• Mossberg Owners is in the process of upgrading the software. Please bear with us while we transition to the new look and new upgraded software.

Fed: Transportation Guidelines [guns across state borders]

Scoop

Administrator
Staff member
Administrator
Global Moderator
In preparation to get my FFL again, I spoke to an ATF agent from my "local" (Orlando) yesterday and ran some questions by him. One of my Qs was "What if I bought a gun in Maine while visiting relatives (I'm in FL) and transported it home as an FFL?" His answer was along the lines of "Yes, that is legal BUT, you could run afoul of laws in states such as MA and NY". And this is mainly because I would be traveling and not in one licensed location. His suggestion was to ship it to myself to avoid breaking any laws.

@Bobster Here is a pretty good discussion of the laws that may serve you transporting your guns from Maine to FL.

https://www.nraila.org/articles/20150101/guide-to-the-interstate-transportation

Excerpts:
CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney.

INTRODUCTION
Federal law does not restrict individuals from transporting legally acquired firearms across state lines for lawful purposes except those explicitly prohibited by federal law to include convicted felons; persons under indictment for felonies; adjudicated “mental defectives” or those who have been involuntarily committed to mental institutions; illegal drug users; illegal aliens and most non-immigrant aliens; dishonorably discharged veterans; those who have renounced their U.S. citizenship; fugitives from justice; persons convicted of misdemeanor crimes of domestic violence; and persons subject to certain domestic violence restraining orders. Therefore, no federal permit is required (or available) for the interstate transportation of firearms.

Many states and localities have laws governing the transportation of firearms. Travelers must be aware of these laws and comply with legal requirements in each jurisdiction. There is no uniform state transportation procedure for firearms. If in doubt, a traveler should carry firearms unloaded, locked in a case, and stored in an area (such as a trunk or attached toolbox) where they are inaccessible from a vehicle’s passenger compartment and not visible from outside the vehicle. Any ammunition should be stored in a separate locked container. Title 18 Part 1 Chapter 44 s926A

FEDERAL LAW ON TRANSPORTATION OF FIREARMS
A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.

Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.

Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest. All travelers in areas with restrictive laws would be well advised to have copies of any applicable firearm licenses or permits, as well as copies or printouts from the relevant jurisdictions’ official publications or websites documenting pertinent provisions of law (including FOPA itself) or reciprocity information. In the event of an unexpected or extended delay, travelers should make every effort not to handle any luggage containing firearms unnecessarily and to secure it in a location where they do not have ready access to it.

...

TRANSPORTATION BY MOTOR VEHICLE
In most states, firearms may be transported legally if they are unloaded, cased, and locked in the automobile trunk or otherwise inaccessible to the driver or any passenger. The exceptions to this rule apply mainly to transportation of handguns and so-called “assault weapons.” The myriad and conflicting legal requirements for firearm transportation through the states make caution the key for travelers of which you must consult local law.

...

JURISDICTIONS WITH SPECIAL RULES
While FOPA applies in every United States jurisdiction, experience has shown that some jurisdictions provide particular challenges to those transporting firearms. Knowing the local laws of such places is particularly important and may make traveling through them easier. The following states are known to have especially strict and complicated gun control laws and travelers should consult the state laws directly, along with local law enforcement and states' attorneys general resources for detailed information.

CA.. HI...

MASSACHUSETTS—Massachusetts imposes harsh penalties on the mere possession and transport of firearms unrelated to criminal or violent conduct. Prospective travelers are urged to contact the Massachusetts Firearms Records Bureau at (617)660-4780 or the State Police at http://www.mass.gov/msp/firearms/ for further information.

NEW JERSEY—New Jersey has highly restrictive firearms laws. The New Jersey Supreme Court has ruled that anyone traveling within the state is deemed to be aware of these regulations and will be held strictly accountable for violations. Revell v. Port Authority of New York & New Jersey, 10-236

From New Jersey State Police regarding transporting firearms through the state: http://www.state.nj.us/njsp/about/fire_trans.html

NEW YORK—Use extreme caution when traveling through New York with firearms. New York state’s general approach is to make the possession of handguns and so-called “assault weapons” and “large capacity ammunition feeding devices” illegal and then provide exceptions that the accused may raise as “affirmative defenses” to prosecution in some cases. NY Penal Code s. 265.20(12), (13) & (16).

A number of localities, including Albany, Buffalo, New York City, Rochester, Suffolk County, and Yonkers, impose their own requirements on the possession, registration, and transport of firearms. Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city police commissioner validating a state license within the city. Even New York state licenses are generally not valid within New York City unless a specific exemption applies, such as when the New York City police commissioner has issued a special permit to the licensee or “the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted.” Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration.
___________________________________________
-- I am not a lawyer. Following my advice without consulting an expert qualified and trained in the field may result in expensive fines or uncomfortable incarceration.
 
Thanks, Scoop and hopefully others can benefit from this info, as well.

Back about 15-20 years before ridiculous gun laws were commonplace, I would travel from RI to FL to visit my parents. As a lone traveler at all hours of the day and night, I was often armed with a loaded pistol within reach. So I was riding "dirty" through many jurisdictions the main one being NYC. So tried to "go with the flow" and not look suspicious. Your mileage may vary...
 
Back
Top