bringing gun with me when i move

D

dtarvin

Inactive
hey everyone, i have a very general and maybe stupid question, but from what I've been reading, its illegal (felony) to bring a gun across state lines...? right... well... just say for example if i move across the country, and i bring a pistol with me...(driving) to a new state. its still in my possession, its not changing ownership, just... where i keep it. is there some form i have to fill out or something?

thanks
 
As long as it is legal for you to possess the gun in both the state in which you currently live and the state to which you are moving, then it is legal for you to transport the gun between the two locations.

There is no form you need to fill out unless your destination state requires you to register or license the gun.

You need to be careful about driving through areas where it may not be legal to possess on the way to your destination. While there is a law that protects you, it won't protect you enough to prevent it from costing you a lot of time and money if you get caught.
 
Here is my own procedure. Be advised that I am not an LEO nor a lawyer. It would behoove you to consult one first.
-------------------------------------------------------------------------

Very first step, research the laws of the state you are going to. Make sure your weapon is legal there. IE, if I was moving to California, I would have to leave my AR-15 rifle behind, it is classified as an Assault weapon in California. I could bring my Keltec P-11, but I would have to leave behind my 15 round magazine, and purchase a 10 round or less magazine to meet the states ban on high capacity magazines. I would have to realize that my FL Concealed carry permit is officially useless in California.

hard secure your weapon(S). Unload it, open the breach or partially disassemble. Good methods include
-removing your firing pin, and keeping it seperate from the gun.
-Removing the slide from the frame, but storing them together,
-putting on a trigger lock,
-running a ziptie out both ends of the barrel,
Feel free to use a combination of these ideas.

put the now temporarily nonfunctional gun inside a hard case, and put a padlock or combo lock on the case. The idea is threefold

1. Segregate the gun from its ammunition.
2. Render the gun temporarily nonfunctional.
3. Secure the gun against theft or tampering.

Now, place your locked gun box in the trunk, out of easy from the passenger section. IE, if you have folding down back seats that allow access to the trunk, put it at the front of the trunk near the bumper. The gun should not be easily accessible to any passengers. It should be secure from roving eyes, so that it is not stolen while you are inside a restaurant eating, or paying for gas.

Now here is your procedure to remember if you are pulled over.

1. Immediately upon being pulled over, announce calmly to the police officer that you would like to declare that you have an unloaded, secured fire arm locked up in your trunk out of reach. Do this while keeping both hands visible.

2. If the officer requests to inspect the fire arm, slowly follow his instructions in retrieving the fire arm. Cooperate as much as possible. Be sure to inform him of the methods you have taken to insure that your weapon is temporarily nonfunctional.

3. A good phrase to remember is "I am on a journey." as in "I am on a journey to (Destination state) I am coming from (Former home state)." Keep it simple, just mention states. As an above poster commented, it is legal for you to transport a weapon from one location where it is legal to another location where it is legal, There is a great chance that the officer will be familiar with that law, because it is a federal law dealing with interstate travel and commerce. But the odds that he will know the exact gunlaws of the state you are leaving, and the state you are going to are slim. The odds of him knowing the specific law regarding the city you are going to is near nonexistent. If you say "I'm coming from Kansas, going to Kentucky." the officer is probably thinking "Okay, this guy went to extreme lengths to cooperate, he's going to a state that isn't known for strict gun laws, and Kansas is right next door, I know he's following their laws." If you say "I'm going from Boise Kansas, to Louiseville KY" then he has to ask himself if there isn't some odd ordinance or local law that prohibits you from having your weapon in either of those two towns. He's might want to call in to ask if what you are doing is illegal. Now, if he asks for specific towns, tell him. But if he doesn't, stick to states.

4. If all else fails, do not argue with the police officer, do not attempt to dissuade him from arresting you. Silence is Golden, compliance is platinum, and the phrase "I would like to speak with an attorney" is straight up freaking Mithril. Always stay polite, always stay calm. Always cooperate with any orders given. Keep your answers to the minimum necessary. And the moment you find yourself wearing a pair of notso fancy steel bracelets, the only words you should utter should be "I would like to speak to an attorney."

1. Calm, compliant, always keep in mind the safety of the officer. DO NOT make yourself out to be a threat. DO NOT make yourself out to be guilty. The truth is, you aren't.

2. Info management. The less you say, the better. Direct, straight up truthful answers are the best policy.
 
There are differing schools of thought on whether it's a good idea to volunteer the information. Some say it indicates a desire to comply, to be honest, to show the officer respect. Some say it's never a good idea to volunteer information to the police.

Either path you choose could backfire depending on the circumstances of the particular situation in which you find yourself. My guess (and it's not much more than that) is that odds favor the person who says nothing, knowing that he is in compliance with the law and therefore what he's doing is none of the officer's business.
 
Don't say unless asked

If you are legally transporting the firearm, unloaded, locked in a case in your trunk, I would not volunteer the information to the Officer. Unless there is probably cause, he has no authority to ask you to open your trunk and your have a right to refuse such a request unless he presents you with a warrent.
 
Why would you volunteer anymore information to the police than you are required to give them in this or any other situation? No good can possibly come of it. Their job is to make arrests and collect evidence after a crime, not to be worried about or protect your rights. Like williamcrane said, unless they have a warrant they cannot search the vehicle without your consent. If you get pulled over for speeding just do what you would normally do when getting pulled over and don't mention the guns. They are being transported legally, you purchased them legally, so why should there be any nervousness or concern? If you get pulled over for speeding would you feel compelled to tell the officer that you have jumper cables or a jack in the trunk? Your guns are no different.

There are many states where it is legal to have your handgun in the front seat with you in the car even without any type of carry permit. Check out the RV/Car Carry link at http://handgunlaw.us/.
 
I would not volunteer information unless asked. "Are there any guns in the
car?" "Yes, officer, there are two in the trunk, in my suitcase. They're unloaded." If the officer asks and you lie and get caught, you're in for a hassle. Be sure you carry in compliance with the laws of all the states you travel through.

In SC, a CWP holder who is carrying is REQUIRED to present his license and inform the officer he is armed when asked for identification by that officer. If he is not carrying, he doesn't have to do anything beyond what any other citizen would.
 
Take or leave my advice as you see fit.

Not mentioning the gun unless specifically asked is fine, as long as you know dead on that you are following the law, and feel comfortable with your travel arrangements.

However, if a person is moving with a gun for the first time ever, unsure as to the exact laws of the areas he is traveling through, and afraid that he may be breaking the law, I would advise caution and overdoing. Its alot easier to explain in court, "I did everything to safely move the weapon, I did everything to cooperate with law enforcement." then it is to explain "I thought I was following the law, I figured that it was none of the officers business that I happened to have a handgun in my car."

Do I always rig myself like this? Nope, I haven't moved out of state, and I'm well versed on my local laws. My SOP for the local area is to hand over my Concealed carry permit with my drivers license and assorted paperwork, and explain to the officer that I have a gun in the car, and where it is. (Usually on my person) My SOP for interstate movements was based on a plan I built when I was being considered for orders to California. It involved crossing several states with varying gunlaws, while transporting multiple fire arms. The last part of the trip consisted of driving through Los Angeles. I couldn't use the interstate commerce law, since my destination was California after all. My plan was to remove all my firing pins, put them in a ziploc bag in the glovebox, and lock my guns up in their carrying cases with the breaches open.

Lawmen do have the option of citing a violation, or just offering counseling and letting you go. Cooperation and honesty can be the difference between an officer saying "Well, technically that ain't legal, but I'll tell you the right way to do it, and let you go about your business," or an officer saying "You're acting kind of fishy, trying to hide things from me. I think I'm going to call in some backup, dig some more, call in that warrant, and see if there ain't anything else here that you don't want to talk about." Its my opinion that only a small portion of law enforcement are motivated by powertrip/a$$hole tendencies, most of them are motivated by a (Rightful) paranoia about their own safety. Most of them are a lot more interested in enforcing the spirit of the law (IE public safety and maintaining the peace) then they are in maintaining the Letter of the Law (IE, all the extra little things that busybody lawyers and politicians stick into the books and expect them to memorize.)

As far as volunteering info goes, the only info I'm saying you should give the officer is;
That you have a gun.
Where the guns are.
How they are secured.
Anything after that, I'd be wary. If you are tempted to lie, or about to say something that you are not 100% sure of, I'd recommend holding your tongue firmly in your mouth.
 
There should never be any question or concern about what the local laws are since the Federal law for interstate transport trumps them. If you are talking about having a loaded handgun in the passenger compartment then you need to pay attention but otherwise just do as the federal law says and don't worry about it. If you are asked if there are guns in the car the correct answer is, "I'd prefer not to discuss the contents of my automobile. If you feel I have committed some crime and you would like to search the car please get a search warrant." Just because the police ask you a question doesn't mean you have to answer it or provide them with any information.

The only time the local laws will come into play is if you are going to stop for the night. That would not be part of a continuous journey. The problems will most likely arise with respect to handguns. In some states like NY you cannot even own a handgun without a permit so stopping for the night in NY while moving from PA to NH is not an option. The information provided at the handgunlaw sites will help you identify the problem states. Just plan your overnight stops accordingly.

The Federal law says, "Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess it to any other place where he may lawfully possess such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, like gasoline and rest, seem permissible."

source and additional information at:http://www.nraila.org/GunLaws/Federal/Read.aspx?id=59

Sorry Curtis but I think the advice you are giving is way, way, off base and that if followed it would result in a bunch of unnecessary headaches. Unless the police have a warrant to search your automobile then anything that is not right in plain sight is none of their business unless they have a warrant. The law is very clear on this. They can ask but you don't have to answer and refusing to answer or consent to a search is not probably cause for a warrant.
 
Last edited:
If you are asked if there are guns in the car the correct answer is, "I'd prefer not to discuss the contents of my automobile. If you feel I have committed some crime and you would like to search the car please get a search warrant."

Do that in most states and see where it gets you. Frankly, your anser smacks of subterfuge. It'll get a cop hinky in a heartbeat. You'll spend a couple of hours on the side of the road while the officer searches the inside of your auto thoroughly, checks your "wants and warrants" and gets a K-9 out there unit to sniff the car.

In most states, the officer is allowed to search any place you could reach when he walked up to the car, WITHOUT a search warrant. He doesn't have to feel you've "committed some crime".

You can "Philadelphia Lawyer" yourself into a bad situation really quickly. Be totally honest and open and you'll be on your way quicker.
 
a CWP holder who is carrying is REQUIRED to present his license and inform the officer he is armed
Click to expand...


For the most part, there should be a difference between 'carrying' and 'transporting'.



From the OP:
just say for example if i move across the country, and i bring a pistol with me...(driving) to a new state.
Click to expand...

Depends on your definition of 'bring'. If you're looking to leave it on your hip, or loaded in a glove box, or anything similar you should EXPECT problems if stopped. If you take #3's advice on 'transporting' it, lock it up 6 ways from Sunday with ammo in a different case, then you should be just fine.
 
keltyke said:
Do that in most states and see where it gets you. Frankly, your anser smacks of subterfuge. It'll get a cop hinky in a heartbeat. You'll spend a couple of hours on the side of the road while the officer searches the inside of your auto thoroughly, checks your "wants and warrants" and gets a K-9 out there unit to sniff the car.
Click to expand...

I don't care what it smacks of. The officer is asking the question but he knows that you are not obligated to answer him. He is "fishing". They also ask if people will allow them to search their cars, knowing that people are not always aware that they have the legal right to refuse a search until there is a warrant. If the police want to waste their time fine but I'm not going to provide them with information that I am not required by law give.

keltyke said:
In most states, the officer is allowed to search any place you could reach when he walked up to the car, WITHOUT a search warrant. He doesn't have to feel you've "committed some crime".
Click to expand...

No, they cannot. They can walk around the car and look in it but they cannot search it without a warrant. To get a warrant they need probable cause that a crime has been committed. You don't give up your rights and enter a police state when you get in your car.
 
I really hate this discussion. There is so much paranoia and what if's going on. We don't even have enough info from the opening post - for instance, how do you want to bring the pistol? For self protection along the trip or just move it to the new location? Where is the move going to be to? If you just want to move the gun, not have it readily available for self protection along the trip, it is very easy.

Here's the simple answer with out all the bull crud:
18 USC 926A:
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.
Click to expand...

Broken down:
1. Can you possess the gun at your origin and at your destination? You will have to research the laws for the state you are moving to to determine legal possession there. Tell me what state, I will look it up for you.

2. Unload the gun. If you are driving a car with a trunk, lock the unloaded gun in the trunk with any ammo you are taking with you. That is all you have to do. You do not have to seperate the ammo from the gun, you do not have to lock the gun in a case, you do not have to disassemble the gun, you do not have to unload magazines. You only have to unload the gun and lock the gun and the ammo in the trunk.

3. If the vehicle does not have a trunk, the gun must be unloaded and locked in a case, again along with the ammo. I would put the locked case wherever you are going to put your other luggage in the car without a trunk. Like the law above says, you don't want it in the glovebox or console. As far back as possible, as far away from the occupants of the vehicle is best.

4. IMPORTANT! The object is not to seperate the gun from the ammo according to the law. The object is to seperate both the gun and the ammo from the occupants of the vehicle. If you have the gun locked in the trunk and a box of ammo in the passenger compartment, then you are ILLEGAL because the ammo is not seperated from the occupants.

5. When you stop at a motel or wherever, simply carry the guns/ammo, preferably in a case, into the motel room if you desire.

6. If you are stopped for any reason, you DO NOT need to inform the police of the weapon, if transported according to FOPA above. You might want to have a printed copy of FOPA available with your registration/insurance. I have NEVER EVER been asked if there are firearms in a vehicle during a routine traffic stop. DO NOT volunteer such information, it is not required. If by some minute chance you are asked, state that you have an unloaded gun, stored (wherever), being transported according to the Firearms Owners Protection Act. You DO NOT have to consent to a search, because at this point there is no reasonable cause to believe that you are breaking any law. If the cop can see a box of ammo unsecured in the passenger compartment, then you are out of luck.

This is REALLY REALLY SIMPLE. I moved from Oklahoma to Washington State with a Uhaul trailer. Locked in the Uhaul trailer was no less than 13 weapons and no less then 3,000 rounds of ammo along with 2,000 to 3,000 primers and 30+ lbs of gun powder. Both my wife and I chose to remain armed for as much of the trip as we could, so we researched each states' law and conformed to each states' law regarding open carry. If we did not desire to be armed, we would not have had to do that, just lock the dang gun up in the trunk and don't worry one bit about it.
 
thanks for the feedback guys i appreciate it. Whenever i transport guns say from my house to the shooting range i always keep it in a case in the trunk with the ammo in a tackle box usually in the passenger seat. The purpose of this thread was to see if i had to follow any specific guidelines and it appears that i dont, its very similar to just driving around with it in the trunk to the range, just a longer drive. But thanks for the feedback guys.
 
a CWP holder who is carrying is REQUIRED to present his license and inform the officer he is armed
Click to expand...
True in some states, not in others.

In my state I must present the license if I am armed, but an unloaded gun in the trunk does not qualify.
 
They can walk around the car and look in it but they cannot search it without a warrant.

Try that one day, Wuchak...the officer is allowed to search to determine his safety, and since a weapon can be hidden almost anywhere in the interior...and as for "probable cause"...well, a suspicious, secretive attitude might be considered. If the officer thinks you're trying to hide something, he will find a reason to search.

I NEVER said someone TRANSPORTING weapons in ANY state had to declare them. I'll clarify my post concerning this: A CWP holder IN THE STATE OF SC, who HAS A CONCEALED WEAPON ON THEIR PERSON, MUST present his CWP license and inform the officer he is armed when asked for identification and/or a driver's license.

You guys play hardball and they will, too. Me? If I'm stopped (and I have been, twice in SC, once in NC (open carry)), since I'm not committing any crime, I have nothing to fear. I"ll be acquiescent, polite, cooperative, and friendly. I can scream "you violated my rights" loud and long from a holding cell while waiting on my lawer. Never argue with a cop in the field, it just won't work.
 
I love how some believe that if you kiss cop butt, they will somehow ignore the law that they were planning to enforce and let you go.

If you get a cop that is going to abuse his authority, he is going to do it whether you cooperate or not. Just don't forget that any time you are speaking with an on duty LEO, he is not your friend. His job is to collect evidence to bust you. If you volunteer anything, you just made that easier. If you deliberately antagonize him, you just made him more determined to find something.

Don't ask, don't tell.
 
You must log in or register to reply here.
Back
Top