, and locked in the trunk, he should be OK.
AJ Dual
February 18, 2004, 03:26 PM
Under the Firearm Owner's Protection act, you are Federally immune from prosecution driving firearms through multiple states as long as it's a continuous journey, and the firearms are legal in the orign and destination states.
So thereoretically you are legal driving from Wisconsin through downtown Chicago on I-94 with a trunk full of machineguns (NFA registered of course) and handguns (bought and owned legally in WI) to the Knob Creek shoot in Kentucky.
That's not to say that you wouldn't still spend lots of time and money getting yourself out of the klink getting that law applied to your situation in Chicago should you be pulled over, but it is there on the books and is the law of the land.
S. 49 as introduced provided that any provision of state or local law "which prohibits or has the effect of prohibiting the transportation of a firearm or ammunition in interstate commerce through such state, when such firearm is unloaded and not readily accessible, [Page 677] shall be null and void."489 On the Senate floor, an amendment was accepted which changed this in two respects: (1) the protection was extended only to persons not prohibited by the Gun Control Act from transporting, shipping or receiving a firearm; and (2) the provision that an infringing law was to be null and void was dropped in favor of a simpler declaration that the transportation was allowed notwithstanding any such law.
AndyM
February 18, 2004, 03:31 PM
Wow...
Thanks for the the quick replies. This is great information. I'll pass it along.
Thanks for the link to packing.org. I had forgotten about that site.
-andy
dav
February 18, 2004, 05:34 PM
AJ Dual wrote:
... of a firearm or ammunition in interstate commerce ... Excuse my ignorance or naivete, but does this say what it looks like?
That the firearms in question must be being bought/sold in order to be protected?
That the instance under discussion (transporting for use) is not actually covered by this act? :confused:
Hkmp5sd
February 18, 2004, 05:40 PM
interstate commerce ...
That's the old way it was written, so UPS and FedEx could transport firearms through anti states. The protection act expanded that to include any person that can legally own a firearm and any firearm that is legal at both the start and end of the trip may be taken through states that do not allow firearms.
Brad Johnson
February 18, 2004, 07:28 PM
See item B7 on the ATF(E) web page. (http://www.atf.gov/firearms/faq/faq2.htm#B6)
Brad
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