Posted: 3/30/2013 7:36:14 PM EDT
| So, my son is a Marine and was just permanently stationed at Camp Lejeune in NC. I am taking his truck and all of his belongings down to him in the next few weeks. He has two handguns, and a CPL. I have a CPL. Is it legal for me to transport them interstate? States traveled through would be Ohio, West Virginia, Virginia, and NC. I feel like the answer is no, but was hoping someone would know for sure. Thanks. |
| Because you have a CPL, transporting his handguns in Michigan won't be a problem at all. I don't know about the other states, but http://www.handgunlaw.us might be able to help. |
| Also not an expert but its interstate... Federal law trumps local. Not too many ways for a non owner to do it. I would think he would have to mail them to an ffl in the destination state if he is not the one to transport them. Could try common sense and lock them up in a good case to which you do not have a key? Id guess that would keep you out of hot water. The law that allows for transport makes no mention of doing it for other people. I supose he could transfer them to you and you could transfer them back when he arives at the destiination. That kinda seems like a way of avoiding an ffl though... I just realized an gun trust would completely solve this issue. I guess i see why they are popular. If his guns were in his trust he coulp simply make you a trustee and away you go. |
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Ownership of the firearms is not being transferred, so an FFL is not necessary at this time. Because you have a CPL, the requirement in Michigan to register the pistols in your name does not apply. There is no federal requirement to register a handgun, so there is no issue there. If ownership was being transferred to another person in another state, going through an FFL would be necessary regardless of the firearm type. Transporting personal effects (including firearms) to a new residence does not constitute a transfer of ownership. Any registration requirements in NC would apply, though. |
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Sure is some complicated shit. Seems like everything is set up to catch a guy at the least little slip. I've been sifting through pages and pages - my head hurts.
I was just gonna give up and ship ffl to ffl. At least I knew that would be safe. But Glockster - you're saying that you think it would be legal for me to transport interstate? I'll be pulling a uhaul trailer, and would case them and lock them in the trailer. I'm just trying to cover my ass and do everything on the up and up. Thanks again. |
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Provided the firearms are legal to own at the destination, you would be good to go transporting them. The rules would be the same for anyone else changing their residence to another state. Because your son already owns them, they are not being transferred, he is just moving. You are just helping to move his personal property to the new residence. Once there, he would be required to comply with any local regulations regarding registration if there is such a requirement. |
| Is shipping them an option? You can ship guns to yourself (a lot of hunters do this) at a destination without using an FFL. The shipper (UPS or FedEx) may have issues with that though because they have no proof the guns are his and your names wouldn't match so it wouldn't appear to be shipping to himself. |