Kenneth Carroll: Transportation And Use Requirements With Title 2 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.

Application to Transport NFA Firearms

ATF has recently updated their forms and now requires notification when you move within a state for any NFA Firearm. This can be done using the 5320.20 form which is described on this page. While the document states that it is not necessary when moving across state lines for a suppressor, it is now required by the instructions on the Form 4. Regardless of how you feel, we would recommend that you complete a Form 20 for any move even if across the street. The ATF requires prior authorization after a written request to transport any destructive device, machine gun, short-barreled rifle, or short-barreled shotgun under Section 922(a), The ATF does not require this prior authorization for a suppressor.

While the prior authorization from the ATF is not required, we do still recommend obtaining an approved Form 20 from the ATF for Suppressors before crossing state lines. We feel that it is better to have a document from the federal government stating it is legal to be in possession of the item in another state than is listed on your Form 4 or Form 1 which was used to acquire the item. Title 18 U.S.C. While the ATF use to accept a letter, ATF stopped accepting letters and is requiring this form to be filled out and it needs to be submitted in duplicate. Once the ATF approves the transportation, they will return a Form 20 to the registered owner. The approval authorizes the registered owner to transport the designated firearm(s) only during the time period specified in item 3 on the form. The authorization does not carry or import relief from any statutory or regulatory provisions relating to firearms other than 27 cfr 478.28. Prior authorization should only be requested to a state where the items are legal to possess. A mistaken authorization to transport an item to a state does not mean it is legal to do so and while there may be an argument against federal prosecution, it should not be relied upon to protect you from state prosecution. If a contract or common carrier is used to transport the firearm(s) a copy of ATF Form 5320.20 shall be furnished to the carrier and shall be in possession of the carrier for the duration of the transportation. This will meet the requirements of sections 922(e) and (f) of the Gun Control Act of 1968. This form is in a PDF format that permits you to type your information. If you have questions about the form 20, you can call Ascent Law, your Gun Trust Lawyer (801) 676-5506.

Things you need:
• The Full Name should be the name of your Trust.
• Select YES if this is a temporary transportation across state lines and NO if the items will not be returned.
• You can select a date range of up to 1 year. For example Jan 1, 2015 to Dec 31, 2015
• Reason for Transfer: Change of Address or Local shooting event, hunting… ( If moving to NC see this link)
• Should be the current location of the items
• Should be the location you are travelling to.
• This should be how the items will be transported.
• Will be signed by the Trustee submitting the Application.
• Is the date you are signing the request.

Interstate Transportation Of Firearms

Federal law does not restrict individuals from transporting legally acquired firearms across state lines for lawful purposes except those explicitly prohibited by federal law to include convicted felons; persons under indictment for felonies; adjudicated “mental defectives” or those who have been involuntarily committed to mental institutions; illegal drug users; illegal aliens and most non-immigrant aliens; dishonorably discharged veterans; those who have renounced their U.S. citizenship; fugitives from justice; persons convicted of misdemeanor crimes of domestic violence; and persons subject to certain domestic violence restraining orders. Therefore, no federal permit is required (or available) for the interstate transportation of firearms. Many states and localities have laws governing the transportation of firearms. Travelers must be aware of these laws and comply with legal requirements in each jurisdiction. There is no uniform state transportation procedure for firearms. If in doubt, a traveler should carry firearms unloaded, locked in a case, and stored in an area (such as a trunk or attached toolbox) where they are inaccessible from a vehicle’s passenger compartment and not visible from outside the vehicle. Any ammunition should be stored in a separate locked container. Title 18 Part 1 Chapter 44 s926A.

Federal Law On Transportation Of Firearms

A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage. Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered. Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest. All travelers in areas with restrictive laws would be well advised to have copies of any applicable firearm licenses or permits, as well as copies or printouts from the relevant jurisdictions’ official publications or websites documenting pertinent provisions of law (including FOPA itself) or reciprocity information. In the event of an unexpected or extended delay, travelers should make every effort not to handle any luggage containing firearms unnecessarily and to secure it in a location where they do not have ready access to it.

Carrying On Or About The Person

As soon as any firearm is carried on or about the person, or placed loaded or readily accessible in a vehicle, state and local laws regarding the carrying of firearms apply. If you seek to carry or transport firearms in such a manner, it is advisable that you determine what the law is by contacting the Attorney General’s office in each state through which you may travel or by reviewing the law. You may also wish to determine whether the state issues any necessary permits to non-residents and how to obtain one, if available. While many states require permits to carry usable, loaded firearms on or about one’s person, some will not issue such permits to non-residents.

Transportation By Motor Vehicle

In most states, firearms may be transported legally if they are unloaded, cased, and locked in the automobile trunk or otherwise inaccessible to the driver or any passenger. The exceptions to this rule apply mainly to transportation of handguns and so-called “assault weapons.” The myriad and conflicting legal requirements for firearm transportation through the states make caution the key for travelers of which you must consult local law.

If you travel with a trailer or camper that is hauled by an automobile, it is advisable to transport the firearms unloaded, cased and locked in the trunk of the car. If your vehicle is of the type in which driving and living spaces are not separated, the problem becomes one of access. If the firearm is carried on or about the person, or placed in the camper where it is readily accessible to the driver or any passenger, state and local laws regarding concealed carrying of firearms may apply. It is recommended, therefore, that the firearm be transported unloaded, cased, and placed in a locked rear compartment of the camper or mobile home, where it is inaccessible to the driver or any passenger. Generally, a mobile home is considered a home if it is not attached to a towing vehicle, and is permanently attached to utilities, placed on blocks, or otherwise parked in such a manner that it cannot immediately be started up and used as a vehicle. Once you reach your destination, state and local law will govern the ownership, possession, and transportation of your firearms.

Firearms Aboard Commercial Aircraft

The Transportation Security Administration (TSA) has established specific requirements for transporting firearms and ammunition in checked baggage on commercial aircraft, including the following: All firearms or ammunition must be checked with the air carrier as luggage or inside checked luggage. Firearms, firearms parts, and ammunition are prohibited from carry-on baggage. Firearm parts include barrels, magazines, frames, and other internal parts of a firearm. Gun owners are strongly encouraged to double-check all baggage, even when not travelling with firearms. This is particularly important if bags also serve as range bags or are used to transport firearms and/or ammunition at other times. Inadvertently leaving ammunition or a firearm in a carry-on bag will result in serious delays at security points and potential civil or criminal penalties. All firearms and/or ammunition must be declared orally or in writing in accordance with the air carrier’s procedures. Civil and criminal penalties may be applied for failure to declare a firearm in checked baggage. All firearms must be unloaded. The firearm must be carried in a hard-sided container. The container must be locked and only the passenger may retain the key or combination. All checked baggage is subject to inspection. If during the inspection process it is necessary to open the container, the air carrier is required to locate the passenger and the passenger must unlock the container for further inspection. The firearm may not be transported if the passenger cannot be located to unlock the container. If you are travelling with a firearm, pay close attention to airport pages and announcements. If requested, provide the cooperation necessary to inspect your firearm. Ammunition is prohibited from carry-on luggage. Ammunition must be transported in the manufacturer’s packaging or other packaging suitable for transport. Consult your air carrier to determine quantity limitations and whether the ammunition must be packed separately from the firearm. Because the level of training among airline personnel varies widely, passengers would be well advised to bring printed copies of firearms rules from both TSA and the particular airline being used.

For further information, visit http://www.tsa.gov/traveler-information/firearms-and-ammunition Finally, the United States Department of Justice has issued a written opinion that federal law protects airline travelers with firearms, assuming: (1) the person is traveling from somewhere he or she may lawfully possess and carry a firearm; (2) en route to the airport the firearm is unloaded and inaccessible from the passenger compartment of the person’s vehicle; (3) the person transports the firearm directly from his vehicle to the airline check-in desk without any interruption in the transportation, and the firearm is carried to the check-in desk unloaded and in a locked container. Otherwise, travelers should strictly comply with FOPA and with airline and TSA policies regarding firearms transportation, avoid any unnecessary deviations on the way to checking in their baggage, be well acquainted with the firearms laws of the jurisdictions between which they are travelling, have any necessary permits or licenses ready for inspection, and have copies of relevant provisions of current law or reciprocity information printed from official sources. Special advisory for New York & New Jersey airports: Despite federal law that protects travelers, authorities at JFK, La Guardia, Newark, and Albany airports have been known to enforce state and local firearm laws against airline travelers who are passing through their jurisdictions. In some cases, even persons travelling in full compliance with federal law have been arrested or threatened with arrest. FOPA’s protections have been substantially narrowed by court decisions in certain parts of the country, particularly in the Northeast. Persons travelling through New York and New Jersey airports may want to consider shipping their firearms to their final destinations rather than bringing them through airports in these jurisdictions.

National And State Parks And Wildlife Refuges

A person may possess an operational firearm in a national park or wildlife refuge if the individual is in legal possession of the firearm and if possession of the firearm is in compliance with the laws of the state in which the park or refuge is located. Rules in various state park systems vary, so always inquire first. A separate federal law, however, continues to ban the possession of firearms in “federal facilities,” including those within national parks and wildlife refuges. The National Park Service interprets this provision broadly to prohibit firearms not only in buildings (such as visitor centers, ranger stations, and administrative offices) but also in other areas that are regularly staffed by federal employees (such as developed caves and gated outdoor performance areas). National Park Service officials have indicated that all prohibited locations will be posted with signs.

While FOPA applies in every United States jurisdiction, experience has shown that some jurisdictions provide particular challenges to those transporting firearms. Knowing the local laws of such places is particularly important and may make travelling through them easier. The following states are known to have especially strict and complicated gun control laws and travelers should consult the state laws directly, along with local law enforcement and states’ attorneys general resources for detailed information.