Driving through states with an unloaded rifle.

Driving through states with an unloaded rifle.

This is a discussion on Driving through states with an unloaded rifle. within the General Firearm Discussion forums, part of the Related Topics category; Soon I will be going up to Wisconsin to visit some family. My grandma has an old 22 rifle that she wants to give me, ...

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Thread: Driving through states with an unloaded rifle.

  1. #1
    Member Array BigD7's Avatar
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    Driving through states with an unloaded rifle.

    Soon I will be going up to Wisconsin to visit some family. My grandma has an old 22 rifle that she wants to give me, but she can't find the trigger lock for it. My question is, what should I do in order to legally take the rifle back to Indiana? Keep in mind that I will be driving through Illinois. I will also be buying a new trigger lock before I take it back in case she can't find hers.


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    IANAL, but if you do not carry any ammunition in the car, lock the rifle in a case (does not need to be an expensive one--could be a fabric one that allows a combination lock to lock the zipper), and do not take it out of the case, you should be fine under the national "peaceable journey" statute. The trigger lock would be good, and putting it in the trunk of the car (if it is a car) would be good too.

    Follow all traffic laws.
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

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    Ex Member Array NavyLT's Avatar
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    Quote Originally Posted by falcon1 View Post
    IANAL, but if you do not carry any ammunition in the car, lock the rifle in a case (does not need to be an expensive one--could be a fabric one that allows a combination lock to lock the zipper), and do not take it out of the case, you should be fine under the national "peaceable journey" statute. The trigger lock would be good, and putting it in the trunk of the car (if it is a car) would be good too.


    Follow all traffic laws.
    You might also want to follow all Federal laws regarding the transfer of the firearm itself. What you propose to do is a felony without an FFL transfer. Also, putting it in the trunk if the vehicle has a trunk would be a very good idea if you intend to transport the rifle under FOPA rules, because that is what is REQUIRED by FOPA. A locked case in the passenger compartment is not legal under FOPA if the vehicle has an external compartment such as a trunk. The trigger lock is not necessary.

    18 USC 922 (a)(3):
    (a) It shall be unlawful—
    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
    (a)(5):
    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
    (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
    (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
    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.

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    Member Array BigD7's Avatar
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    Quote Originally Posted by NavyLT View Post
    What you propose to do is a felony without an FFL transfer.
    Oh, then maybe this isn't such a good idea. I guess I'll have to look into it more.

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    Quote Originally Posted by BigD7 View Post
    Oh, then maybe this isn't such a good idea. I guess I'll have to look into it more.
    It is simple though. In order to be completely legal, you both take the gun to an FFL. They charge you whatever their transfer fee is. You fill out the 4473, pass the NICS check and now you are 100% legal. Since this is a rifle, the transaction can be done in WI. If it was a handgun, the handgun would have to be shipped or taken to an FFL in the recipient's state of residence for the transfer.

    To be completely honest, though. If she just gave you the gun and you transported it back to Indiana using FOPA (18 USC 926A), even if BATFE somehow detected the transfer without the FFL (which is very, very, very one in a billion chance), they probably wouldn't care about it. They are more concerned with trafficking in firearms and illegal persons receiving firearms than a grandma to grandson gift.

    I hate to say it this way, but when grandma passes on, then you can just go get the gun completely legally because it will be an intestate succession of the firearm, which is an exception to the FFL requirement.

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    Good additional information, NavyLT. Sad, though, that a person cannot acquire a firearm from a grandparent without breaking a national law.
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

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    Ex Member Array NavyLT's Avatar
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    Quote Originally Posted by falcon1 View Post
    Good additional information, NavyLT. Sad, though, that a person cannot acquire a firearm from a grandparent without breaking a national law.
    Yep, it sure is.

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