Federal vs State gun laws

F

fisherman

New member
Does Federal law ALWAYS over rule a state gun law? I am talking concealed carry and home protection here. If you travel, you best know if a federal law applies to you or a state law and what states you are going through. Input please.
 
With very few exceptions**, a person is bound by the MORE RESTRICTIVE law.

If state law allows something but federal law does not, then the federal law (being more restrictive) must be followed.

If federal law allows something but the state law does not then the more restrictive state law must be followed.

**The exceptions are where federal law specifically nullifies a state law in certain circumstances. The Safe Passage provision of the Federal FOPA, for example, provides protection against certain state laws in very limited circumstances.

Generally speaking, it's important to understand the basics of both state and federal firearms laws to avoid breaking them.
 
Generally speaking he is absolutely right and the only way you can get anything more than a vague and general (and PROBABLY WRONG) answer to your needs is to read up on the necessary statutes. You can search at the NRA or other reliable websites to see if they can give some specific information.

If you find information that sounds reliable, you must print it out and carry it with you along with your carry license.

One thing that you can count on is that if you don't have a license you have no rights. there is no reciprocity for license holders unless you have a license. If you show up in another state, and you are found with a firearm, you are subject to the full force of the laws in that state. Be prepared to spend some time in jail if you violate CC laws in some states by not having a license issued from your home state.
 
fisherman said:
Does Federal law ALWAYS over rule a state gun law?
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I’m never a fan of answering “always” questions... as there are usually exceptions.

My toss in, I went for my C&R a couple months back. When NJ was rewriting their firearms law, they made private transfers pretty much illegal... with a few exceptions. Defined family members, police officers, and for the first time ever acknowledging them... licensed C&R FFLs. So, I went for mine.

When I applied, you have a list of what an FFL-03 (C&R) does not allow. First one, not a license to carry/use/possess a firearm. Second, and what is the point, you are not given any right or privilege to break state or local law. And the third is to not engage in a business. This was also went over by the ATF, when they conducted my interview (maybe a few questions to expand the application I already submitted, then mostly going over the law and explaining any possible issues that NJ could throw my way). Big one, even if a gun is C&R... it still can be an “assault weapon” per NJ. Prime example... I can’t go to PA, buy a M1 Carbine, and bring it back without violating NJ “assault weapon” law. They bring it up because, during audits, a few FFL-03s did that.

NJ law states that if I were to have a gun shipped to me (figuratively), it would have to go to a FFL-01 (dealer). Law isn’t clear on whether or not I need to go through a NICS, but a pistol permit is required (if it’s a handgun). One dealer I know said he would check with the NJSP, and go that route... but figured he could just log it out directly to my C&R (tempted to buy a C&R long gun before I leave to see what happens). Even if I buy privately with another C&R, pistol permit is required if it’s a handgun. I’m a little over two months from leaving, so I couldn’t get a permit in that time to try it (and I won’t, as I’m not giving NJ any extra money with their restrictions on my rights).

That being said, I’ve acquired two handguns on my C&R... without a NJ pistol permit. Both of which were purchased outside of NJ (PA), properly put in my A&D book when I got home (same day), and transported legally back into NJ. NJ law was followed (pistol permits clearly state on them that they are good only within NJ, and NJ law stops at the Delaware River... in which the pistols were legally acquired by that point), as was PA and Federal law... as the C&R allows you to buy handguns in other states.

NJ law is very annoying, but considering I’m going into Federal law enforcement, I kind of need to follow it. My 11+ round magazines are all sitting at my godmother’s house in PA until I make my final trip out of NJ. Upon moving, I’ll have a lot of better freedom with firearms... and will use it as such. Another example, I’ve had people tell me that they can easily get a SBR stamp within NJ (most never even looked at the form to apply). In the instructions, it clearly states that forms filed within states that restrict those weapons will be denied. Funny thing to note, NJ doesn’t have a law against SBRs. However, their definition of a SBS includes SBRs... as well as firearms the ATF say do not require a stamp (Luger or Mauser C96 with a stock).

With that definition, you’d think Shockwave/TAC-14 firearms are NJ illegal... nope. The NJSP and AG released a letter stating that those firearms are not shotguns, and that as long as you don’t build one off an existing shotgun receiver and follow Federal law regarding them... they are legal within NJ. My folding braced TAC-14 is what NJ allowed me to get... opposed to filing a tax stamp and building a SBS with an actual stock instead of the brace.

That all being said, I have money set aside for a S&W 1917 revolver... which I plan on picking one up at one of the next two Oaks gun shows (PA). Following both Federal and state law... but I always wanted one of those revolvers.
 
Screwnall said:
When I applied, you have a list of what an FFL-03 (C&R) does not allow. First one, not a license to carry/use/possess a firearm. Second, and what is the point, you are not given any right or privilege to break state or local law. And the third is to not engage in a business. This was also went over by the ATF, when they conducted my interview (maybe a few questions to expand the application I already submitted, then mostly going over the law and explaining any possible issues that NJ could throw my way).
Click to expand...
You had an interview with the ATF to get an 03 FFL? When did this start?
 
Armed_Chicagoan said:
You had an interview with the ATF to get an 03 FFL? When did this start?
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NJ ATF do it... and again every other renewal. Their view, too much headache for people just reading how FFL-03s operate in other states, and they want to be proactive to not have people violating NJ law. I also had to sign a form stating the investigator explained to me that I cannot acquire guns via the mail, due to NJ law.

Need to remember... there are only about 115 FFL-03s, and just shy of 500 total FFLs, within NJ. With those numbers, as well as the number of NJ ATF personnel (very limited number, as explained by the investigator)... that is what they view as worthwhile, while not drawing too much resources away from normal audits of business related FFLs/other investigations. To put into perspective, there are 133,306 FFLs throughout the US... with 53,641 FFL-03s (all numbers thus far are from December 2018, directly from ATF). There likely is about 5,000 employees in ATF, with somewhere less than half being investigators... and I’m sure staff is distributed among states dependent on need. Obviously, if you live in a state with more 03s than 01s, chances are low that you’ll ever see an agent. NJ... you’ll see one upon applying, and then again every six years or so.

People always think the ATF is looking to jam you up. From the few agents/investigators I’ve talked with, that is far from the case. They want people to know the laws and follow them.
 
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