Transporting firearms across State Lines

[crazyyankee]

Good afternoon,

Here's some background;

I'm getting ready to retire in the near future. So my oldest Daughter and SIL want to help move some of our stuff now.
They were thinking that moving my Gun room now before we move out to Kansas with them would help ease some of the move. My concern is what legalities do we have to worry about if they are in possession of my firearms, both long arms and handguns. The ammo of course would be in a separate "box", but what other things do I need to worry about as they cross State lines in unfriendly 2A States. The wife and I would not be traveling with them.

All of use have concealed permits/licenses, they both did when they lived here in PA and now have them in Kansas.
Some of the firearms are antique, some are not.
I'm not even sure I know what questions to ask.

Any thoughts to where I can find this info would be helpful

Thanks in Advance
Mike

[QuackXP]

https://en.wikipedia.org/wiki/Firear...e%22_provision

You can use this when traveling through states that might ban the type of firearm you own. So long as you do not make stops.

However if you have a LTCF and avoid Illinois you will have reciprocity for concealed carry the whole way from PA to KS. This along with FOPA should keep you relativally safe. Unless some of those states that honor your permit also ban large capacity magazines or certain kinds of bullets. I would look that up.

Here is the reciprocity map if you only have a PA LTCF.

2019-09-27 15_44_32-Window.jpg

[tl_3237]

As I understand it, you are a Pa resident with a gun collection that you will be giving possession and control of to your daughter and SIL (Kansas residents) to transport for you to Kansas. You will not be accompanying the firearms on the move.

You might want to reconsider whether such a transfer between residents of differing states comports with Federal law, specifically:

18 USC §922. Unlawful acts

(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;

(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;

Arguably you would be in violation of 18 USC §922(a)(5) by for relinquishing your firearms to the Kansas residents and they would be in violation of 18 USC §922(a)(3) when they enter into Kansas at the end of their transport.

[crazyyankee]

Thank You QuackXP,
That is a place to start, but I don't necessarily trust wikipedia. But I'll figure it.

[crazyyankee]

Thanks tl_3237,
I would never have considered this to be "importation", but I guess from a legal standpoint it might be.
To me it's just a Father giving his collection to his Daughter temporarily.

But that is why I'm asking in advance, so as to avoid any legal trouble or issues. I'm guessing it might be wise to talk to an attorney and see what I can legally do.

[dannyb]

I don't know how many firearms you are talking about. If you already have a domicile in Kansas and it's not dozens of firearms, I think that you could just ship them to yourself. Handguns can't go through USPS, you'd have to ship by FedEx or UPS, but long guns can be shipped either way AFAIK. I would ask the more knowledgeable on the board to chime in with confirmation and hopefully instructions.

[crazyyankee]

dannyb,
I don't have a domicile in Kansas other then the kid's house. We will be putting a house across the street sometime next year. That's the plan right now. We are just trying to make the move as easy as possible, other than selling everything and just going out there with our clothing.. I have shop equipment and tools, etc from a life time. Some will be sold, some will make the move. But the firearms are moving with us if I have anything to say about it. (besides, the kids want to inherit the collection.. LOL) As to shipping them I guess that is a viable possibility that I will have to consider. Thanks

[Gunsnwater]

Thanks tl_3237,
I would never have considered this to be "importation", but I guess from a legal standpoint it might be.
To me it's just a Father giving his collection to his Daughter temporarily.

But that is why I'm asking in advance, so as to avoid any legal trouble or issues. I'm guessing it might be wise to talk to an attorney and see what I can legally do.

That gifting only applies when both people are residents of the same state. Interstate commerce crap and different state laws are some of the excuses. Keep the guns with you.

[tl_3237]

I don't know how many firearms you are talking about. If you already have a domicile in Kansas and it's not dozens of firearms, I think that you could just ship them to yourself. Handguns can't go through USPS, you'd have to ship by FedEx or UPS, but long guns can be shipped either way AFAIK. I would ask the more knowledgeable on the board to chime in with confirmation and hopefully instructions.

The tariffs of both UPS and FedEx requires that an FFL be either the sender or receiver of the firearm shipment.

[God's Country]

Safest bet IMO is to do it yourself.