Transporting a rifle w/ hi cap mags (IL from ME)

[wlemay]

The title is a typo it should say (from IL to ME) sorry for the confusion =]

Ok I am going on a camping trip to a mountain I own in Maine. The mountain is fairly remote & there are mountain lions and the such out there. So I want to bring my Mini-14 for protection (and for the enjoyment of target practice while I'm up there).

I live in IL and I am aware that NJ and NY have some pretty crappy gun laws in regards to "assault weapons" or "high capacity ammunition feeding devices." SO I am weary about having my rifle in the car in the unlikely event that I get pulled over in one of those states (which are smack dab in my way to maine).

I would of course have the gun completely un-loaded, in a gun case, with a lock through the bolt, and in the trunk of my car. However, my rifle has on it multiple features that would classify it as an "assault rifle" in certain parts of the country such as; a muzzle break, foregrip, folding / telescoping stock, a pistol grip, and the ability to accept high capacity magazines; plus it is scary looking and black.

I only own magazines that hold 20+ rounds (I bought the gun new & it came with a 20 round mag) and I own a few 30rounders aswell.

So basically what I'm asking is is it legal to transport a rifle such as the one described; in the manner that I described it through NY or for that matter any of the other states in the area between IL and ME?

I really do not plan on staying in any of the states on the way; I am going to push for a straight drive to ME. - however I may wish to drive through a mcdonalds, for food/potty break on the way.

 

[toivo]

You should be covered by FOPA:

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.

(from Title 18, Part I, Chapter 44, Section 926A

Legal at point of origin and destination, separate from the passenger compartment and/or in a locked case. You can stop and eat or whatever. You can even spend the night, if it's necessary for the length of your trip. From a strictly practical point of view, you're less likely to have a LE encounter when you're snoozing in a motel than when you're on the road at 4:00 a.m.

Your Mini-14 would definitely not be legal in NY State. There's a 10-round mag limit, but that's not the big issue: 10-round mags are available, and pre-bans of all capacities are still legal. The problem is that you can have one of the features you listed before it's considered an "assault weapon." It looks like you're three features over the line. But as long as you're just passing through, you're legally covered. I can't guarantee you wouldn't get hassled, though: I've heard of that happening in New Jersey. (New York chauvinism: )

 

[hirundo82]

The transportation of the gun itself is covered under FOPA if it is legal for you to possess at your origin and destination, but FOPA does not cover things such as non-neutered mags in states where they are illegal.

You could ship a mag or two to you destination (USPS flat rate boxes are great, and mags aren't something that has to be declared to the carrier). The alternative is to drive the speed limit and hope you don't get stopped.

 

[toivo]

The transportation of the gun itself is covered under FOPA if it is legal for you to possess at your origin and destination, but FOPA does not cover things such as non-neutered mags in states where they are illegal.

You could ship a mag or two to you destination (USPS flat rate boxes are great, and mags aren't something that has to be declared to the carrier). The alternative is to drive the speed limit and hope you don't get stopped.

Or pick up a couple of these:

http://shopruger.com/Ruger-Mini-14-Magazine-10-Shot/productinfo/90339/

http://www.midwayusa.com/viewProduct/default.aspx?productNumber=461697

 

[wlemay]

Your Mini-14 would definitely not be legal in NY State. There's a 10-round mag limit, but that's not the big issue: 10-round mags are available, and pre-bans of all capacities are still legal. The problem is that you can have one of the features you listed before it's considered an "assault weapon." It looks like you're three features over the line. But as long as you're just passing through, you're legally covered. I can't guarantee you wouldn't get hassled, though: I've heard of that happening in New Jersey.

So are you saying that it is legal for me to have the gun, but not the magazines? Or are both items covered under Title 18, Part I, Chapter 44, Section 926A?

 

[toivo]

You can pass through NY State with that gun. The part about the magazines came from hirundo82 a few posts back, and was news to me. I always assumed the "legal at point of departure and legal at destination" bit would apply to magazines too, but it looks like I may have been wrong.

 

[tyeo098]

But guys, we and the OP needs to remember that NY doesnt like FOPA very much. It could be a very costly legal battle before anyone even determines if FOPA applies or not.

 

[toivo]

But guys, we and the OP needs to remember that NY doesnt like FOPA very much. It could be a very costly legal battle before anyone even determines if FOPA applies or not.

FWIW, all the cases I know of in NY/NJ have involved handguns and have happened at airports. That said, I would still encourage the OP to exercise caution. Could you borrow a 50-state-legal rifle to take on your trip? A standard Mini-14 with 10-round mags would pass muster in NY for sure.

 

[hirundo82]

You can pass through NY State with that gun. The part about the magazines came from hirundo82 a few posts back, and was news to me. I always assumed the "legal at point of departure and legal at destination" bit would apply to magazines too, but it looks like I may have been wrong.

The issue with FOPA and post-ban mags is that possession of the mags is usually a separate offense from possession of the gun, and FOPA gives you a defense for possession of the gun but not accessories that may be outlawed by the state. It probably wasn't anticipated when the law was written because when FOPA passed in 1986 no states had magazine capacity limits AFAIK.

 

[sv51macross]

Can't you disassemble the mags? Perhaps keep the bodies in the case with the rifle and keep the followers and floorplates in the glove box or something? Or is NY more strict than CA on possession of magazine parts? (constructive possession)