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Posted: 7/12/2003 2:43:26 PM EDT
Does anyone know the regulations for crossing from NY in NJ, MD, or PA? I have friends in these states and want to take my AR to the ranges with them. Thanks
Link Posted: 7/13/2003 4:26:01 AM EDT
A: The rifle must be legal in the state it is going to. Check with a resident of the destination state for legality of specific firearms and don't forget about legality of your mags (high caps) and specific ammunition (i.e., tracer) as well. Also, if you are going from, say, NY to VA, the weapon must be legal in NY and VA. It can be totally banned in every state in between and you are protected under point B.

B: You must transport the weapon in accordance with the federal interstate transportation law. You can find the exact text on the ATF website but, essentially the weapon must be unloaded, cased and locked with ammunition separate from the weapon and kept as far out of immediate access as possible (i.e., in the trunk or all the way in the back in an SUV). You are protected by this law as long as you comply with it.
Link Posted: 7/13/2003 10:15:54 AM EDT
Be aware that some jurisdictions in NYS ignore the federal law and will arrest you for possession of a handgun without a NYS pistol permit.

May a nonlicensee transport firearms interstate for sporting or other lawful purposes? [Top]

Yes, provided the weapon is 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 transportation must be lawful in the place of origin and destination.

[18 U.S.C. 926A, 27 CFR 178.38]

www.atf.treas.gov/firearms/nlc/ffl/faqs_genques.htm#q6

[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR178.38]

[Page 1149]

TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE
TREASURY

PART 178--COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart C--Administrative and Miscellaneous Provisions

Sec. 178.38 Transportation of firearms.

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where such person may lawfully possess and carry such firearm to any other place where such person may lawfully possess and carry such firearm if, during such
transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle:
Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

[T.D. ATF-270, 53 FR 10494, Mar. 31, 1988]

www.access.gpo.gov/nara/cfr/waisidx_02/27cfr178_02.html


Sec. 926A. - Interstate transportation of firearms

TITLE 18 > PART I > CHAPTER 44 > Sec. 926A.

Sec. 926A. - Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console

www4.law.cornell.edu/cgi-bin/htm_hl?DB=uscode&STEMMER=en&WORDS=18+926a+&COLOUR=Red&STYLE=s&URL=/uscode/18/926A.html#muscat_highlighter_first_match


Link Posted: 7/14/2003 6:34:17 PM EDT
You do not have to let the COP search your car, and you do not have to answer any questions(These are from caselaw). If he stops you for a motor vehicle violation be polite, and cooperate. But that is were it ends. If he insists on searching your car, tell him to get a warrant, ask for a lawyer, and then shut up. If the cop is an A$%%*hole, use your cellphone, and call your voice mail to record what he says and his actions. Or use a tape recorder.

Unfortunately, several years ago a Florida driver was stopped by the state police in NJ. He was cooperative, and when asked if he had any guns in the car, he stated yes. The trooper asked to see the gun/s, and the driver agreed. Then the cuffs were slapped on him, and off to jail he went. I Know criminals may be reading this, and use my advise, but I do not want to see some honest gun owner get arrested through trickery.
Link Posted: 7/15/2003 8:33:18 PM EDT
... You can't even imagine my frustration regarding this!

... I'll be flying into Newark tomorrow and working in Manhattan the following several weeks. When I'm finally done with this project I'm planning on driving south until I hit Miami over a three weeks span.

... All the while wishing I was able to exercise my right to personal protection by carrying. But noooooo! The east coast doesn't trust me with a firearm. Damn.

... Good bless Arizona!
Link Posted: 7/16/2003 7:33:14 PM EDT
You should have arranged to have a pistol w/ you for the drive to Florida. I drove to Ft. Myers, and I brought 2 handguns w/ me. S%$%$, I drove to New Hampshire with a 12 gauge, bushmaster, glock 21 and a .38. You should have drove out here, or You can mail a gun to an address if it is mailed to you as the receiver(IE: in care of).
Good luck.
Link Posted: 7/18/2003 5:56:29 AM EDT
I had read an account of NYS arresting a guy for a handgun in his trailer. It was said it was not necessary to get a warrant. We spend a month a year in our trailer. Wehave clothes and pocessions in it. The IRS lets me deduct the interest as a 2ndhome.
Now is there a 4th ammendment? Am I not to be safe and secure in my home. SO it has wheels, so do many homes in W VA. Sorry I had to get that off.
I travel with my guns, I might want to go to a range, I desire personal protection.
Link Posted: 7/18/2003 5:41:51 PM EDT
According to court cases, Judges will look at a Motor home if they are readily mobile, such as getting gas, or set up in a camp attached to sewer, electric etc. To search a home or a vehicle, the Police need a warrant, concent or exigent circumstances. Just remember what I wrote above, and you will be fine. If you have further questions, consult a good criminal and evidence lawyer. In NJ, it is a slippery slope when it comes to firearms. Just always remember w/ the POlice SHUT UP, and dont't sign anything. Ask for a lawyer.
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