Traveling with Rifles and Ammunition
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Thread: Traveling with Rifles and Ammunition

  1. Traveling with Rifles and Ammunition

    I live in South Carolina. My good friend lives in Virginia. I am purchasing 3 rifles and some ammo from him. Do I need to worry about transportation? I was just going to drive up and get them.

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  3. #2
    Quote Originally Posted by draexo View Post
    I live in South Carolina. My good friend lives in Virginia. I am purchasing 3 rifles and some ammo from him. Do I need to worry about transportation? I was just going to drive up and get them.
    Transportation is easy. Just curious, which FFL are you going to use for the transfer since an FFL transfer is required to make the sale legal?
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  4. Just put them in your trunk, unloaded and you are good to go. Congrats.

  5. #4
    [QUOTE/Transportation is easy. Just curious, which FFL are you going to use for the transfer since an FFL transfer is required to make the sale legal?[/QUOTE]

    When did a private sale between two people become illegal? Have I been away from VA that long?

  6. #5
    Join Date
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    Keep the ammunition separate from the rifles... make sure the rifles are NOT loaded and you are good to go with the states you would be traveling through.

    As far as an FFL is concerned, with long barrels you do not need to involve yourself with one.
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote."
    ~ Benjamin Franklin (maybe)

  7. #6
    Quote Originally Posted by 1911_Marine View Post
    When did a private sale between two people become illegal? Have I been away from VA that long?
    the issue is that private sales of handguns must be between residents of the the state where the transaction takes place, if not the deal needs to be through an FFL as for long gun the laws are different but you need to beware of any possible restrictions

  8. #7
    Join Date
    Nov 2010
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    Navy is correct. Read 18 U.S.C. 922 (3)
    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) sets the exception for an FFL to sell to an out of state customer but not a private person to private person.
    (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;
    NRA Certified Pistol Instructor
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    Normal is an illusion. What is normal to the spider is chaos to the fly.

  9. #8
    Join Date
    Nov 2010
    Location
    SE FL and SE OH
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    Quote Originally Posted by apvbguy View Post
    the issue is that private sales of handguns must be between residents of the the state where the transaction takes place, if not the deal needs to be through an FFL as for long gun the laws are different but you need to beware of any possible restrictions
    Handguns or long guns, makes no difference. The law says firearms, not handguns or long guns. Firearms, by law, defines both.
    NRA Certified Pistol Instructor
    NRA Certified RSO
    Normal is an illusion. What is normal to the spider is chaos to the fly.

  10. #9
    Quote Originally Posted by apvbguy View Post
    the issue is that private sales of handguns must be between residents of the the state where the transaction takes place, if not the deal needs to be through an FFL as for long gun the laws are different but you need to beware of any possible restrictions
    The only difference for rifles and shotguns vs. other firearms is that between residents of different states, the long guns can go through an FFL in just about any state, for handguns the transfer must occur at an FFL in the buyer's state of residence. If the Virginia good friend sells the rifles directly to the South Caronlina resident, the seller commits a Federal felony violating 18 USC 922 (a)(5), and when the buyer takes the rifle back to his home state, he commits a seperate felony violating 18 USC 922 (a)(3). Here is the link to the Federal laws:

    18 USC § 922 - Unlawful acts | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

    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,
    (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;
    It seems like we can post these same two laws over and over again, and the same people are going to give the advice, "It's OK between two private parties, just take the guns and go!" PRIVATE PARTY SALES AND GIFTS OF FIREARMS BETWEEN RESIDENTS/FAMILY MEMBERS OF DIFFERENT STATES IS ILLEGAL unless the transfer goes through an FFL! PERIOD. It does not matter if the guns are handguns, rifles, shotguns and does not matter if the states are contiguous to each other or not.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  11. So I should NOT drive up to Virginia, load the weapons and ammo and drive back???

    I would need an FFL dealer on EACH end to do this legally? Can I even transport them in my vehicle with an FFL?

    I am very confused right now!

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