Pennsylvania Firearm Owners Association
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  1. #1
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    Default Travelling with rifle

    Ok here is my question. I am on vacation in Florida right now. There is a gun down here that I would like to buy and I was wondering if I can drive back to New Hampshire with it. I am looking to buy a Colt AR 15 (6920) brand new and it has colap stock and flash hider (assault weapon). I was wondering if I can stop and stay at hotels or do I have to drive straight home. If I were to stop in PA would I be breaking any laws. I have pistol permit in NH and no lic needed for long guns. Also is there any states I should avoid if possible, or which states can I stop and rest with out a problem. Will be travelling mostley on 95 so GA./SC./NC/VA/DE/NJ/NY/CT/MA/then NH may have missed a few.
    Any input on this would be helpful
    thanks in advance

    F.P.

  2. #2
    Join Date
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    Default Re: Travelling with rifle

    Yes, you can purchase a rifle out of state PROVIDED you buy it from an FFL. The FFL is required to assure that the purchase iis legal both in the state of purchase and your home state.

    As to transport, provided your transport mode is legal in the state of sale and your destination (home) state you are protected in all intervening states by Federal (FOPA) law:



    18 USC § 926A. Interstate transportation of firearms



    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.
    PROVIDED you transport in the manner specified. Overnight stops are permitted if they are reasonable and necessary in a CONTINUOUS trip from the state of sale to your destination state. If you stop somewhere and then take excursions, like to some tourist destination or visiting relatives, then that state's laws come into full force and your FOPA protection ends; you would have to requalify for FOPA upon resumption of your trip by requalifying as the excursion state becoming your new origin state.

    Caution: When you stop overnight and you remove the firearms from the vehicle then FOPA protection also ends so its best, unless your familiar with the state laws, to leave the firearms in the vehicle where they remain in the FOPA transport mode.

    You have no issues in PA provided that the rifle is unloaded.
    Last edited by tl_3237; July 3rd, 2010 at 10:29 AM.
    IANAL

  3. #3
    Join Date
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    Default Re: Travelling with rifle

    You also need to be aware the some states have their very own assault weapons ban. So unless you're fully compliant with FOPA (and even if you are in NY) you could have major hassles. I wouldn't stop longer than necessary in MD, NJ, NY or MA. On the northern part of the trip I'd try to arrange any long stops in VA, PA, and maybe DE. And CT may not be too bad.

  4. #4
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    Default Re: Travelling with rifle

    That is what I was thinking after reading some of the state laws. I was thinking North Carolina and Then Penn. for my stay over nights. As I read VA law it seem you have to live in VA in order to own an assault weapon!!!!!!

    fp

  5. #5
    Join Date
    Oct 2006
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Travelling with rifle

    Quote Originally Posted by fp886 View Post
    That is what I was thinking after reading some of the state laws. I was thinking North Carolina and Then Penn. for my stay over nights. As I read VA law it seem you have to live in VA in order to own an assault weapon!!!!!!

    fp

    Not quite.. You're fine in VA.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  6. #6
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    Default Re: Travelling with rifle

    Quote Originally Posted by fp886 View Post
    Ok here is my question. I am on vacation in Florida right now. There is a gun down here that I would like to buy and I was wondering if I can drive back to New Hampshire with it. I am looking to buy a Colt AR 15 (6920) brand new and it has colap stock and flash hider (assault weapon). I was wondering if I can stop and stay at hotels or do I have to drive straight home. If I were to stop in PA would I be breaking any laws. I have pistol permit in NH and no lic needed for long guns. Also is there any states I should avoid if possible, or which states can I stop and rest with out a problem. Will be travelling mostley on 95 so GA./SC./NC/VA/DE/NJ/NY/CT/MA/then NH may have missed a few.
    Any input on this would be helpful
    thanks in advance

    F.P.

    There is a several day waiting period in FL, just have it shipped.

  7. #7
    Join Date
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    Default Re: Travelling with rifle

    Quote Originally Posted by archangel689 View Post
    There is a several day waiting period in FL, just have it shipped.
    Three day waiting period applies only to handguns.

  8. #8
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    Default Re: Travelling with rifle

    I deal a lot with this, since I travel a lot, and usually have at least a few guns in my car going back and forth from places. I never like driving through problem states (like Illinois), and I usually avoid stopping altogether in states that might be unfriendly to my carload of firearms.

  9. #9
    Join Date
    Oct 2006
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    Default Re: Travelling with rifle

    Quote Originally Posted by donm View Post
    Three day waiting period applies only to handguns.
    On the State level, but counties are allowed to implement a waiting period on long guns too, and several do have waiting periods on long guns.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

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