Transporting Personal Firearms Across State Lines?

Discussion of other state's CHL's & reciprocity

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MikeStone
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Transporting Personal Firearms Across State Lines?

Postby MikeStone » Wed Nov 21, 2012 11:32 am

My father-in-law is planning to give me his firearm collection. As far as I know, it's all hunting rifles. :mrgreen:

The trouble is that he's in Michigan. From what I've read, the Firearm Owner's Protection Act protects him from transporting legally owned, locked up, inaccessible firearms to Texas from Michigan.

However, it also seems that Illinois (in particular) has viewed FOPA only as affirmative defense. In other words, FOPA might protect him from long-term legal trouble, but not from harrassment in certain states.

I don't think it's a problem, but it might be easier, safer, faster to simply pay a shipping company to box up and ship them. Does anyone have any experience with commercially shipping firearms? Other advice? Thanks in advance.

Please forgive if there is another thread, a quick search didn't reveal one....
Last edited by MikeStone on Wed Nov 21, 2012 12:24 pm, edited 1 time in total.
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WildBill
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Re: Transporting a Cache of Weapons Across State Lines?

Postby WildBill » Wed Nov 21, 2012 11:58 am

I know someone that just moved from Michigan to Texas. He rented a U-Haul and moved his loaded gunsafes by himself. From what he told me it was legal. I was easier to do it himself. Probably for legal and insurance reasons, most companies don't want to transport private firearms.

If I were you, I would drive up and get the guns and then have he ship the safe seperately. Or it may be cheaper to buy a safe in Texas.

It's easy to say "if I were you" since I'm not the one doing the driving. :lol:
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seamusTX
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Re: Transporting a Cache of Weapons Across State Lines?

Postby seamusTX » Wed Nov 21, 2012 12:09 pm

The quick answer is don't go into Illinois. Indiana, Kentucky, and Tennessee are all friendly to firearms owners.

You might want to give some thought to traveling with thousands of dollars worth of firearms and possibly having (God forbid) a vehicle theft or collision. At least make sure you have insurance lined up, serial numbers recorded, photos, etc.

BTW, I'm not a huge fan of political correctness, but a personal collection of firearms is not a "cache of weapons." That is a phrase that the police and media use to create alarm.

A cache is anything hidden in a place, to be retrieved later. It could be food, fuel, or other supplies, such as mountain-climbers use.

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Re: Transporting a Cache of Weapons Across State Lines?

Postby WildBill » Wed Nov 21, 2012 12:12 pm

seamusTX wrote:BTW, I'm not a huge fan of political correctness, but a personal collection of firearms is not a "cache of weapons." That is a phrase that the police and media use to create alarm. - Jim
:iagree: In fact, I don't even have a personal collection. I just happen to have a few guns. :cheers2:
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Re: Transporting a Cache of Weapons Across State Lines?

Postby MikeStone » Wed Nov 21, 2012 12:25 pm

seamusTX wrote:BTW, I'm not a huge fan of political correctness, but a personal collection of firearms is not a "cache of weapons." That is a phrase that the police and media use to create alarm.

A cache is anything hidden in a place, to be retrieved later. It could be food, fuel, or other supplies, such as mountain-climbers use.

- Jim


True...changed the thread title!!
"Those who hammer their guns into plowshares will plow for those who do not."

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seamusTX
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Re: Transporting Personal Firearms Across State Lines?

Postby seamusTX » Wed Nov 21, 2012 12:41 pm

Good luck.

BTW, if someone was going to give me a bunch of firearms I would basically do what I suggested. It would be a fun drive. Michigan can be nice this time of year, though it's getting cold early.

Shipping them would probably cost a bundle—less than driving several thousand miles—but you are talking about visiting your father.

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Re: Transporting Personal Firearms Across State Lines?

Postby Oldgringo » Wed Nov 21, 2012 1:14 pm

Can't one drive south out of Michigan and then turn west to avoid Illinois...and vice versa? A couple hundred 'out of the way' miles could prove to be the cheapest route?

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Re: Transporting Personal Firearms Across State Lines?

Postby seamusTX » Wed Nov 21, 2012 1:29 pm

Depending upon where in Michigan you start out, you can get to I-69 and then I-65, get down to Memphis, and den yo' in de South, baby. ;-)

I don't think crossing Illinois would gain anything—though southern Illinois is not hostile to firearms owners. I've mentioned before that some sheriffs have already said they are not going to arrest people carrying handguns who are otherwise law-abiding.

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Re: Transporting Personal Firearms Across State Lines?

Postby MikeStone » Wed Nov 21, 2012 1:54 pm

Yeah, I thought about a 'Road Trip!!' with a buddy. I'm from Michigan (one of those darn Yankees...) so I can get there without hitting Illinois. Would be much nicer in June!
"Those who hammer their guns into plowshares will plow for those who do not."

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Re: Transporting Personal Firearms Across State Lines?

Postby Rex B » Wed Nov 21, 2012 2:19 pm

MikeStone wrote:My father-in-law is planning to give me his firearm collection.
The trouble is that he's in Michigan. From what I've read, the Firearm Owner's Protection Act protects him from transporting legally owned, locked up, inaccessible firearms to Texas from Michigan.


Short answer - The transporting of them is perfectly legal in all but 2 states, NY and IL. It's actually legal there too, but they choose to ignore federal law.

The problem is the transfer once the guns arrive at your place. Legally they must be transferred to you by a licensed FFL once they cross state lines. In the case of an inheritance I think many people skip that part.

IANAL etc
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Re: Transporting Personal Firearms Across State Lines?

Postby seamusTX » Wed Nov 21, 2012 2:39 pm

I forgot about the transferring ownership part of the equation.

To be perfectly nerdy about it, you technically can't make a continuous interstate journey through Hawaii, Alaska, or Maine. Hawaii is hostile to firearms ownership, plus the average person can get there only by commercial airline. Maine borders only New Hampshire (and Canada).

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Re: Transporting Personal Firearms Across State Lines?

Postby Jumping Frog » Wed Nov 21, 2012 2:45 pm

Rex B wrote:
MikeStone wrote:My father-in-law is planning to give me his firearm collection.

The problem is the transfer once the guns arrive at your place. Legally they must be transferred to you by a licensed FFL once they cross state lines. In the case of an inheritance I think many people skip that part.

IANAL etc

He may not be a lawyer, but he is exactly on point.

He must transfer them to you through a Texas FFL once he arrives here. If he simply "gives" you the guns, you are looking at $10,000 fine and 10 years in prison for each firearm.
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Re: Transporting Personal Firearms Across State Lines?

Postby Dave2 » Wed Nov 21, 2012 3:08 pm

Jumping Frog wrote:
Rex B wrote:
MikeStone wrote:My father-in-law is planning to give me his firearm collection.

The problem is the transfer once the guns arrive at your place. Legally they must be transferred to you by a licensed FFL once they cross state lines. In the case of an inheritance I think many people skip that part.

IANAL etc

He may not be a lawyer, but he is exactly on point.

He must transfer them to you through a Texas FFL once he arrives here. If he simply "gives" you the guns, you are looking at $10,000 fine and 10 years in prison for each firearm.

Eh? I thought that only applied to guns that were sold, not given. Furthermore, I thought it only really applied to guns that were sold across state lines. How else do you explain all the guns that are bought and sold face-to-face here on this very site without any FFL involvement?
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.


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Re: Transporting Personal Firearms Across State Lines?

Postby Rex B » Wed Nov 21, 2012 3:14 pm

A transfer is what is regulated - sold, traded, given, it makes no difference. If it's across a single state line, federal law says you have to go through an FFL and fill out a 4473 for each gun.
Note that muzzleloaders and airguns don't count.
As for all the FTF transfers, this is a one-state forum. As long as both transferrer and recipient are Texas residents, it's fully legal.
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Re: Transporting Personal Firearms Across State Lines?

Postby Heartland Patriot » Wed Nov 21, 2012 3:45 pm

I thought when firearms are "gifted" between parent-to-child or vice versa, or between siblings, the whole requirement to transfer through an FFL was a moot point. Does anyone know where in the morass of Federal Regulations a person can read the exact requirements?
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