How to move handguns

Discussion in 'Legal and Activism' started by JoeT, Aug 25, 2008.

  1. JoeT

    JoeT New Member

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    I am a NJ Resident and own 3 handguns, all legally registered and I am moving to Florida in the next few months. How do I transport these guns legally when I move?


    "I ask, sir, what is the militia? It is the whole people, except for a few public officials." - George Mason June 16, 1988
     
    Last edited: Aug 25, 2008
  2. BigO01

    BigO01 New Member

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    I would think unloaded locked in a case without any ammo in the same case and perhaps locked in it's own case and then in the trunk should satisfy any laws for purely traveling through any state .

    O and I would make sure I obey the traffic laws like speed and using signals to change lanes , no sense in making the move any more expensive than it has to be .

    I am fairly sure a Safe Passage law was passed and signed that will keep you out of legal trouble following the locked in cases advice .
     

  3. RL357Mag

    RL357Mag New Member

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    Double check the law's, State and Federal. I know there is a provision which allows the transport of long guns during a move to another state, but as far as I know, transporting a handgun across state lines is still a federal crime. You may have to have them shipped to an FFL holder at your destination state. Of course if it was me I would just lock them up separate from the ammo and drive very carefully.
     
  4. cpttango30

    cpttango30 New Member

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    OOPS I plead the 5th.

    Like RLsaid if it were me I would just put then in cases lock them up and bury them in the trunk or under something heavy. Just don't go doing something stupid like moving all your pot plants to fl as well :D.....

    I didn't think you transporting your own personal firearm (Rifle or pistol) across state lines was a federal crime. We always had a pistol with us when we traveled this was before the commies started taking over the country though.
     
  5. opaww

    opaww New Member

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    Most states have a safe transport law for people wanting to take weapons across their state even handguns. Your main concern would be NJ law about transporting them sense NJ is a lot stricter then most states about handguns.
     
  6. JWIII

    JWIII New Member

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    I'm also from N.J. and I too moved to F.L.

    Just lock them in a case and come on down. You can even transport them on a plane "I did this visiting N.J. last winter." Obviously not on you; you need an airline approved case, and you need to check it as baggage; call ahead of time and let them know.

    Florida's laws are much less strict. You don't have to register your firearms. And, having one in you car is simple even without a concealed permit. You can carry a loaded firearm in your car, it just has to be out of reach or in a case "also can be wrapped in a shirt or just a paper bag, etc..."
     
  7. c3shooter

    c3shooter Administrator Staff Member

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    Gents- I don't MEAN to sound surly- but PLEASE don't offer legal advice if you don't know. Transport of a handgun across a state line is NOT a Federal crime in and of itself. Law of the US is attached as a c&p from US Code. You may also SHIP your own firearms to yourself (UPS or FedX) but handguns are really expensive to ship. LONG guns may be MAILED to yourself- but only an 01 FFL dealer, certain Fed officials, or a licensed mfgr can mail a handgun. But you can also case the unloaded weapon, place in the trunk, lock it. As long as possession of that firearm is legal at both ends of your trip, you are good to go. attachment:

    Title 18, US Code
    Sec. 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.
     
  8. RL357Mag

    RL357Mag New Member

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    Well, if it's not known for certain, it's always better to err on the side of caution. Hell, half the cops don't know what the laws are, and that being the case, if you get stopped and searched at the very least you will have a long and unpleasant delay in your trip, and at the worst, you will be arrested. Many years ago I called the NY State Police to ask if it was legal to shoot a BP revolver without a permit. After all, I could legally purchase one and all the components to shoot it without a permit...They told me they thought it was ok, but weren't sure. They were wrong - it isn't legal without a permit, and even a BP revolver has to be listed on the permit if I wish to shoot it. State laws supercede federal laws when you are in that state. I don't think NJ would take kindly to me driving through their state with my AR-15 or handguns.
     
  9. JWIII

    JWIII New Member

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    That's a good point about the local LEO's not even knowing the laws... I should have mentioned I went through the same thing. You get different answers depending on who you talk to. The best people to talk to IMO are the local dealers, they know the laws.

    I wanted to bring my AR to NJ, but it was too much of a hassle. Your magazine can hold no more than 15 rounds, so you have to get a 10 round or a lot of shops in NJ offer custom fab'ed 15 round mags. Collapsable stocks are illegal in NJ "on rifles; shotguns are OK," so I would have to purchase a fixed buttstock to bring my AR there; so I left it behind for that trip. Oh, and flash hiders are illegal; muzzle breaks only.

    Another NJ law... hollow points are OK to shoot at the range. But, if someone breaks into your house you can not defend yourself with hollow points; you will be charged. To me that's just stupid.
     
    Last edited: Aug 27, 2008
  10. RL357Mag

    RL357Mag New Member

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    Agreed! It's getting to the point where you have to be a damned lawyer to know where you can legally travel!
     
  11. c3shooter

    c3shooter Administrator Staff Member

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    Gents- I agree that state law can be more stringent than Federal law- in most cases. This is NOT one of those cases. The section of the US Code I posted trumps state law- specifically states that. IF possession of a given weapon is legal at your point of origin AND at your destination, AND the weapon is unloaded, cased, and in a locked trunk, you may LEGALLY transport it thru another state. Read the section of Title 18 again- the first sentence. And true- local LEOs do not necessarily know the law.