Traveling from New York State to Florida

This is a discussion on Traveling from New York State to Florida within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I will be acquiring a shotgun from a relative who lives in NY State. I'll be up there in July and he wants to give ...

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Thread: Traveling from New York State to Florida

  1. #1
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    Traveling from New York State to Florida

    I will be acquiring a shotgun from a relative who lives in NY State. I'll be up there in July and he wants to give it to me to take back to Florida. At this point, I know nothing about the shotgun except that it's in a case of some sort.

    Are there any issues I should be aware of? I will not be transporting any ammo with the shotgun and I obviously will not be carrying any other firearms while up there. I'll be driving up and back down in a minivan, so there won't be a trunk to lock it in.
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    Member Array tflhndn's Avatar
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    Double check the laws on transferring ownership of a firearm to/from two people not of the same state for New York, Florida and federal. IIRC, you must be residents of the same or contiguous states to do a private transfer, otherwise it has to go through an FFL. The only certain exception I know of this is the case of inheritance.

    Double check your state and federal laws.

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    Distinguished Member Array AKsrule's Avatar
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    Quote Originally Posted by Cakewalk View Post
    I will be acquiring a shotgun from a relative who lives in NY State. I'll be up there in July and he wants to give it to me to take back to Florida. At this point, I know nothing about the shotgun except that it's in a case of some sort.
    Are there any issues I should be aware of? I will not be transporting any ammo with the shotgun and I obviously will not be carrying any other firearms while up there. I'll be driving up and back down in a minivan, so there won't be a trunk to lock it in.
    --------

    ATF FAQ


    (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

    (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

    A person may only acquire a firearm within the personís own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

    (B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaserís own State? [Back]

    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

    [18 U.S.C. 922(a)(3) and 922(b)(3)]
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    This raises an interesting question for me

    Quote Originally Posted by AKsrule View Post
    --------

    ATF FAQ


    (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

    (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

    A person may only acquire a firearm within the personís own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

    (B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaserís own State? [Back]

    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

    [18 U.S.C. 922(a)(3) and 922(b)(3)]
    This raises an interesting question for me. It is off topic slightly from what the OP asked, which I think had to do with driving to FL with that gun, rather than transfer, but the above post brought a scenario to mind.

    I own property in another state and there is a rifle at that property.
    My nephew also owns property in the same other state, but resides in a third and different state from where the rifle is.

    Were I to tell my nephew to take the rifle from my property to his, would that be an illegal transfer? From the above it seems it may not be. The law quoted makes no reference to either gift or inheritance.

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