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AR15.COM
4/12/2010 9:36:38 PM EDT
Help me out guys, been a few years since I did this, and maybe things have changed more than I realized.

Does a person need a "permit" to travel with checked firearms, either a special permit for travelling with them or something along the lines of a background check form proving you're not ineligible to own a firearm?

Also, are FTF transfers now illegal nationwide or something?

I'm not even planning on taking a firearm when I travel next, but I thought it was still relatively straightforward, just declare, have TSA check you bag and firearm, and have locking luggage, guncase, et cetera.

Links to relevant rules, regs, and laws are also appreciated.  Just trying to square what I thought I knew with what I have been told.

Posted Via AR15.Com Mobile
4/12/2010 10:06:23 PM EDT
[#1]
easy to fly with firearms

it is and has been for as long as I know been illegal to do ftf between residents of different states
you can buy/trade long guns with an ffl from another state ftf
all handguns must go though ffl in your state if coming from out of state

hopefully that makes sense
4/12/2010 10:27:53 PM EDT
[#2]
Quoted:
easy to fly with firearms

it is and has been for as long as I know been illegal to do ftf between residents of different states
you can buy/trade long guns with an ffl from another state ftf
all handguns must go though ffl in your state if coming from out of state

hopefully that makes sense


Yes, thanks. The two weren't relates (FTF and travel), just two separate issues that were discussed.  I had researched FTF in case a military member from out of state wanted to buy the H&K pistol I sold, but if they're stationed in your state and the state allows FTF (and they're not otherwise barred from ownership) it's legal.  I posted about that issue in the legal section months ago and someone provided the appropriate BATFE site links for that one.

I was having a conversation tonight is all, and didn't see how gun laws could have changed to the point the person said they had without my knowing about it.  

Posted Via AR15.Com Mobile
4/12/2010 10:31:27 PM EDT
[#3]
Another spin-off: Is the background check performed when you purchase considered a "permit" in the legal sense?  I can see it being labeled as a "permitting process" but not a "permit."

Posted Via AR15.Com Mobile
4/12/2010 10:52:14 PM EDT
[#4]
Quoted:
Quoted:
easy to fly with firearms

it is and has been for as long as I know been illegal to do ftf between residents of different states
you can buy/trade long guns with an ffl from another state ftf
all handguns must go though ffl in your state if coming from out of state

hopefully that makes sense


Yes, thanks. The two weren't relates (FTF and travel), just two separate issues that were discussed.  I had researched FTF in case a military member from out of state wanted to buy the H&K pistol I sold, but if they're stationed in your state and the state allows FTF (and they're not otherwise barred from ownership) it's legal.  I posted about that issue in the legal section months ago and someone provided the appropriate BATFE site links for that one.

I was having a conversation tonight is all, and didn't see how gun laws could have changed to the point the person said they had without my knowing about it.  

Posted Via AR15.Com Mobile


You are not correct on your information
According to BATF, they must declare the state that they are in as thier residence
They can have a different duty station of record, but in order to legally buy a pistol or "other" reciever/pistol gripped shotgun, they must declare residencey in that state.
Out of state for long guns is fine.
There was a newsletter from BATFE clarifying it and specifically talkling about "other"weapons
FWIW, you must be 21 to purchase an "other" weapon
4/12/2010 10:53:46 PM EDT
[#5]
Quoted:
Another spin-off: Is the background check performed when you purchase considered a "permit" in the legal sense?  I can see it being labeled as a "permitting process" but not a "permit."

Posted Via AR15.Com Mobile


No
4/12/2010 11:01:26 PM EDT
[#6]
Quoted:
Quoted:
Quoted:
easy to fly with firearms

it is and has been for as long as I know been illegal to do ftf between residents of different states
you can buy/trade long guns with an ffl from another state ftf
all handguns must go though ffl in your state if coming from out of state

hopefully that makes sense


Yes, thanks. The two weren't relates (FTF and travel), just two separate issues that were discussed.  I had researched FTF in case a military member from out of state wanted to buy the H&K pistol I sold, but if they're stationed in your state and the state allows FTF (and they're not otherwise barred from ownership) it's legal.  I posted about that issue in the legal section months ago and someone provided the appropriate BATFE site links for that one.

I was having a conversation tonight is all, and didn't see how gun laws could have changed to the point the person said they had without my knowing about it.  


You are not correct on your information
According to BATF, they must declare the state that they are in as thier residence
They can have a different duty station of record, but in order to legally buy a pistol or "other" reciever/pistol gripped shotgun, they must declare residencey in that state.
Out of state for long guns is fine.
There was a newsletter from BATFE clarifying it and specifically talkling about "other"weapons
FWIW, you must be 21 to purchase an "other" weapon


Hmm, I thought the BATFE page just said they had to have orders and such for that post or base, I will have to dig the thread up from the Legal archives and re-read.  Doesn't matter as I wound up selling to a local, but I would hate to screw up on something like that if I ever sold off another handgun.  

As for being 21, I count that as part of not being "otherwise barred" along with not being a felon and such.   Though I guess the felon thing might change somewhat, with that new law.

Posted Via AR15.Com Mobile
4/13/2010 6:10:00 AM EDT
[#7]
you'll need a hard tsa approved case as well. It can be inside of your luggage but the firearm needs its own hard case. also ammo must be seperate.
4/13/2010 10:11:39 PM EDT
[#8]
Quoted:
you'll need a hard tsa approved case as well. It can be inside of your luggage but the firearm needs its own hard case. also ammo must be seperate.


All true EXCEPT the ammo part- in CAN be inside the same case. Ammo MUST be in a container designed to hold ammo (not loose in a bag for example), it MAY be in magazines as long as the magazines are in a pouch or holder that completely covers the ammo.

From the TSA website, www.tsa.gov:

Traveling with Special Items
Firearms & Ammunition


You may only transport firearms, ammunition and firearm parts in your checked baggage. Firearms, ammunition and firearm parts are prohibited from carry-on baggage.

There are certain limited exceptions for law enforcement officers who may fly armed by meeting the requirements of Title 49 CFR § 1544.219. Law enforcement officers should read our policies on traveling with guns.

The key regulatory requirements to transporting firearms, firearm parts or ammunition in checked baggage are:

You must declare all firearms to the airline during the ticket counter check-in process.
The firearm must be unloaded.
The firearm must be in a hard-sided container.
The container must be locked. A locked container is defined as one that completely secures the firearm from access by anyone other than you. Cases that can be pulled open with little effort do not meet this criterion. The pictures provided here illustrate the difference between a properly packaged and an improperly packaged firearm.

We recommend that you provide the key or combination to the security officer if he or she needs to open the container. You should remain in the area designated by the aircraft operator or TSA representative to take the key back after the container is cleared for transportation. If you are not present and the security officer must open the container, we or the airline will make a reasonable attempt to contact you. If we can't contact you, the container will not be placed on the plane. Federal regulations prohibit unlocked gun cases (or cases with broken locks) on aircraft.

You must securely pack any ammunition in fiber (such as cardboard), wood or metal boxes or other packaging that is specifically designed to carry small amounts of ammunition.

You can't use firearm magazines/clips for packing ammunition unless they completely and securely enclose the ammunition (e.g., by securely covering the exposed portions of the magazine or by securely placing the magazine in a pouch, holder, holster or lanyard).

You may carry the ammunition in the same hard-sided case as the firearm, as long as you pack it as described above.
You can't bring black powder or percussion caps used with black-powder type firearms in either your carry-on or checked baggage.

We and other authorities strictly enforce these regulations. Violations can result in criminal prosecution and civil penalties of up to $10,000 per violation.

Airlines may have their own additional requirements on the carriage of firearms and the amount of ammunition that you may have in your checked baggage. Therefore, travelers should also contact the airline regarding its firearm and ammunition carriage policies.

Also, please note that many other countries have different laws that address transportation and possession of firearms. If you are traveling internationally, please check with the authorities at your destination about their requirements.
4/13/2010 11:06:40 PM EDT
[#9]
Quoted:
Quoted:
Quoted:
Quoted:
easy to fly with firearms

it is and has been for as long as I know been illegal to do ftf between residents of different states
you can buy/trade long guns with an ffl from another state ftf
all handguns must go though ffl in your state if coming from out of state

hopefully that makes sense


Yes, thanks. The two weren't relates (FTF and travel), just two separate issues that were discussed.  I had researched FTF in case a military member from out of state wanted to buy the H&K pistol I sold, but if they're stationed in your state and the state allows FTF (and they're not otherwise barred from ownership) it's legal.  I posted about that issue in the legal section months ago and someone provided the appropriate BATFE site links for that one.

I was having a conversation tonight is all, and didn't see how gun laws could have changed to the point the person said they had without my knowing about it.  


You are not correct on your information
According to BATF, they must declare the state that they are in as thier residence
They can have a different duty station of record, but in order to legally buy a pistol or "other" reciever/pistol gripped shotgun, they must declare residencey in that state.
Out of state for long guns is fine.
There was a newsletter from BATFE clarifying it and specifically talkling about "other"weapons
FWIW, you must be 21 to purchase an "other" weapon


Hmm, I thought the BATFE page just said they had to have orders and such for that post or base, I will have to dig the thread up from the Legal archives and re-read.  Doesn't matter as I wound up selling to a local, but I would hate to screw up on something like that if I ever sold off another handgun.  

As for being 21, I count that as part of not being "otherwise barred" along with not being a felon and such.   Though I guess the felon thing might change somewhat, with that new law.

Posted Via AR15.Com Mobile


This was in a newsletter that BATFE sent out earlier this year
Its plausible that the "rules" have changed at some point
It also spelled out that a reciever (even a stripped AR0 or a pistol gripped firerm require the purchaser to be 21
4/13/2010 11:42:00 PM EDT
[#10]
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
easy to fly with firearms

it is and has been for as long as I know been illegal to do ftf between residents of different states
you can buy/trade long guns with an ffl from another state ftf
all handguns must go though ffl in your state if coming from out of state

hopefully that makes sense


Yes, thanks. The two weren't relates (FTF and travel), just two separate issues that were discussed.  I had researched FTF in case a military member from out of state wanted to buy the H&K pistol I sold, but if they're stationed in your state and the state allows FTF (and they're not otherwise barred from ownership) it's legal.  I posted about that issue in the legal section months ago and someone provided the appropriate BATFE site links for that one.

I was having a conversation tonight is all, and didn't see how gun laws could have changed to the point the person said they had without my knowing about it.  


You are not correct on your information
According to BATF, they must declare the state that they are in as thier residence
They can have a different duty station of record, but in order to legally buy a pistol or "other" reciever/pistol gripped shotgun, they must declare residencey in that state.
Out of state for long guns is fine.
There was a newsletter from BATFE clarifying it and specifically talkling about "other"weapons
FWIW, you must be 21 to purchase an "other" weapon


Hmm, I thought the BATFE page just said they had to have orders and such for that post or base, I will have to dig the thread up from the Legal archives and re-read.  Doesn't matter as I wound up selling to a local, but I would hate to screw up on something like that if I ever sold off another handgun.  

As for being 21, I count that as part of not being "otherwise barred" along with not being a felon and such.   Though I guess the felon thing might change somewhat, with that new law.


This was in a newsletter that BATFE sent out earlier this year
Its plausible that the "rules" have changed at some point
It also spelled out that a reciever (even a stripped AR0 or a pistol gripped firerm require the purchaser to be 21


Wouldn't surprise me if the rules for FTF with A.D. .MIL got changed since I posted last year.  Some seem to want to make it as difficult as possible for those that defend us to defend themselves at home.  If I remember right, those that posted in legal copied the text from the BATFE site as well as posting a link.  Must remember to dig it up when I get home.

Posted Via AR15.Com Mobile
4/14/2010 12:33:01 AM EDT
[#11]
RE:  .mil
Orders assigning someone to a base prove state residency for military.  Either way, I recommend everyone interested in buying firearms to get a drivers license in the state they are stationed in(it keeps things simple for you and the FFL holder).   In the past, I've had NC, LA, and AK licenses, in addition to my MA license-never had an issue buying a firearm in any of those states.
4/14/2010 12:56:47 AM EDT
[#12]
Quoted:
RE:  .mil
Orders assigning someone to a base prove state residency for military.  Either way, I recommend everyone interested in buying firearms to get a drivers license in the state they are stationed in(it keeps things simple for you and the FFL holder).   In the past, I've had NC, LA, and AK licenses, in addition to my MA license-never had an issue buying a firearm in any of those states.


That is true, but according to BATFE, they MUST declare residencey as that state if buying a handgun or other

I.e. if you are stationed at Ft Wainwright, but your base of record (I think that is what it is called) is Ft. Still, you have to declare that you are a resident of the state on the 4473.
We ran into that with a soldier trying to buy a pistol gripped mossberg.  NICS wouldnt even consider it for approval.  
Hope that makes sense
4/14/2010 1:16:26 AM EDT
[#13]
Quoted:
Quoted:
RE:  .mil
Orders assigning someone to a base prove state residency for military.  Either way, I recommend everyone interested in buying firearms to get a drivers license in the state they are stationed in(it keeps things simple for you and the FFL holder).   In the past, I've had NC, LA, and AK licenses, in addition to my MA license-never had an issue buying a firearm in any of those states.


That is true, but according to BATFE, they MUST declare residencey as that state if buying a handgun or other

I.e. if you are stationed at Ft Wainwright, but your base of record (I think that is what it is called) is Ft. Still, you have to declare that you are a resident of the state on the 4473.
We ran into that with a soldier trying to buy a pistol gripped mossberg.  NICS wouldnt even consider it for approval.  
Hope that makes sense


Gotcha––dude trying to buy was probably new to firearm buying or just up here temporarily.  I know FFLs are probably not supposed to coach the applicant on how to answer questions, but with regards to residency, many military folks do not understand.  If Psychovore can dig up that reg that specifies military residence, it would be a good thing to mention when dealing with kids from the military––-"according to the ATF, you may have a New York license, but are considered a resident of Alaska because your permanent change of station(PCS) orders put you here".

Edit––I know a couple shops here that go out of their way to mention that to the military kids.
4/14/2010 1:24:46 AM EDT
[#14]
Quoted:
Quoted:
Quoted:
RE:  .mil
Orders assigning someone to a base prove state residency for military.  Either way, I recommend everyone interested in buying firearms to get a drivers license in the state they are stationed in(it keeps things simple for you and the FFL holder).   In the past, I've had NC, LA, and AK licenses, in addition to my MA license-never had an issue buying a firearm in any of those states.


That is true, but according to BATFE, they MUST declare residencey as that state if buying a handgun or other

I.e. if you are stationed at Ft Wainwright, but your base of record (I think that is what it is called) is Ft. Still, you have to declare that you are a resident of the state on the 4473.
We ran into that with a soldier trying to buy a pistol gripped mossberg.  NICS wouldnt even consider it for approval.  
Hope that makes sense


Gotcha––dude trying to buy was probably new to firearm buying or just up here temporarily.  I know FFLs are probably not supposed to coach the applicant on how to answer questions, but with regards to residency, many military folks do not understand.  If Psychovore can dig up that reg that specifies military residence, it would be a good thing to mention when dealing with kids from the military––-"according to the ATF, you may have a New York license, but are considered a resident of Alaska because your permanent change of station(PCS) orders put you here".

Edit––I know a couple shops here that go out of their way to mention that to the military kids.


My Dad is a retired colonel, so he knows the ins and outs for soliders and does everything he can to help them (within obvious limits of the law).

He explained it to him.  Guy had PCS orders and had been here for more than a year.  He just didnt want to list his state of residencey as Alaska.  Not sure why, he didnt explain and it was none of our business.
4/14/2010 1:26:54 AM EDT
[#15]
The other thing I found interesting...

If my Dad sells to an out of state resident, he (my Dad) has to follow Alaska State Law, Federal Law, and the Law of the State the Person is from.

Fuck is that a nightmare in trying to figure everything out when someone is from California.
4/14/2010 1:27:44 AM EDT
[#16]
Quoted:
Quoted:
Quoted:
Quoted:
RE:  .mil
Orders assigning someone to a base prove state residency for military.  Either way, I recommend everyone interested in buying firearms to get a drivers license in the state they are stationed in(it keeps things simple for you and the FFL holder).   In the past, I've had NC, LA, and AK licenses, in addition to my MA license-never had an issue buying a firearm in any of those states.


That is true, but according to BATFE, they MUST declare residencey as that state if buying a handgun or other

I.e. if you are stationed at Ft Wainwright, but your base of record (I think that is what it is called) is Ft. Still, you have to declare that you are a resident of the state on the 4473.
We ran into that with a soldier trying to buy a pistol gripped mossberg.  NICS wouldnt even consider it for approval.  
Hope that makes sense


Gotcha––dude trying to buy was probably new to firearm buying or just up here temporarily.  I know FFLs are probably not supposed to coach the applicant on how to answer questions, but with regards to residency, many military folks do not understand.  If Psychovore can dig up that reg that specifies military residence, it would be a good thing to mention when dealing with kids from the military––-"according to the ATF, you may have a New York license, but are considered a resident of Alaska because your permanent change of station(PCS) orders put you here".

Edit––I know a couple shops here that go out of their way to mention that to the military kids.


My Dad is a retired colonel, so he knows the ins and outs for soliders and does everything he can to help them (within obvious limits of the law).

He explained it to him.  Guy had PCS orders and had been here for more than a year.  He just didnt want to list his state of residencey as Alaska.  Not sure why, he didnt explain and it was none of our business.


Strange––-oh well, the military takes all kinds of hardheaded folks.  Sometimes for the better, sometimes.....not.
4/14/2010 1:30:25 AM EDT
[#17]
Quoted:
The other thing I found interesting...

If my Dad sells to a solider who is PCS'd up here, he (my Dad) has to follow Alaska State Law, Federal Law, and thhe Law of the State the Person is from.

Fuck is that a nightmare in trying to figure everything out when someone is from California.




Odd-I'm a Massachusetts resident, yet because the Army says I am assigned to X state, I become X resident for the time I'm there..  I've bought guns in NC, LA, TX, and AK, and what you mentioned is NOT my experience.
4/14/2010 2:05:17 AM EDT
[#18]
Quoted:
Quoted:
The other thing I found interesting...

If my Dad sells to a solider who is PCS'd up here, he (my Dad) has to follow Alaska State Law, Federal Law, and thhe Law of the State the Person is from.

Fuck is that a nightmare in trying to figure everything out when someone is from California.




Odd-I'm a Massachusetts resident, yet because the Army says I am assigned to X state, I become X resident for the time I'm there..  I've bought guns in NC, LA, TX, and AK, and what you mentioned is NOT my experience.


Actually, I miss posted that
It should be TDY not PCS
Basically anyone not a resident
4/14/2010 2:08:52 AM EDT
[#19]
Quoted:
The other thing I found interesting...

If my Dad sells to a solider who is PCS'd up here, he (my Dad) has to follow Alaska State Law, Federal Law, and thhe Law of the State the Person is from.

Fuck is that a nightmare in trying to figure everything out when someone is from California.


It's late so maybe im just not picking up on this. So if their PCS'd up here, according to the ATF they are residents up here. Why do you have to deal with laws where there from?

Never mind, you just changed what you said.