Sorry if this has been covered before, but if my AR pistol is over 26" and classified as a firearm instead of a pistol, is it still considered a pistol instead of a rifle when crossing state lines?

The only way it is considered a non nfa title 1 firearm is if it is 26" or longer and has a vertical foregrip, otherwise it doesn't matter how long it is. It is still a pistol. If it is non nfa tititle 1 Firearm then it must be treated as firearm, and not a pistol, but length alone does not make it a non nfa tirle 1 firearm.

STATE laws are the governing matter. What the ATF interprets as a pistol is whether it has no stock and if it was never originally assembled with a stock and barrel over 16". Other than that, they aren't too concerned.

But the STATE law going from one jurisdiction to the other is what a LEO will interpret. If that state doesn't allow weapons with barrels over a certain length, or states a maximum length for a pistol, that's the ticket. Literally.

There are also laws on transportation. If it's a pistol either state may, or more importantly, may not allow concealed carry loaded and close to hand. In this specific case if the weapon is a "firearm" or in a "firearm" configuration with VFG then it may fall under rules for transporting rifles - cased unloaded in the back. All that will be governed by the LEOs interpretation.

It also goes to why you even got stopped. Not getting stopped is what usually happens, states don't have border guards to inspect your vehicle or poke around in the trunk. Unless you are transiting NJ, then all bets are off. I say that because NJ has some really difficult out of state handgun prohibitions.

What a lot of the transportation laws originally tried to cover was poaching - and the resulting loaded firearms up in the front seat being used by poachers running the roads looking for game animals, usually out of season. Government likes to make rules and they use the rare circumstance to apply law to law abiders, so we wound up with no loaded guns in the vehicle readily available to stop one or two guys in the county jacklighting deer at night.

Now we have to deal with it. It's not the ATF, it's the local laws to consider.

it shouldn't be like that, concerning yourself with this or that state law if you are just passing through that state and not stopping, as the FOPA spells it out that if you're traveling through a  state where that firearm would otherwise be illegal it's still OK for you to transport it just going through. but local yokels barney fife will be unaware of that. sooooooooooooo;


if you plan on transporting your firearm across state line(s) to a final destination, the  easiest and simplest solution where you won't have to concern yourself at all  with state laws, is just ship it by UPS/FEDEX to that destination. a few days before your trip.

just write on the package your name under that a C/O name and the address.

I do this when I fly to go visit my old army buddy in texas,  and plan on bring a gun. much simpler,  easier and less of a headache then dealing with the insanity of TSA/airlines etc....

the day before I leave, I ship it back to my home when I am already home and waiting on the delivery.  


https://www.atf.gov/firearms/qa/may-nonlicensee-ship-firearms-interstate-his-or-her-use-hunting-or-other-lawful-activity

The ATF doesn't change its mind about what it considers your gun just because its crossing state lines.  What matters is the state laws.  Some states have weird laws about what features a pistol can or cant have, how it can be transported, how long the barrel can be, etc.  

Last time I read the laws, in SC, a pistol had to be in a closed compartment like glovebox or console.  If I was in Georgia and didn't have a CCW permit, I could drive around with a pistol sitting in plain view on the passenger seat.  When I drove across the river into South Carolina, I would have to put that pistol in my glovebox or console.  If I kept on going and following all the laws, I could make my way to Massachusetts where just thinking about an AR pistol is a felony or if I made my way to Tennessee, they have a law that says a "handgun" cannot have a barrel over 12 inches, whatever that means.

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

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.

Nobody was disagreeing with you.  However, while passing through, things happen.  You may get in an accident.  You may have to stop for gas.  Somebody may happen to look in your window and see a gun and call the local fuzz.  You may end up with Barney Fife slapping you in cuffs and in the back of his cruiser because you're violating state or local laws.  Then it'll be up to you to post bail and get a lawyer and explain that you were just passing through.  So, it would be best to follow the state laws like I mentioned above to avoid breaking the local laws and giving Deputy Fife any reason at all the ruin your trip.

I agree with the above posters federally you have no issues, which I think was the question, state laws may vary. If your going to through shithole states, NY, MA MD, NJ, CT, IL, CA. I would do you best to hide it and transport it according to FOPA. I would also not stop for any reason if you can help it in any of those states, if they ask to search your vehicle if you are stopped refuse following you 4th amendment rights.