Traveling with Rifles and Ammunition

[draexo]

I live in South Carolina. My good friend lives in Virginia. I am purchasing 3 rifles and some ammo from him. Do I need to worry about transportation? I was just going to drive up and get them.

 

[NavyLCDR]

I live in South Carolina. My good friend lives in Virginia. I am purchasing 3 rifles and some ammo from him. Do I need to worry about transportation? I was just going to drive up and get them.

Transportation is easy. Just curious, which FFL are you going to use for the transfer since an FFL transfer is required to make the sale legal?

 

[Throttleup]

Just put them in your trunk, unloaded and you are good to go. Congrats.

 

[1911_Marine]

[QUOTE/Transportation is easy. Just curious, which FFL are you going to use for the transfer since an FFL transfer is required to make the sale legal?[/QUOTE]

When did a private sale between two people become illegal? Have I been away from VA that long?

 

[wolf_fire]

Keep the ammunition separate from the rifles... make sure the rifles are NOT loaded and you are good to go with the states you would be traveling through.

As far as an FFL is concerned, with long barrels you do not need to involve yourself with one.

 

[apvbguy]

When did a private sale between two people become illegal? Have I been away from VA that long?

the issue is that private sales of handguns must be between residents of the the state where the transaction takes place, if not the deal needs to be through an FFL as for long gun the laws are different but you need to beware of any possible restrictions

 

[S&W645]

Navy is correct. Read 18 U.S.C. 922 (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, (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;

(5) sets the exception for an FFL to sell to an out of state customer but not a private person to private person.

(5) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to
transfer, sell, trade, give, transport, or deliver any firearm to
any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) who the
transferor knows or has reasonable cause to believe does not
reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in
which the transferor resides; except that this paragraph shall
not apply to (A) the transfer, transportation, or delivery of a
firearm made to carry out a bequest of a firearm to, or an
acquisition by intestate succession of a firearm by, a person who
is permitted to acquire or possess a firearm under the laws of
the State of his residence, and (B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;

 

[S&W645]

the issue is that private sales of handguns must be between residents of the the state where the transaction takes place, if not the deal needs to be through an FFL as for long gun the laws are different but you need to beware of any possible restrictions

Handguns or long guns, makes no difference. The law says firearms, not handguns or long guns. Firearms, by law, defines both.

 

[NavyLCDR]

the issue is that private sales of handguns must be between residents of the the state where the transaction takes place, if not the deal needs to be through an FFL as for long gun the laws are different but you need to beware of any possible restrictions

The only difference for rifles and shotguns vs. other firearms is that between residents of different states, the long guns can go through an FFL in just about any state, for handguns the transfer must occur at an FFL in the buyer's state of residence. If the Virginia good friend sells the rifles directly to the South Caronlina resident, the seller commits a Federal felony violating 18 USC 922 (a)(5), and when the buyer takes the rifle back to his home state, he commits a seperate felony violating 18 USC 922 (a)(3). Here is the link to the Federal laws:

18 USC § 922 - Unlawful acts | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

18 USC § 922 - Unlawful acts
(a) 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,
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;

It seems like we can post these same two laws over and over again, and the same people are going to give the advice, "It's OK between two private parties, just take the guns and go!" PRIVATE PARTY SALES AND GIFTS OF FIREARMS BETWEEN RESIDENTS/FAMILY MEMBERS OF DIFFERENT STATES IS ILLEGAL unless the transfer goes through an FFL! PERIOD. It does not matter if the guns are handguns, rifles, shotguns and does not matter if the states are contiguous to each other or not.

 

[draexo]

So I should NOT drive up to Virginia, load the weapons and ammo and drive back???

I would need an FFL dealer on EACH end to do this legally? Can I even transport them in my vehicle with an FFL?

I am very confused right now!

 

[Hickle]

travelling with rifles and ammunition

You don't need a FFL to make a private sale..well "not yet anyways "

 

[TMcArthur]

With all due respect, maybe you should contact your attorney to ask such vital questions. You can also contact FFL's as they will be in the know, but proper attorney's will keep you out of trouble... the Internet may not be your best option for such vital legal information. "I didn't know" is not a valid legal defense, so you best know beforehand.

With that said, I have no doubt that NavyLCDR has accurate information, but it is your a$$ not mine, or his.

 

[draexo]

You don't need a FFL to make a private sale..well "not yet anyways "

Yes, but what do I need to do to drive them from Virginia to South Carolina? All long guns, no hand guns, and a bunch of ammo.

 

[NavyLCDR]

You don't need a FFL to make a private sale..well "not yet anyways "

You apparently have a reading comprehension problem. The federal laws that require the FFL transfer were posted earlier.

 

[NavyLCDR]

So I should NOT drive up to Virginia, load the weapons and ammo and drive back???

I would need an FFL dealer on EACH end to do this legally? Can I even transport them in my vehicle with an FFL?

I am very confused right now!

Meet your friend at an FFL in Virginia. He brings the rifles. FFL in Virginia transfers the rifles to you. Then you can pack up the unloaded rifles and ammo in your car and LEGALLY drive with them back to South Carolina. No need for lawyers, this is the legal way people buy guns out of state every day. If these were handguns, they would have to be shipped to an FFL in South Carolina, that is the only difference.

 

[draexo]

Meet your friend at an FFL in Virginia. He brings the rifles. FFL in Virginia transfers the rifles to you. Then you can pack up the unloaded rifles and ammo in your car and LEGALLY drive with them back to South Carolina. No need for lawyers, this is the legal way people buy guns out of state every day. If these were handguns, they would have to be shipped to an FFL in South Carolina, that is the only difference.

This makes sense and I will not need an FFL in South Carolina.

 

[escapedthematrix]

I was just thinking about this the other day. The fact that you need to "transfer" ownership of a firearm to someone. When I buy a boat or a car the title is "transfered" which implies that the details of said boat or car is recorded somewhere in a government database and my name is associated with it. It is registered..... So, we all keep on hearing about "gun registration". Do we not already have it?

 

[snatale42]

[QUOTE/Transportation is easy. Just curious, which FFL are you going to use for the transfer since an FFL transfer is required to make the sale legal?

When did a private sale between two people become illegal? Have I been away from VA that long?[/QUOTE]


When the buyer isn't from VA, that's when!

 

[snatale42]

You don't need a FFL to make a private sale..well "not yet anyways "

Private sales are only legal between two residents of the state, at least in VA.

 

[XD40scinNC]

In NC anyone (that can legally own a firearm) can carry a firearm in their vehicle, if it is in plain sight, or if it is a compartment that is not accessible to the driver or a passenger. Common sense says to unload any gun that is not specifically carried for SD, but the ammo does not need to be stored separately from the gun. That will cover you for your NC leg of the trip.