Hypothetical question.... Moving to other states with different firearms laws?

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    Member Array MtflyerHK's Avatar
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    Hypothetical question.... Moving to other states with different firearms laws?

    This is something I've always been curious about. I have no intention of moving to an "anti" type state but nonetheless I'm curious how states handle importation of "banned" weapons when the owner moves there from a less restrictive state. I can think of two separate categories...

    1. Firearms with magazine capacitys over 10 rounds, or AR-15 or similar "sporter" type rifles that are legal in many states but banned in another state (i.e. California, Massachusetts, NY etc.) with a number or combination of features prohibited such as flash suppressors, pistol grips, collapsable stock etc.

    2. Firearms that are not considered "safe" and therefore are not allowed for sale in that state such as a new manufacture 1911 with no firing pin safety, glocks with no magazine disconnect safety etc. (California and Massachusetts come to mind)

    Is it legal for someone to move from a less restrictive state and keep their guns that would otherwise be banned? (keeping the two categories in mind) does this require surrender, conversion or registration upon arriving in the more restrictive state? It seems that this would be rediculously hard to enforce. (granted the laws are rediculously stupid in the first place).

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    Ex Member Array hamlet's Avatar
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    Quote Originally Posted by MtflyerHK View Post
    This is something I've always been curious about. I have no intention of moving to an "anti" type state but nonetheless I'm curious how states handle importation of "banned" weapons when the owner moves there from a less restrictive state. I can think of two separate categories...

    1. Firearms with magazine capacitys over 10 rounds, or AR-15 or similar "sporter" type rifles that are legal in many states but banned in another state (i.e. California, Massachusetts, NY etc.) with a number or combination of features prohibited such as flash suppressors, pistol grips, collapsable stock etc.

    2. Firearms that are not considered "safe" and therefore are not allowed for sale in that state such as a new manufacture 1911 with no firing pin safety, glocks with no magazine disconnect safety etc. (California and Massachusetts come to mind)

    Is it legal for someone to move from a less restrictive state and keep their guns that would otherwise be banned? (keeping the two categories in mind) does this require surrender, conversion or registration upon arriving in the more restrictive state? It seems that this would be rediculously hard to enforce. (granted the laws are rediculously stupid in the first place).
    Don't think so...

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    Short answer is no for your first category. For example, my old state of CT does not allow "assault rifles" which are defined by certain characteristics such as collapsible stock, bayonet lug, etc. Mine are legal here in AZ but if I were to move back to CT I would have to either convert them to an acceptable configuration, or else get rid of them (sell to a dealer or someone where they are allowed) within a short period of time. Details vary state-to-state, but simple registration is not an option to the best of my knowledge. Unsure of rules re your second category.
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    The rifles would be the big issue, especially for CA, while CA does have the DOJ approved list for handguns to be sold, etc. in CA

    From the CA DOJ Website:
    Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.
    Non safety compliant guns brought into the state appear to be legal to keep provided you are keeping them for YOUR use. Other states like Mass. would have their own sets of issues for handguns. Those handguns would also have to have 10rd mags as I do recall CA having a mag ban, however they'd have a hard time proving if they were pre-ban post ban unless that gun was not available prior to the ban etc. But I'd probably just stick w/ 10 rd mags.

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    Ex Member Array azchevy's Avatar
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    Just dont move to commie states. Keep your tax dollars and consumer spending out.

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    Member Array MtflyerHK's Avatar
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    Quote Originally Posted by azchevy View Post
    Just dont move to commie states. Keep your tax dollars and consumer spending out.
    Thats the plan! I was mainly curious and guess I was also applying this thinking to if your state passed more restrictive legislation on the guns you own. (Guns? What guns?)

    My home state of Montana is probably safe from getting too far out in left field with firearms legislation anytime soon but I'm living in Washington now and its scary enough trying to keep the lawmakers in King County at bay! (Left coast Seattle) If it got too far out of hand I'd have to convince the missus we're moving elsewhere. I can't stand my local district State Senator as she's deffinitly an anti (and other local reps). Unfortunately the people around here were dumb enough to re-elect her. *facepalm* Wasn't my vote!

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    Quote Originally Posted by MtflyerHK View Post
    My home state of Montana is probably safe from getting too far out in left field with firearms legislation anytime soon but I'm living in Washington now and its scary enough trying to keep the lawmakers in King County at bay!
    Given how much King County dominates Washington politics I'm rather surprised it has a shall-issue CCW scheme and issues non-resident permits. Unfortunately Washington doesn't recognize AZ permits, which is rather annoying.

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    I'm an escapee from Massachusetts, where, unfortunately I still have family...

    My kid brother bought a Glock 23 at almost the exact same time that I did...

    I got a brand new Gen 3 Glock with two 13 rd mags...legally, he could only buy a used Gen 2 with ten round mags...

    If I moved back, I could not bring my mags, and I believe I'd have to ship the weapons to a licensed gun shop until I register the weapons...

    I love my family and still visit...but I'll never move back to the Bay State...
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    Quote Originally Posted by DaveJay View Post
    I'm an escapee from Massachusetts, where, unfortunately I still have family...

    My kid brother bought a Glock 23 at almost the exact same time that I did...

    I got a brand new Gen 3 Glock with two 13 rd mags...legally, he could only buy a used Gen 2 with ten round mags...

    If I moved back, I could not bring my mags, and I believe I'd have to ship the weapons to a licensed gun shop until I register the weapons...I love my family and still visit...but I'll never move back to the Bay State...
    Hearing stories like that make me throw up in my mouth a little...

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    Be sure to contact someone in the medical profession prior to moving to a more restrictive firearms state...probably a shrink.

    INAL, but I'm pretty sure that you are bound by all the state's laws in which you are considered a resident. Only exception is if you were to move, say to MI, but retained a dwelling in FL and considered FL your home state. While living in MI, you would still be bound by MI's carry laws, but would not be required to have a safety certificate for your firearms.
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    Member Array MtflyerHK's Avatar
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    No doubt you'd need at least a shrink. I really feel for people that live in states like that and hope they can either enact some real change or get out. I'm so vehemently against any kind of registration it would make my ears start bleeding if I thought about it much or had to live under that! I feel registration is a back door first step to confiscation, let alone it isn't the governments business what I own anyway as long as I'm not shooting up the local shopping mall! Besides if there were more people who might shoot back thats a better deterrent than any law anyway!

    This so called "safety" stuff also makes my blood boil. There is no substitute for personal discipline and proper handling. No additional "features" or government blessed safety card will make any real impact. Helps keep stupid out of the gene pool if anything! Our society has grown accustomed to wanting and expecting the government to take care of them and their every need we've lost sight of how we rose to be such a great country in the first place! Whatever happened to rugged individualism and entrepreneurship? Instead people think its appropriate to sue because they got a sliver from the local park picnic table. Ok starting to rant.... its over. steping away now...

    You get my point.

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    Senior Member Array canav844's Avatar
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    I believe (based on memory of what I've read here) in MA, you can "import" magazines and guns from other states, once when you move and declare exactly what and how much and from there on out you're bound by the states law as far as what you own. So if you own a gun not on the approved list or a magazine of more than 10 rounds you are not required to sell or store it out of state.

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    Senior Member Array Gaius's Avatar
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    To answer the original question, you are bound by whatever laws are within the state that you decide to reside. (Same rule with concealed carry.)
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    Distinguished Member Array LenS's Avatar
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    Quote Originally Posted by DaveJay View Post
    I'm an escapee from Massachusetts, where, unfortunately I still have family...

    My kid brother bought a Glock 23 at almost the exact same time that I did...

    I got a brand new Gen 3 Glock with two 13 rd mags...legally, he could only buy a used Gen 2 with ten round mags...

    If I moved back, I could not bring my mags, and I believe I'd have to ship the weapons to a licensed gun shop until I register the weapons...
    Bad info

    Quote Originally Posted by MtflyerHK View Post
    Hearing stories like that make me throw up in my mouth a little...
    And much of what you hear are indeed "stories" and aren't based on fact.

    Quote Originally Posted by canav844 View Post
    I believe (based on memory of what I've read here) in MA, you can "import" magazines and guns from other states, once when you move and declare exactly what and how much and from there on out you're bound by the states law as far as what you own. So if you own a gun not on the approved list or a magazine of more than 10 rounds you are not required to sell or store it out of state.
    Some correct and some bad info here.

    MA is so screwed up and takes a 450 pg book (revised ~2x/year) to keep up with the laws, regulations and interpretations. That and all the mis-information is why I have just created a MA Gun Laws by and for Non-Lawyers seminar (3 hrs) to try to correct all that mis-information.

    Anyone visiting or residing in MA is subject to MGLs on guns/ammo/mags including the bans on "new" semi-auto so-called "assault weapons" and "new" hi-cap mags!

    If you move in (HIGHLY NOT-recommended), you may bring all compliant (with AWB/hi-cap mag ban only) guns/ammo/mags with you and you have 60 days to obtain your MA LTC (it takes about that and sometimes longer) and do NOT have to register anything. If you shipped the guns to a MA Dealer you would legally "lose" most/all your handguns as the Dealer is PROHIBITED by MGL from transferring them to you (any that aren't MA Compliant, on the EOPS Roster, meets the AG Regs, etc.) and the dealer couldn't transfer anything until you get your LTC and they wouldn't be happy storing your stuff for 60+ days. [Even though you own it, if it goes thru a dealer's books it is a Transfer!]

    If you bring your guns in AFTER you move into MA, you MUST register every one of them with the state.

    You can therefore have any handguns (as long as they aren't MA Defined as "assault weapons", e.g. AK/AR pistols) and any pre-9/13/1994 hi-cap mags for any guns. Any semi-auto rifles/shotguns either have to be "Pre-ban" or be neutered to meet the MA AWB.

    You can buy pre-ban mags from anywhere that will sell them to you. WARNING: Most out of state sources will refuse to ship to MA.

    You can purchase/sell privately (sell max 4 guns/year) any vintage handgun. The EOPS List/AG Regs/Handgun testing only applies to what a (in MGL legalese) "purveyor of handguns" can transfer (MA Dealer) and has no bearing on private party transfers. A transfer is a transfer, has nothing to do with money so even gifts between family members are affected. People frequently buy/sell (privately) latest gen Glocks, XDs, etc. but they have a "MA Premium" that sometimes makes the prices totally ridiculous.
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