Moving out of state, retaining property, non-res LTCF fun

[ehidle]

Okay, so I've done what research I can and I think I know what my situation is going to be, but I'm looking for clarification/agreement/nods from the peanut gallery.

I am moving to South Carolina in a couple of weeks. Here is a list of statements that I believe are true:

1) I must have my handguns shipped to an FFL in South Carolina to legally bring them into the state

2) I must surrender my PA LTCF since I will no longer be a PA Resident, even though I will still own my home here (renting it out)

3) I must obtain a SC CCW before I can apply for a PA non-resident LTCF

Do I have it right?

[mrjam2jab]

1. I'm not sure...but I wouldn't think so. I know NY says you must do that but I don't think any other state says that.

2. No. Your PA LTCF is valid until expired or revoked. Just call and inform them of the address change.

3. See #2. You will need to obtain your SC permit before renewing your PA LTCF, but you can still maintain your PA LTCF in the meantime.

[Xringshooter]

Not sure about #2 and #3 but unless SC law says you have to do it this way, you can transport all your guns to SC as per Federal law. This can be done either through the moving company (I highly DO NOT recommend this) or you can pack them up and move them yourself.

From the BATFE:
May a person who is relocating out of State move firearms with other household goods?

Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her State of residence.

Certain NFA firearms must have prior approval from the Bureau of ATF before they may be moved interstate. The person must notify the mover that firearms are being transported. He or she should also check State and local laws where relocating to ensure that movement of firearms into the new State does not violate any State law or local ordinance.

[18 U.S.C. 922(a)(4) and 922(e), 27 CFR 478.28 and 478.31]


Here is a link to what I found about SC gun laws (didn't see anything about mandatory shipment to a FFL).

www.sled.sc.gov/SCStateGunLaws1.aspx?MenuID=CWP

[ehidle]

That is all well and good, but what I worry about is some overzealous federal prosecutor to decide that my transportation of firearms into the state has an effect on interstate commerce and therefore I would fall into a 922(a)(1) trap.

The commerce clause can be used to criminalize everything, so using a licensed FFL would prevent them being able to use that to say I'm breaking the law.

Maybe I'm just being paranoid... but I can see this:

"You transported firearms into South Carolina, and therefore you did not purchase firearms in South Carolina. This reduced by two the number of firearms legally transported into South Carolina for sale, and therefore your activities have a substantial effect on interstate commerce, and therefore are in violation of 922(a)(1)."

Or something...

"He or she should also check State and local laws where relocating to ensure that movement of firearms into the new State does not violate any State law or local ordinance."

This is also a little worrisome.

[knight0334]

Okay, so I've done what research I can and I think I know what my situation is going to be, but I'm looking for clarification/agreement/nods from the peanut gallery.

I am moving to South Carolina in a couple of weeks. Here is a list of statements that I believe are true:

1) I must have my handguns shipped to an FFL in South Carolina to legally bring them into the state

2) I must surrender my PA LTCF since I will no longer be a PA Resident, even though I will still own my home here (renting it out)

3) I must obtain a SC CCW before I can apply for a PA non-resident LTCF

Do I have it right?

1. Not true. SC does not have a registration or any goofy thing like PA's recorded transfers. Just take them with you.

2. Not required. It is valid until it expires or is revoked.

3. Sorta correct. PA doesn't issue "non-resident" licenses, we just issue to non-residents - its the same license, with only an additional requirement of having a license from your home state first.


If you get your SC CCW permit/license, it will remove any doubt around number 2.

[ehidle]

3. Sorta correct. PA doesn't issue "non-resident" licenses, we just issue to non-residents - its the same license, with only an additional requirement of having a license from your home state first.


If you get your SC CCW permit/license, it will remove any doubt around number 2.

That's actually really great to hear. So as long as I can get my SC license before my PA license expires, I should be able to renew? The follow-on to this is, since I'm licensed by the Montco sheriff, and from what i hear the last guy (Durante) would not issue licenses to non-residents, is there a mechanism by which I can let my Montco license expire and just apply for a new one in one of the non-resident-friendly counties?

I don't know anything about the current Montco sheriff and haven't heard whether they will issue one, but I can only imagine they would continue the last guy's policy.

[GunLawyer001]

You can't directly transfer guns to someone in SC, but not even Federal law would treat this as a "transfer" from "PA-ehidle" to "SC-ehidle". You are the same person, it's not a transfer.

That being said, my general understanding is that you couldn't do this if you moved to NJ, because NJ requires you to get permission before you can be in possession of guns on their precious, crime-free soil.

I have no idea about SC law. But so far as the Feds are concerned, you're golden.

[knight0334]

That's actually really great to hear. So as long as I can get my SC license before my PA license expires, I should be able to renew? The follow-on to this is, since I'm licensed by the Montco sheriff, and from what i hear the last guy (Durante) would not issue licenses to non-residents, is there a mechanism by which I can let my Montco license expire and just apply for a new one in one of the non-resident-friendly counties?

I don't know anything about the current Montco sheriff and haven't heard whether they will issue one, but I can only imagine they would continue the last guy's policy.

Once you move and get your SC license, just apply at a non-resident friendly Sheriff of one of the other counties. Since MontCo is biased against non-residents, I would NOT notify him of a change in your address from PA to SC. He could try to force the pre-issuance requirement upon you as a retention requirement.

However, be aware, the new system going into effect in 2011 or so may require you to apply in person due to digital photo requirements.

[Xringshooter]

Once you get to SC get settled and get your SC license, when it's time, go through Centre Co. Sheriff Nau will issue the Non-resident LTCF.

[knight0334]

On a side note. SC does have a "junk-gun" law that may restrict bringing into the state any pot-metal guns. I'm not fully up to date on SC's laws, being its been many years since I hung out down there. It would be the only law I'd be concerned with in regards to moving and taking your guns with you.

Guns like cheapo Davis, Phoenix, etc made of zinc alloys might be prohibited from being brought into SC.