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Posted: 1/7/2022 10:56:25 AM EDT
I am moving this Spring. I will be driving through several states. I have a concealed handgun permit in my current state for my handguns and I also have some long guns.
I'm a little confused on the laws for moving and transporting these guns through states where my concealed handgun permit doesn't have reciprocity.

Am I legally allowed to transport my guns when I am moving no matter what state I drive through?

This article from the ATF seems to say it's OK, but wanted to check and see if anybody had any other info, specifically on moving handguns since several of the states I'm driving through don't have the same laws as where I live and where I'm moving.

https://www.atf.gov/firearms/qa/may-person-who-relocating-out-state-move-firearms-other-household-goods
Link Posted: 1/7/2022 11:22:59 AM EDT
[#1]
As long as you don't drive through New York you should be OK.  I've heard stories of people getting arrested for transporting a firearm while simply passing through the state.
Link Posted: 1/7/2022 11:25:56 AM EDT
[#2]
If the guns are unloaded and the ammo is in a non passenger compartment you're ok. I'd be more concerned about theft than confiscation. A friend moved from Tennessee to the Detroit area about 30 years ago. He was stopped by a Michigan State Trooper. Trooper asked if any guns were in his truck, he replied yes. He explained he was presently a Police Officer, he was burning vacation time and in the process of moving to get married but still had his duty arm and few others. The Trooper had him standing on the shoulder and took out about 10 long guns and pistols, laid them on the hood of his truck and ran each serial number. The whole time giving him the stink eye.
Link Posted: 1/7/2022 11:32:43 AM EDT
[#3]
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Quoted:
As long as you don't drive through New York you should be OK.  I've heard stories of people getting arrested for transporting a firearm while simply passing through the state.
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I have to go through NY, no way around it unfortunately
Link Posted: 1/7/2022 11:33:46 AM EDT
[#4]
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Quoted:
If the guns are unloaded and the ammo is in a non passenger compartment you're ok. I'd be more concerned about theft than confiscation. A friend moved from Tennessee to the Detroit area about 30 years ago. He was stopped by a Michigan State Trooper. Trooper asked if any guns were in his truck, he replied yes. He explained he was presently a Police Officer, he was burning vacation time and in the process of moving to get married but still had his duty arm and few others. The Trooper had him standing on the shoulder and took out about 10 long guns and pistols, laid them on the hood of his truck and ran each serial number. The whole time giving him the stink eye.
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So there is no official way to transport firearms when moving to avoid this? If the ATF says it's fine how could any local law enforcement seize guns?
Link Posted: 1/7/2022 11:40:15 AM EDT
[#5]
Most ‘local’ law enforcement do what they want to. Especially if they can control some one. Makes them feel big and important. And don’t anybody criticize me, I have seen this shit too many times.
Link Posted: 1/7/2022 11:48:40 AM EDT
[#6]
Ok...so I guess I don't get it. How do people move their gun collections when they move if local cops can just go above the ATF? People move like this all the time.
Link Posted: 1/7/2022 12:45:34 PM EDT
[#7]
As a side note, does anyone have any personal experience or more info on FOPA?
Link Posted: 1/7/2022 12:49:03 PM EDT
[#8]
Pretty sure if they're unloaded and stored separately from the ammo you're gtg.
Link Posted: 1/7/2022 4:48:12 PM EDT
[#9]
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Quoted:


So there is no official way to transport firearms when moving to avoid this? If the ATF says it's fine how could any local law enforcement seize guns?
View Quote

Federal law (under FOPA) says it's ok. NY state basically takes a big dump on that and arrests people anyways (just my understanding of the situation, I don't actually know anyone that has been arrested). That's not to say you can't hire a lawyer and get the charges dropped or appeal it up high enough that a court will smack NY State down. It just means that NY knows they can make your life hell for a few years so they're going to.

My advice, keep them unloaded, locked up (in a safe or case), put them all in the most inaccessible part of the moving truck or trailer, put a lot of mundane household goods between them and anyone that opens the door, then drive normal. If pulled over, already have a plan and rehearsed answers to questions about guns.

Leo: Are there any drugs in the truck?
You: No
Leo: Are there any guns in the truck?
You: Sir, I'm helping move my grandma, I only have normal household goods.

Don't lie, don't volunteer anymore information than they ask for, answer truthfully but in a way that leads them to the conclusion that you're just a regular guy moving across the country and that there is nothing concerning in your vehicle.

IANAL so take this advice for what you paid for it. In NY if you answer in any way that leads them to believe you have guns you're screwed...
Link Posted: 1/8/2022 6:40:26 PM EDT
[#10]
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Quoted:
Ok...so I guess I don't get it. How do people move their gun collections when they move if local cops can just go above the ATF? People move like this all the time.
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Drive legally/safely, make no unnecessary stops, avoid anti-gun states where possible, Give no gun indication on your car, clothes or anything in view, including if you have to change a tire. Preferably in a U-haul and not passenger compartment. And of course, admit nothing.
Link Posted: 1/9/2022 1:29:15 AM EDT
[#11]
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Quoted:
Drive legally/safely, make no unnecessary stops, avoid anti-gun states where possible, Give no gun indication on your car, clothes or anything in view, including if you have to change a tire. Preferably in a U-haul and not passenger compartment. And of course, admit nothing.
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Eat, use the toilet, and top off with gas at the last possible place you can in PA before crossing into NY.  Drive straight through NY without stopping and don't speed.
Link Posted: 1/10/2022 12:44:55 PM EDT
[#12]
So even long guns are an issue when driving through NY?
Link Posted: 1/10/2022 2:33:51 PM EDT
[#13]
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Quoted:
So even long guns are an issue when driving through NY?
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IANAL nor am I a NYS gun expert. But yes, NY also heavily regulates long guns, especially evil black ones and the magazines that go in them. Without specifics nobody can tell you if it's legal to pass through or not...
Link Posted: 1/10/2022 2:35:30 PM EDT
[#14]
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Quoted:
So even long guns are an issue when driving through NY?
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Very few folks who live in free states have a gun collection that complies with NY SAFE Act
Link Posted: 1/10/2022 2:39:51 PM EDT
[#15]
Don't wear anything tacticool, not even a canvas belt.
Link Posted: 1/10/2022 2:45:40 PM EDT
[#16]
I've done it 3ish times across the country, including some ban states. follow the FOPA rules and don't drive like an asshole. I had everything locked up in the trunk, unloaded, etc. except for my carry gun. I carried as legally allowed in every state, and in states that it was verbotten I would stop before entering, unload and lock it in the trunk, get gas, and drive through. reload on the other side.

it's not the end of the world, it's not illegal, it just feels dirty. Don't be obvious about it and just drive like a person.
Link Posted: 1/24/2022 2:02:49 PM EDT
[#17]
NY and NJ will happily hang you out to dry, Federal law or not.
If you can detour around NJ do it and just keep out of NYC.
Will you be using a moving van? If they are buried deep inside it is unlikely that you will be asked to unload.
Be sure to keep your CCW hidden, nothing like handing your DL and CCW to an anti gun cop.

ETA - If you will be using a navigation device ignore it, they constantly wanted me to take I-95 through NYC, bad move timewise as well.
Keep to the western parts of the state, it will be more miles but less time, maybe I-77 to I-81 if you are in SC.
Link Posted: 1/24/2022 3:33:31 PM EDT
[#18]
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Quoted:

Will you be using a moving van? If they are buried deep inside it is unlikely that you will be asked to unload.

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Quoted:

Will you be using a moving van? If they are buried deep inside it is unlikely that you will be asked to unload.

Good advice. However, I want to address the part that I bolded.

If the police have "probable cause" (there is a legal definition of this), they will NOT ask permission . . . they will just search everything.

https://thelawdictionary.org/article/definitions-of-probable-cause-vs-reasonable-suspicion/

According to the Supreme Court, probable cause to make an arrest exists when an officer has knowledge of such facts as would lead a reasonable person to believe that a particular individual is committing, has committed, or is about to commit a criminal act. The officer must be able to articulate the facts and circumstances forming the basis for probable cause.
If the police do NOT have "probable cause", they can not search the vehicle UNLESS you give permission or they get a search warrant. There is no reason to volunteer to let them search anything. Just be polite and state "sorry, not unless you have a search warrant". They can legally ask to search but if they do so, you know that they are on a fishing expedition and have no evidence to allow them to search. Don't volunteer and give them anything to try to find/create a crime.

[I'm a retired police officer.]
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