Transporting Firearms Across State Lines Question

[doc1059]

I am active duty military and soon will be transferring from North Carolina to Florida on military orders. In the past the moving company has transported my firearms along with my household goods, but I have learned that many firearms have come up missing with the particular moving companies used in this area.

I have approximately 10 hunting rifles and shotguns and 1 Beretta handgun to transport. I currently do not have a concealed carry permit. I will also have to transport a ammo can of various rifle and shotgun ammo since the moving companies will not ship ammo. I have talked to various people who suggest having the guns and ammo separated and/or have locks on the firearms. I do have a lockable hard plastic case that I could lock up the handgun. I was thinking of having my wife transport the ammo can and the firearms transported by me in my Ford truck.

Just wondering if anyone is familiar with the legal requirements in a case like this to avoid any trouble along the way.

 

[MasterGadgets]

You need to look up the laws of the state/s you plan to drive through.

 

[tcox4freedom]

You need to look up the laws of the state/s you plan to drive through.

^^^This^^^

Here's a place to start: Link Removed

http://www.handgunlaw.us/states/northcarolina.pdf

http://www.handgunlaw.us/states/southcarolina.pdf

http://www.handgunlaw.us/states/georgia.pdf

http://www.handgunlaw.us/states/florida.pdf

I've moved halfway across the country & back a couple of times. I always keep my firearms "unloaded" & "cased" and transport them in the rear most compartment of my vehicle. (Trunk of my car or behind the most rear seat in a truck, MV or SUV)

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[Treo]

Firearm Owners Protection Act

The Firearm Owners' Protection Act (FOPA), Pub.L. 99–308, 100 Stat. 449, enacted May 19, 1986, codified at 18 U.S.C. § 921

One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas), provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, the firearms are located in a locked container.[7]

Under this provision, someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that the individual did not stop in New Jersey or New York for an extended period of time.

See 18 USC § 926A 18 USC § 926A - Interstate transportation of firearms | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

 

[tcox4freedom]

The Firearm Owners' Protection Act (FOPA), Pub.L. 99–308, 100 Stat. 449, enacted May 19, 1986, codified at 18 U.S.C. § 921

Thanks Treo; that was going to be my next link.

The op shouldn't have any problems driving or even stopping overnight on his move from NC to FL. He just needs to be thankful he doesn't have to move to Kommiefornia or some other liberal hellhole. (At least he get's to still live in a gun friendly state.) :wink:

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[Treo]

(At least he get's to still live in a gun friendly state.) [/I]:wink:

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Florida is legally a gun friendly state but that humidity is any thing but. OP make sure you keep your fireams well protected with oil and if you don't have a dehumidifier in your gun safe get one.

 

[apvbguy]

You need to look up the laws of the state/s you plan to drive through.

wrong, as long as he is passing through from a place where he was legal to possess the weapons and is going directly to a place where he can legally possess them he is bound to follow the FOPA laws.
YMMV

 

[tcox4freedom]

wrong, as long as he is passing through from a place where he was legal to possess the weapons and is going directly to a place where he can legally possess them he is bound to follow the FOPA laws.
YMMV

The key phrase is "passing through". He should be find traveling in the gun friendly states in the south. But, despite FOPA, "stopping" in a liberal gun hating state for anything can get you arrested. Sure, it most likely won't stick. But, it can ruin your day and cost you money before it's over. (I dare say; even some of the AG places in NC don't care about FOPA or NC state law.)

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[leadsender]

The general rule that I follow is. Your weapons should be transported in a locked case. Rifles should have the bolt removed and shot guns should the action open. Hand guns should be unloaded and I personally remove the magazine and the magazines do not have bullets in them. If you have any ammo; the ammo should be locked up and place away from the weapons. The key words that are use is that the weapons and ammo should not be readily accessible.

 

[apvbguy]

The general rule that I follow is. Your weapons should be transported in a locked case. Rifles should have the bolt removed and shot guns should the action open. Hand guns should be unloaded and I personally remove the magazine and the magazines do not have bullets in them. If you have any ammo; the ammo should be locked up and place away from the weapons. The key words that are use is that the weapons and ammo should not be readily accessible.

that's all fine and dandy, however a better rule of thumb is to read, learn and understand the fopa law and follow it to a "T"

 

[NavyLCDR]

wrong, as long as he is passing through from a place where he was legal to possess the weapons and is going directly to a place where he can legally possess them he is bound to follow the FOPA laws.
YMMV

The bold part is equally wrong. The OP is not BOUND to follow FOPA, as in required to. FOPA is an OPTION, not a requirement for interstate transportation of firearms. The OP can either follow each state's law as he travels through that state (which many times are much more relaxed than FOPA - some even allowing for loaded carry in the vehicle and loaded open carry) - OR - if the OP chooses to, he can follow FOPA which will make him legal in all the states he travels through.

And, since nobody has bothered to post what FOPA actually states, here is the actual law:
http://www.law.cornell.edu/uscode/text/18/926A

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.

 

[mshean]

doc1059 the dehumidifier for a safe, the one I use is a 'Golden Rod', works great, but to answer your transportation question, see below.

Travelers Guide to the Firearm laws of the Fifty
States“ at Gunlaws for the 50 States A real must have guide when on the road.

INTERSTATE TRANSPORT of FIREARMS info:

NOTE: The Federal McClure-Volkmer Act of 1986: In a nutshell, (as I read it, not verbatim). This federal act will protect you from criminally friendly, ‘constitutionally dysfunctional‘ states, (12+ of them, Ca. Ma. Ill. NY. NJ. etc.) in this way: Individuals transporting a gun(s) through certain states that would otherwise view such transport as ‘illegal’, may do so under this law if the weapons are unloaded, cased and stowed in a trunk or locked vehicle compartment which is not readily accessible to the occupants. Any ammunition must also be kept separate and be locked away from the occupants and thefirearms.

Mark’s Note: (This ‘act‘ I believe, is to ensure the safety of any criminal(s) intent on a felony assault of you and your loved ones in these 12 ’constitutionally dysfunctional’ states) also (I suggest buying the ammo when you get to where your going, as there may not be enough ‘compartments’ in your vehicle to be in compliance.) This ‘act‘ is a reflection of our so-called Representative’s looking out for our safety…….?! Sure……

‘ACT‘ continued; The law abiding traveler(s) must simply be passing through the ‘constitutionally dysfunctional‘ state(s) and must be bound for a jurisdiction where the possession of such weapons are not considered a threat or illegal by any ‘constitutionally respectful’ state(s). As long as the traveler(s) maintain a steady uninterrupted course through the ‘constitutionally dysfunctional‘ state(s) with the ‘offending’ weapons/ammo stowed in the manner described above, they will be protected from a felony assault on their inalienable rights from the ‘constitutionally dysfunctional‘ state(s) that they might travel through. Prime example; New Jersy-

Mark’s NOTE: If you can, you should boycott any state that boycotts our God given/Constitutional right to self defense and tell their Chamber of Commerce why we will not be spending our hard earned cash there. Go to ‘Links’ under ‘Reviews’ at top of page to find all the states Chamber of Commerce contact info. MS

NOTE: Please look on my ‘States‘ tab to see list of ‘constitutionally dysfunctional‘ states where the {so-called** ‘Representatives’ must consider our Constitution a road block to their ‘progressive’ agenda of rewriting history and tearing down America. Let us sweep out all the ‘constitutionally dysfunctional‘ trash, (incumbents) at the voting booth!



“ A free people ought not only to be armed and disciplined but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government” -GEORGE WASHINGTON-

Gun Sense #21, Shooting not Mandated? Why I do not have you shoot

{Remember; Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives** Ignorance of History could cost us our Freedoms.

Sincerely, Mark Shean mafirearmsafety.com KB1WSV

Get Travelers Guide to the Firearm laws of the Fifty
States“ at Gunlaws for the 50 States

 

[NavyLCDR]

"Any ammunition must also be kept separate and be locked away from the occupants and the firearms."

There is no requirement in the Federal law to lock the ammunition in a location separate from the firearms. Unloaded firearms and ammunition locked in the same trunk, or in the same case in a vehicle without an exterior compartment fully satisfies the requirements of the Federal law.