Lefty Wheeler Posted January 1, 2011 Share Posted January 1, 2011 Howdy: Can any one point me in a direction that explains the law in regards to the interstate transportation of firearms? I found this section in the Federal Firearms Regulations Reference Guide. The problem is that I know it is not legal in Michigan to transport a non owned pistol. I would be traveling from Texas through NM and into AZ. § 926A Interstate transportation of firearms.Notwithstanding any other provisions of any law or any rule or regulation of a State or any political subdivision therof, 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. Thanks for any help Lefty Link to comment Share on other sites More sharing options...
Dubious Don #56333 Posted January 1, 2011 Share Posted January 1, 2011 The law you're referring to is a Federal law that allows interstate travel as long as the firearms are inaccessible to passengers and unloaded. Locked in cases in the trunk is legal. It is supposed to supercede State law but there are some States like MASS and NJ that have some awfully weird laws. Know the law when you travel. In AZ you may carry a firearm in the above manner or, you can have them all loaded and sitting in plain view on the back seat. You could also carry a loaded handgun on your person concealed, go inside a gas station and get a meal (as long as it is not posted disallowing firearms) get back in to your car and travel on in perfect harmony with the law. In Arizona. Link to comment Share on other sites More sharing options...
Assassin Posted January 1, 2011 Share Posted January 1, 2011 So, just how do you prove it's your handgun? Do you carry a receipt for each firearm. LL' Link to comment Share on other sites More sharing options...
Lefty Wheeler Posted January 1, 2011 Author Share Posted January 1, 2011 So, just how do you prove it's your handgun? Do you carry a receipt for each firearm. LL' I am not sure on this but I thought the police could look up the serial number on the pistol and find out the ownership. The main question I have is travling through different states with different laws does any one know of a site that explains the transportation of pistols and long guns? Thanks for your help Link to comment Share on other sites More sharing options...
Dubious Don #56333 Posted January 1, 2011 Share Posted January 1, 2011 Unless you're in a State that requires you to prove ownership, you don't. You're in posession of it, it's yours. Link to comment Share on other sites More sharing options...
Captain Woodrow Cahill, SASS # 54363 Posted January 1, 2011 Share Posted January 1, 2011 If you're just passing through on your way to a match or going hunting, then having them unloaded and locked in cases out of reach should be fine. They can't prove ownership of anything. How would you produce ownership of Grampa's Iver-Johnson that he bought in 1902 from Sears and kept in the nightstand for 75 years? It only gets sticky if you have a carry gun. Then the CCW laws kick in, and the issues of reciprocity, concealment, and transport all come into play. Link to comment Share on other sites More sharing options...
Lone Dog, SASS #20401 Posted January 1, 2011 Share Posted January 1, 2011 I am not sure on this but I thought the police could look up the serial number on the pistol and find out the ownership. The main question I have is travling through different states with different laws does any one know of a site that explains the transportation of pistols and long guns?Thanks for your help A common misconception. There is no nation wide registration. Only a few states have it. So the only nation wide database an officer can check is NCIC for firearms that have been entered as stolen. We love it when the rookies get on the radio and ask the dispatcher to "check the registration" on such and such firearm. Cause then we get to hoo-rah them. Link to comment Share on other sites More sharing options...
Black Angus McPherson Posted January 1, 2011 Share Posted January 1, 2011 Maybe I missed something, but I didn't see where it said anything about you having to own the firearm being transported. If you can legally possess it you can legally transport it. At least that's my take on it. Angus p.s. If some law says you can't transport a "non-owned" firearm my reply would be "It IS owned." Just not by me. :-) Link to comment Share on other sites More sharing options...
Jailhouse Jim, SASS #13104 Posted January 1, 2011 Share Posted January 1, 2011 Even in this liberal state, you can "Borrow" and handgun for up to 30 days as long as you are not otherwise disqualified to own a weapon. Any registration checks have to go through the CA DOJ who is not accessible via NCIC or CLETS. Link to comment Share on other sites More sharing options...
Col. Nathan C. Riddles, SASS # 7462 Posted January 1, 2011 Share Posted January 1, 2011 Lefty in Texas there is no such thing as gun registration. If you have a conceald carry License in Mi. your good to go here. In NM your gun must be in plain sight (on your hip, dash, car seat etc) unless you have a license to carry concealed. It must be a resident license issued by a state in which NM has reciprocity. IOWS, you cannot have a non resident Texas license & carry concealed in NM. Arizona has a 2nd Amendment carry law, as of last August, which means that you may carry openly or concealed and no license is required. As Lone Dog says they'll only check to see if the gun is stolen. Link to comment Share on other sites More sharing options...
Charlie Whiskers Posted January 1, 2011 Share Posted January 1, 2011 There's a lot of BS the LEO's have to go through to check ownership of a firearm.Since there is and I hope never will be a National Registration,here's the steps they have to go through.Usually it's the Feds that end up doing the ownership check.First they run the serial number to see if it's stolen...that's a local thing....then if it's not and they have a reason to doubt ownership,the Feds get involved.OR if it is stolen,to find the legal owner the 1st thing they do is check the firearms manufacturer to see who they sold it to ....ie a distributor or direct sale to an individual.Then they contact that distributor and find out what dealer they sold it to.After that they call the FFL be it a retail chain,sporting goods shop or a table top dealer.Then that dealer looks in their A&D book to find out who they sold it to and that's about that.Not as simple as 1 call.I've had the feds call me on 2 firearms I sold in the last 18 yrs since I got my FFL.That's how I'm aware of the "check" process. Link to comment Share on other sites More sharing options...
Connecticut Yankee Posted January 1, 2011 Share Posted January 1, 2011 How about that guy who was traveling through New Jersey going to a match and was stopped by a cop and he told them he had some guns in his car being honest and aboveboard and they arrested him and he got 7 years in jail because they said he was not allowed to transport through there state. Connecticut Yankee Link to comment Share on other sites More sharing options...
Lefty Wheeler Posted January 1, 2011 Author Share Posted January 1, 2011 Thanks again for the help. Lefty Link to comment Share on other sites More sharing options...
DocDisaster # 45431 Posted January 1, 2011 Share Posted January 1, 2011 +1 A common misconception. There is no nation wide registration. Only a few states have it. So the only nation wide database an officer can check is NCIC for firearms that have been entered as stolen. We love it when the rookies get on the radio and ask the dispatcher to "check the registration" on such and such firearm. Cause then we get to hoo-rah them. Link to comment Share on other sites More sharing options...
Sergeant Smokepole #29248L Posted January 1, 2011 Share Posted January 1, 2011 If they are inferring that you are not the owner, they must prove it. basic law.... Link to comment Share on other sites More sharing options...
NUNICA KID,SASS #68454 Posted January 2, 2011 Share Posted January 2, 2011 Hey pard check out MCRGO its a website with much info also has map of which states honor our ccw. I know ccw was not question asked, but they more than likely have info you need so you can read it first hand. See ya at WR NK Link to comment Share on other sites More sharing options...
Adirondack Jack, SASS #53440 Posted January 2, 2011 Share Posted January 2, 2011 Unless you're in a State that requires you to prove ownership, you don't. You're in posession of it, it's yours. That's the long and the short of it. Even NICS only records a sale, not what ya bought. There are NO records aside from original purchase the feds can get IN MANY STATES. For long guns, where casual sale to state residents is still legal, you got it, you own it. Never volunteer otherwise. (a hint to anyone doing favors for a friend like fixing their guns. You DON'T take home any gun you don't OWN. Now you can own a gun because they gave it to ya, then sell or give it back. (Long guns that is) with no paperowrk within the state. Now if yer in NYS, or some others, ANY handgun in your possession MUST be listed on your pistol permit before you take delivery from a private party or a gun shoip. YOU own it or ya don't take possession, period. I once borrowed a revolver from a sister-in-law for a while, and we simply went to the county and added it to my permit. We BOTH owned it under the law as it was still listed on her permit (perfectly legal). Once, when I lived in FL, I had a cop ask me to show him my gun. He called in the serial number to compare against the "hot" list, then asked if I had a bill of sale for it. Turns out I did, only because I'd recently bought it, but there was no requirement to have or produce one under the law..... Link to comment Share on other sites More sharing options...
Lone Dog, SASS #20401 Posted January 2, 2011 Share Posted January 2, 2011 How about that guy who was traveling through New Jersey going to a match and was stopped by a cop and he told them he had some guns in his car being honest and aboveboard and they arrested him and he got 7 years in jail because they said he was not allowed to transport through there state. Connecticut Yankee No, he wasn't going to a match. He had just moved back to NJ from Colorado and had his legally owned and possessed pistols in the trunk. The cops over-stepped in making the arrest. The judge was some kind of a crook who has since been removed from the bench. The governor did the right thing by commuting the man's sentence and immediately releasing him from prison. Now the governor needs to give this innocent man a full pardon and restore all his legal rights and have his record expunged. Link to comment Share on other sites More sharing options...
Colt McCloud, SASS #65003L Posted January 2, 2011 Share Posted January 2, 2011 Thanks for posting the question Lefty! I like many others are interested in the answer to this question as many of us will be heading to Winter Range very soon. I am still researching and have found a couple of helpful sites. http://www.nraila.org/gunlaws/federal/read.aspx?id=59 http://www.handgunlaw.us/ Hope this helps and thanks to my brother LEO's that have contributed here. PS: I also recall a post from a way back addressing the issue of a driver announcing he is "carrying" when stopped by local law enforcement and this would also be good information to know. Link to comment Share on other sites More sharing options...
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