Legality of driving a gun over state line

Discussion in 'Legal and Activism' started by ineverFTF, Jul 15, 2012.

  1. ineverFTF

    ineverFTF New Member

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    Am going to mississipi in a couple days to help clean out an uncle house. If we were to stumble upon a gun, would it be legal to simply throw it in the moving truck and go home to georgia?
     
  2. rhyno13

    rhyno13 New Member

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    As long as your legally allowed to have a gun, it's legal to bring it back home with you
     

  3. winds-of-change

    winds-of-change The Balota's Staff Member

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    I believe it is as long as you follow the legalities of the gun transportation laws in the states you drive through.

    I take my gun to other states to shoot with friends and I just follow the laws of those states. Though I think the most strict state is the very one I live in, Illinois. In my state the unloaded gun must be in the trunk in a case. If the vehicle doesn't have a trunk, such as a van or SUV, the unloaded gun must be in a locked case in the back of the vehicle.

    I see no problem bringing home any guns you might find.
     
  4. ineverFTF

    ineverFTF New Member

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    Thanks guy. One more question neither my dad nor myself have a handgun permit. What do we do if we find a handgun?
     
  5. silverado113

    silverado113 New Member

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    Just make sure it's not a NFA firearm (machine gun, sbr, etc) you have to get those items cleared by the feds to move across state lines.
     
  6. silverado113

    silverado113 New Member

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    Keep it locked in the back with no ammo in it.
     
  7. Secondhand_Hero

    Secondhand_Hero New Member

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    As long as you don't purchase a special licensing firearm, you should be fine. Transpo laws vary by state, but there are three simple steps to take to clear laws in every state i'm aware of.
    1) Store the firearm in a secured and functional gun case. (Several dickhead officers will get you if the case you are using doesn't properly seal, and there have been cases where police have fined or arrested individuals for storing them in cases that aren't to be considered gun cases.)
    2) Store the gun (in it's case) in the trunk. This makes the weapon unaccesible to the driver.
    3) If you have ANY ammunition (freshly bought, spare live rounds, or rounds in the firearm) find some kind of box of sorts for them and store them on the floorboard in the back. This seperates and secures all live rounds from the firearm.
    If you follow those three simple steps, you're in the clear! (unless of course the gun is stolen/defaced or you're a felon or other shady individual restricted from contact of a gun)
    Hope this helps! ;)
     
  8. c3shooter

    c3shooter Administrator Staff Member

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    Folks, Inever and I have chatted, so this is for the rest of you-

    As far as legalities- with one exception- under Federal law, you may only obtain a handgun from a dealer in, or a fellow resident of, your home state only. That means any transfer of ownership-including gifts, buying, trading, etc. You may acquire a LONG gun from a fellow resident of your home state, or a dealer in any state (California exception here)

    The ONE exception- spelled out in 18 USC 922- is INHERITANCE. If your Aunt Franny dies and leaves you all of Grandpa Willie's guns, congrats, and condolences on the passing of a sweet old lady. The executor of the estate IS permitted to give them to you, send them to you- WITHOUT a FFL being involved- so long as you can legally possess THAT gun in your home state. This applies to a will, or inheritance by next of kin where there IS no will (called Intestate- meaning no Will and Testament)

    Copy and paste for you- 18 US Code 922 a(3)

    It shall be unlawful.....

    (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


    A lot of dealers are not familar with that one exception. You can verify this thru the BATFE, or Google 18 US Code 922 and look it up.
     
  9. aandabooks

    aandabooks New Member

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    Also in Illinois. The gun does not have to be in a locked case. Just fully enclosed in a case that is designed to hold the gun. It has to be unloaded but can have the ammo in the case with the gun.

    Forgot to add, the gun can be anywhere in the vehicle and the case does not have to be zipped or fully latched. Just can't be uncased or loaded. A handgun in a zippered case that is not zipped can be on the passenger seat. You can have the magazine loaded and in the center console.
     
    Last edited: Jul 16, 2012