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-   -   When is a gun, a gun? (http://www.firearmstalk.com/forums/f17/when-gun-gun-43766/)

Vincine 06-12-2011 02:29 PM

When is a gun, a gun?
 
If I have the receiver in a locked case in the trunk, the magazine in the glove compartment, and the slide someplace else, is it a gun? Or is it gun parts? Is it illegal to have or be transporting gun parts through (enter the restricted state of your choice here)?

c3shooter 06-12-2011 03:29 PM

Welcome to the forums- pretty part of the country where you are-

First, not a lawyer (Mom & Dad were married, so i don't qualify). Am a firearms collector that knows a bit about firearms laws. You would be well advised to research and confirm anything I say, since you have no way of knowing whether I am a 12 yr old that thinks it would be really funny to get you into trouble.

For ordinary firearms, the Feds define them as the frame or receiver. Anything else is parts- barrels, grips, magazines, etc.

HOWEVER, you are asking about TRANSPORTING a firearm (which is different from CARRYING one on your person) There is a Federal law that addresses this- and unlike many conflicts between state and Fed laws, this one is worded in a way that it takes precedence over state laws.

DO NOT attempt this in NYC- Bloomberg has decided to ignore the law, since it only applies tothe unwashed masses, and not to Hizzoner. Here is the law-

Title 18, US Code
926A. Interstate transportation of firearms
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.


Translation. You live in the state of East Adipose. You are going to a pistol match in the state of South Flatulence. Possesion of your pistol is legal in both states. But get from A to B, you have to drive thru the the state of Annoyance, which does not trust their citizens with guns. You can unload your gun, lock it in the trunk, drive from A to B. Do NOT stop for the night in Annoyance and do NOT take it out of the trunk in Annoyance. Disassembly not required. No trunk Jeeps, pickups)? Unload, put into a locked case- not glove box/console. Put locked case away.

Vincine 06-12-2011 05:30 PM

So a gun is the frame.
 
Well, transportation through states was one consideration, but I understood that part of the law(s).

It’s easier to try and purchase a gun in VT or NH, which is where I would probably go to buy one I think. Not so easy in Annoyance, although I don’t expect I’d have a problem obtaining a home defense permit. I just have to fill out the forms (which I already have, someplace), get printed, pay my tribute, get my pix taken, learn how to speak Spanish, clean my apartment, take out the garbage, etc.

I was wondering what constituted a gun as I'd have to drive back into Annoyance, where I live and sleep. I also wondering about visiting others in Annoyance which is why I was wondering what a gun is. You state a gun is the frame, regardless of whether it’s functional or not. I was going to check with the local DA’s office, (He’s a nice guy.) but I thought I’d join a forum and ask you guys first.

Thanks

c3shooter 06-12-2011 09:43 PM

Vicine- also, when BUYING- Fed law says a private resident (no FFL) may buy a long gun (rifle or shotgun) from a licensed dealer in another state (different state from your state of residence) You cannot buy a handgun other than in your state of residence. 18 US code 922. You CAN make the buy, but it must be shipped to a dealer in your home state.

BTW, definition of firearm from 18 US Code Section 921 9A)(3)
A firearm is defined as:
(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include an antique firearm
.

Vincine 06-12-2011 10:27 PM

Quote:

Originally Posted by c3shooter (Post 521710)
You cannot buy a handgun other than in your state of residence. 18 US code 922. You CAN make the buy, but it must be shipped to a dealer in your home state. . .
(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;.

O, I C.

Okay, so what I’m thinking I gotta do is: Get my NYS permit, drive over NH and take a bunch of classes (Sig Sauer school anyone?), find a dealer/range (not too many around here), try a bunch of pistols, pays my money & makes my choice, and pick it up from my local ballistic supplies and fly fishing emporium. And also clean my apartment.

Or is there a simpler way, I mean without just buying one off the street, or moving to NH?

c3shooter 06-13-2011 02:41 AM

Simpler? Well yes- first I have nubile females that pay homage to me by cleaning the house......

Want really simple? Auctionarms.com, and gunbroker.com. They both have a "find a FL" feature of their home page. These are dealers that have registered there as being willing to handle transfers. Pick one out, go talk to them. Then go shopping on line. When you win, pay the man (or lady) and gun goes to your dealer. In your home state. You do same paperwork with him as if buying it from him. When finished, pay him his fee for his time, take gun, go home.

danf_fl 06-13-2011 02:49 AM

Quote:

Originally Posted by c3shooter (Post 521917)
... They both have a "find a FFL" feature of their home page.... .

Fixed it. To find "FL", find the intersection if I-95 and I-20. :)

Polygon 06-20-2011 01:24 AM

Quote:

Originally Posted by c3shooter (Post 521572)
DO NOT attempt this in NYC- Bloomberg has decided to ignore the law, since it only applies tothe unwashed masses, and not to Hizzoner.

Wait.... is this not a federal law?

Not that I would try to do this as I detest the state of New York. However, wouldn't someone have legal recourse because of the federal law?

Jpyle 06-20-2011 04:30 AM

Quote:

Originally Posted by Polygon (Post 525926)
Wait.... is this not a federal law?

Not that I would try to do this as I detest the state of New York. However, wouldn't someone have legal recourse because of the federal law?

Sure...and while your case proceeds through the Courts you sit in a NY jail racking up legal fees...

For comparison and the state of affairs in neighboring NJ I give you the cases of Messrs. Revell and Aitkens

Supreme Court refuses to hear appeal of traveler who wants to sue Port Authority following arrest in N.J. on gun charges | NJ.com

Brian Aitken Follows New Jersey Gun Laws and Now Faces 7 Years in Prison :: The 912 Project Fan Site

Polygon 06-20-2011 04:44 AM

Quote:

Originally Posted by Jpyle (Post 526049)
Sure...and while your case proceeds through the Courts you sit in a NY jail racking up legal fees...

For comparison and the state of affairs in neighboring NJ I give you the cases of Messrs. Revell and Aikins

Supreme Court refuses to hear appeal of traveler who wants to sue Port Authority following arrest in N.J. on gun charges | NJ.com

Brian Aitken Follows New Jersey Gun Laws and Now Faces 7 Years in Prison :: The 912 Project Fan Site

Wow!

What a crock. Really makes you want to avoid the east coast all together.


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