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Posted: 3/6/2001 2:35:22 PM EDT
Looks like I'm relocating from Florida back to Texas. I know that when I came from Texas I just took my firearms with me. My wife just informed me that I should have had them shipped to a FL FFL. Can I legally transport my own firearms back into Texas? Looks like it's going to be San Antonio. FT
Link Posted: 3/6/2001 5:08:14 PM EDT
Absolutely you can bring them back here by yourself. Completely legal and it will save you money and the hassle. The best advice would be to keep them in their cases in the trunk or another place where they would not be accessable. Im not sure of the laws outside of Texas but you are protected by Federal law when transporting firearms from one state to another as long as they are legal in both the state of origin and the destination state. Once in Texas you can carry longarms however you would like. Even loaded in the front seat next to you if that is your fancy, though to avoid any unnecessary complications I would keep them in their cases. Handguns will still need to be unacessable during the trip. Welcome back to Texas. Michael
Link Posted: 3/7/2001 4:32:28 AM EDT
Ponyboy Thanks for the welcome back. I didn't think things had changed much since I left in 84. My Florida CWP is now recognized in Texas so that's a plus. Look forward to shooting in the San Antonio area. FT
Link Posted: 3/7/2001 3:43:23 PM EDT
I need a quick education on this one. [>:/] I have been a Deputy in Tennessee and South Carolina as well a being a Police Officer currently in South Carolina. I also had an FFL when living in Florida and I have never known of a Federal law that "over ruled" individual State laws concerning the transportation of firearms. I recommend that you contact the State Department of Law Enforcement for each State you plan on going through just in case. When I traveled in the military that is what I did to keep from "being sorry." But I seriously doubt that if you keep the weapons in the trunk that you will be violating any law, especially considering you are going through the "Southern States."
Link Posted: 3/7/2001 3:59:07 PM EDT
[Last Edit: 3/7/2001 4:19:28 PM EDT by SBR7_11]
During travel from "point A" to "point b",,,YOU ARE protected by the "VOLMER-McCLURE" ACT, lawfull transportation protection,,pack them up and move on. NOW,,,, If you are moving "NFA" firearms,,then you need to file the ATF Form 5320.20, stating change of address, and wait for approval before taking the "serial #" across state line. Bowhunter 6 pt,, no flame intended, but I feel bad that most law-enforcement officials are not up to par with most firearm laws.
Link Posted: 3/9/2001 12:46:53 PM EDT
No offense has been taken, but "packing" them up as you indicated is the proper method and is different than earlier mentioned. I can understand local LE not being totally up to date on Federal laws because many are only concerned with enforcing our State's weapons laws as they apply to our citizen's everyday activities. Now, whether or not you are a citizen of my state has no bearing on my authority to enforce violations of my State's weapons laws, including transportation laws. But I will also tell you that it will be the "totality of the circumstances" that surround the incident leading up to me "discovering" your weapons that will determine my response. The point here is this: There is a BIG difference in transporting weapons in a vehicle open and in view vs closed in the trunk of the vehicle. Many States restrict how you may transport weapons, therefore, as you suggested, put em out of sight! Take care.
Link Posted: 3/9/2001 4:49:35 PM EDT
Link Posted: 3/11/2001 4:08:35 PM EDT
Good point, I want to stress however that I for one would certainly not charge anyone who I felt was transporting weapons "in good faith." The bottom line as you indicated is the fact that the weapons are going to be properly cased etc. I know I got rid of several fine weapons just after the ban took effect including an HK91, HK93, and FN Para just because I never knew where the Army was gonna send me. Now that I am retired and in LE full time, I have started collecting again. Final note to all, thanks for the legal lesson though because I did not know of such an act.
Link Posted: 3/19/2001 3:37:50 PM EDT
Can anyone provide a citation (e.g. 20CFR404.1576) for the 1986 Volmer-McClure Act? I did a search on Thomas and the NARA CFR site but was unable to find the law (which could have been operator error...). I am planning to drive my M15A2 from IA to MD and back when we visit GrandMa this summer and I'm sure I'm legal all the way, but I'd like to see it for myself. The NRA-ILA brochure, which is available at http://www.nraila.org/research/19990729-FirearmLawSummary-001.html states that "A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel." It goes on to say exactly what Troy and SRB7/11 already pointed out. But I would still prefer to read the entire law myself.
Link Posted: 3/19/2001 7:47:20 PM EDT
[Last Edit: 3/19/2001 8:02:04 PM EDT by CavVet]
I was asking the same question, different reason, but here is what I came up with..... [url]http://law2.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+526+2++%28chapter%2­01,%20part%2044,%20section%20926a%29%20%20%20­%20%20%20%20%20%20%20 [/url] USC 18 PART I CHAPTER 44 SEC 926A AND also.. [url]http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html[/url] Enter Title 27, Part 178, Section 38 While I am now where near a Lawyer, I found a FEW sections of these Chapters VERY Interesting.... Hope this helps.... OUT HERE...
Link Posted: 3/19/2001 11:17:19 PM EDT
The ATF FAQ addresses this question and provides a federal citation:
(B7) May a nonlicensee transport firearms for sporting or other lawful purposes? Yes. Federal law provides a person, who is not prohibited by the GCA from receiving or transporting firearms, the right to transport a firearm under certain conditions, notwithstanding State or local law to the contrary. The firearms must be unloaded and in a locked trunk or, in a vehicle lacking a trunk, in a locked container other than the glove compartment or console. Also, the carrying and possession must be lawful at the place of origin and destination. [18 U.S.C. 926A, 27 CFR 178.38]
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Link Posted: 3/20/2001 4:21:29 AM EDT
Thanks for the info. I am now even more certain that transporting my M15A2 in the trunk will be completely legal. What I did not see was a definition of the word "transportation." I plan to stop at a motel and *very discreetly* bringing the cased AR into the room for the night. It appears that this federal "get out of jail free" card would NOT apply to that situation. No problem: I'll avoid sleeping in cities with AR bans (like Dayton or Columbus Ohio).
Link Posted: 3/20/2001 5:06:30 AM EDT
This is also known as the "Firearms Owner Protection Act" It lists a bunch of guns that supposedly were "not" assault guns. A much disputed voice vote at the very end was the vote that disallowed new manufacture of machine guns for civvie use. Norm
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