traveling to New Mexico

[gunlover_06]

Hello my wife and i are going to be coming to New Mexico on the 19th of May.
We will be coming from Missouri and traveling through Oklahoma, Texas and then to New mexico we are just going to visit family for a couple of weeks.

I wll be taking along my 9mm pistol for protection, I do not need a license to carry openly or concealed in my vehicle in Missouri, but what about the other states i will be traveling through, Oklahoma, and Texas, and NM. also i will be bringing back some firearms i inherited from an uncle who passed away.

Most will be C&R eligible and that's not a problem as i have my C&R license and will carry it with me, the only one i have concern with is a Chinese NHM in 7.62x39.
I owned this gun originally and sold it to my uncle when they lived here in Missouri about 15 years ago, So would or will i have any problems either traveling with my pistol for protection, and for bring the firearms back to Missouri with me.

Thanks for any and all info you all can provide.

Kenny.

 

[TexasRifleman]

Through Texas you may carry in your vehicle, but it needs to stay concealed.

Long guns we could care less about in Texas, we basically have no long gun laws at all.

 

[gunlover_06]

Thanks TexasRifleMan knew there was a reason i liked Texas so well have been there a few times and wouldn't mind living there but trying to talk momma in to it is like going to the dentist you know you need to but hate the thoughts of it

As far as carrying it concealed it most definitely will be kept in the arm rest close at hand.

 

[sailortoo]

gunlover 06 - I would suggest going to www.handgunlaw.us for up to date legal information for your trip. I reside in New Mexico, and your car is an extension of your home, as far as what you have in it. You should have no, repeat, no trouble in New Mexico. Again, go for legal info, not us "know-it-all" posters - sometimes we have good intentions, not good legal knowledge.
sailortoo

 

[NavyLCDR]

Keep everything, other than your self defense pistol, stored in accordance with FOPA during the trip back. In Oklahoma, you cannot carry the self defense pistol loaded at all without a permit. It has to be unloaded and in plain sight when in the vehicle, cannot be concealed even if unloaded and cannot be carried out of the vehicle loaded either without a CCW permit.

Or you can store the self defense pistol with everything else in accordance with FOPA in Oklahoma as well.

 

[TexasRifleman]

Wow, sounds like it might be better to just drive around Oklahoma

 

[NavyLCDR]

Yep, it's not something you would think about Oklahama. They have great purchasing laws - only the minimum Federal requirements, nothing more. But carrying is another story altogether. And the dang permit costs about $150 by the time you get the required training. Open carry is strictly illegal, permit or not, so it is a real hassle because if it accidentally shows, it's illegal.

Concealed carry in vehicles is legal with the permit, but only unloaded, open transport is permitted without. It can be in a gun case, but the case must be visible. Travelling through OK, of course, FOPA would apply, and I don't see OK state patrol really making a big deal out of that if something like a flat tire happens and you have your trunk open and the guns unloaded in the trunk according to FOPA and the state patrol stops to help out.

I was an OK state resident in the Navy, and when I moved to WA State, I didn't "arm up" until I entered Kansas. I did have 13+ assorted weapons, about 3000 rds of ammo, 25 lbs of gunpowder and a few thousand primers in the Uhaul trailer....

 

[Frank Ettin]

If you have a Missouri concealed carry permit (or a Utah or Florida non-resident permit), it would be valid in those states you're traveling through and to. You could then carry a loaded gun concealed. But if you don't already have the permit, it's too late to get one.

 

[JerryM]

If the guns were in his will and bequeathed to you it is not necessary to go through a FFL. Otherwise it will be necessary. That includes the rifle.

Jerry

 

[Sistema1927]

Since nobody answered for NM yet, you won't have any problems. Your car is an extension of your home, and concealed carry in your vehicle is allowed without a permit. We are also an open carry state, and check handgunlaw.org for reciprocity of any permit(s) you possess.

 

[gunlover_06]

Guys thank you all for the info, I do not have my concealed carry permit yet but sounds like most states we will be traveling through or good to go and all but one will be C&R guns and i have my C&R license so no problem with those the only one i might have a problem with, would be the AK i am bringing back but it was registered in my name years ago and don't know if my uncle ever registered in his before he moved to NM from missouri.
Will do some more checking just to make sure everything is legal.

Again thank you all for the help.

Kenny.

 

[TexasRifleman]

C&R license doesn't really convey any special rights to you as far as transporting firearms by the way.

 

[gunshow]

Wait, there's a NEW mexico? - C. Montgomery Burns

 

[gunlover_06]

So are you saying that even with my C&R license i won't be able to transport them I thought i could buy a C&R eligible firearm any where in the country.

And yes i know ordering them from an online dealer or distributor would be somewhat different so what difference is there in me going to another state and buying an C&R eligible gun,and transporting it back to my home state, or can i not do that.

I can deal in interstate C&R's yes

 

[NavyLCDR]

You are changing your story. Are you buying these weapons or inheriting them?

also i will be bringing back some firearms i inherited from an uncle who passed away.

The interstate transportation of firearms is not your problem here. You are absolutely legal to transport any firearm that you can legally own at your starting point and at your destination.

You can buy long guns out of state so long as that sale is legal in both the sellers state of residence and business AND your own state of residence and business.

If you are inheriting these guns, it is not a purchase. It is an inheritance and is covered by different rules. You go and pick up the guns and it is a done deal.

 

[NavyLCDR]

Is this AK full auto or something special? There is no gun registration in Missouri or New Mexico so why all this talk about it being registered in anyone's name? These things just don't add up.

 

[gunlover_06]

Not changing my story i am inheriting these guns but like i have said all but one are C&R eligible, So my question is am i able to bring them back or transport them with my C&R license.

Yes i am inheriting them, just don't want any problems with the transportation of them and doesn't matter i believe whether or not i am inherinting them i still have to log them in my C&R bound book.

 

[Sistema1927]

There is no gun registration in NM, so your uncle could not have registered it here. Hope this helps.

 

[gunlover_06]

NAvylt
no the ak is not full auto the ak was mine originally then when my uncle moved here to missouri i sold it to him then about 7 years ago him and my aunt moved to NM he passed away almost 2 years ago have been trying to get out there ever since.

So to restate i inherited them not just the AK but his other firearms as well.
And you are correct there is no registration in MO, my bad was just looking for some help on how to get them back here leagally.

Sistema1927 Thank you for that information.

I appoligize for any confusion

Kenny.

 

[TexasRifleman]

So are you saying that even with my C&R license i won't be able to transport them I thought i could buy a C&R eligible firearm any where in the country.

C&R gives you no special privileges in the transportation of firearms. You can buy C&R firearms and have them shipped to you via mail, but you get no "special" rules about transporting just because you have a C&R.

I can deal in interstate C&R's yes

You can buy and sell but again you get no special rules for transportation.

But again, you need to understand the VAST difference in laws between handguns and long guns in the states you have described.
As far as I know none of the states you will go through have any real restrictions on long gun transportation.

As for the taking possession of them you are right that the AK might cause a problem unless you transfer it through an FFL or you have proof of direct inheritance.

These transfer of ownership issues are NOT the same as the transportation issues. You are confusing the 2.

 

[gunlover_06]

TexasRifleMan thank you for the clarification that was what i was mostly looking for.

 

[NavyLCDR]

As for the taking possession of them you are right that the AK might cause a problem unless you transfer it through an FFL or you have proof of direct inheritance.

Why would the AK cause any problems? In all the states he's talking about, it's just another milsurp rifle. Nothing special about it at all.

And there was a lot of confusion regarding the difference in transferring firearms and transporting firearms. If you are legal to possess a particular firearm at your origin of travel and at your destination of travel, if you don't want to abide by every states' law that you travel through, you just travel in accordance with FOPA. Any type of FFL has no bearing on the transportation.

And according to Federal law, if you look up 18 USC 922, inheritance is a perfectly legal way to come into possession of firearms from out of state, again regardless of FFL holding. None of the firearms in an inheritance have to go through an FFL for transfer, unless required by a state law, and I am sure that NM does not require FFL transfer.

18 USC 922:
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

 

[gunlover_06]

NavyLT.
Thanks for the info also i looked that up last night and i should be good to go,

And sorry for not making my original post as clear as it should have been about the inhritence thing, sometimes i just don't word things right although i try.

Kenny.

 

[TexasRifleman]

Why would the AK cause any problems? In all the states he's talking about, it's just another milsurp rifle. Nothing special about it at all.

Because once again we are talking about transfer of ownership not transportation.

You can't purchase/transfer a firearm in a state outside the one you live in unless the law in BOTH states allows that (Federal law). He will need to verify that for both states. He will either have to have proof that it was bequeathed to him, which is an exception to that rule, or he will have to transfer it through an FFL in his home state if both state's don't allow interstate transfers.

Texas for example only allows Texas residents to purchase in states contiguous to Texas. (Texas Penal Code 46.07) So I could not go to Kansas, purchase a gun, and bring it back. It's quite insane but if I go to Colorado to hunt and I buy ammo there, I can't bring it back to Texas with me from a purely legal standpoint. I can't even buy reloading components in non contiguous states and bring them back to Texas. The statute even includes "firearm accessories" so I technically can't buy a plastic gun case in a non contiguous state and return to Texas with it.

§ 46.07. INTERSTATE PURCHASE. A resident of this state
may, if not otherwise precluded by law, purchase firearms,
ammunition, reloading components, or firearm accessories in
contiguous states.

Clearly insane, but it's the law.

The other rifles, C&Rs, the transfer is not a problem because the OP has his C&R. The AK is clearly not a C&R so the transfer issue still exists.

He will have to dig deeper to make sure there is no violation of the firearm transfer laws in case New Mexico or MO have some weird law like Texas, or if there's a will specifically naming the firearm. Just saying it was inherited is going to be iffy on the off chance someone questions this whole thing. Now the reality is that it's very unlikely anyone will question it at all, but in a pure sense there will need to be specific documentation around this inheritance.

Again, there are 2 issues here; transfer of ownership and transportation of firearms.

 

[NavyLCDR]

According to the posted FEDERAL LAW above, there is no problem. No documentation is required. For instance, if he were to purchase the gun FTF from a private individual in his home state, Missouri, he would pay the guy the money and be handed the gun. No documentation required.

If he were a New Mexico state resident and purchased the gun FTF from a private individual in New Mexico, he would hand the guy the money, be handed the gun. No documentation required.

According to 18 USC 922 posted above, all he has to do is go get the guns, no documentation required. His C&R FFL has absolutely no bearing on this situation, whatsoever. Don't forget, this is NOT a purchase, it is a bequest. Also, BTW, the transfer of ownership has ALREADY occured by the bequest, they are ALREADY his guns!