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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 03-24-2013, 7:02 PM
RJB5584 RJB5584 is offline
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Default Moving Out Of State With OLL

I am moving to the other side of the nation, and soon will be the happy owner of an OLL AK that I'm building here in CA.

My question is, when I move, what (if any) legalities are there to how I move an OLL rifle?

For instance, can I ship it to my new address through the post, or does that constitute a transfer of ownership since I would be relinquishing control of it? Since it is travelling across state lines, is there a stipulation that I would have to sent it to an FFL, and therefore register it?

Or do I have to (or, can I) drive across the US with it in the trunk of a rental car?


Thank you in advance!
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  #2  
Old 03-24-2013, 7:52 PM
rstrobel rstrobel is offline
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http://en.wikipedia.org/wiki/Firearm...Protection_Act

refer to the safe passage provision

that being said, I'd still avoid traveling through New York with it.
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Old 03-24-2013, 8:31 PM
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spitter3 spitter3 is offline
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http://www.atf.gov/firearms/faq/unlicensed-persons.html

Quote:
Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
Quote:
Q: May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

Last edited by spitter3; 03-24-2013 at 8:36 PM..
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  #4  
Old 03-24-2013, 9:01 PM
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bwiese bwiese is offline
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Quote:
Originally Posted by RJB5584 View Post
I am moving to the other side of the nation, and soon will be the happy owner of an OLL AK that I'm building here in CA.

My question is, when I move, what (if any) legalities are there to how I move an OLL rifle?
I will assume you are moving to a 'normal', 'free' state and not NY, NJ, MA, MD or DC.

Providing ..
1.) you are not violating NFA laws,
2.) you are not violating California laws *while in California*;
2.) you followed 18 USC 922(r) / 27 CFR 478.39 "10 or less key foreign parts" game

... you have a normal rifle that is YOUR rifle. You don't have to do anything.

While it's not really required that homebuilts have serial#s etc I'd avoid prospective drama in a traffic stop and would have your name/city/serial# (which can be "JoeBob#1") engraved on it.


Quote:
For instance, can I ship it to my new address through the post, or does that constitute a transfer of ownership since I would be relinquishing control of it?
You indeed are allowed to "ship to yourself", care of recipient at destination. The recipient should not open/unwrap package and should leave it undisturbed. If the home has a prohibited person in it that could be worrisome.

Shipping may be problematic even if legal: UPS or USPS may not want to ship declared gun to a non-FFL. Note USPS will not ship handguns if shipper is a nonFFL.

[Any asshat here that says to "ship as surplus metal parts" should be kicked in the face.]

Quote:
Since it is travelling across state lines, is there a stipulation that I would have to sent it to an FFL, and therefore register it?
No. Your gun is your gun. You are keeping it and not transferring to another individual.

Quote:
Or do I have to (or, can I) drive across the US with it in the trunk of a rental car?
Generally so. Again, if you are going thru or risk being diverted thru problematic states above, you need to observe their laws IN DETAIL. A bad traffic stop could be TERRIBLY EXPENSIVE even if you are correct.
Also even though PA is pro-gun, Philly can be a real problem.

Disregard anyone that says FOPA '86 federal law protects you from state actions. Those east Coast cops will not honor that; at best, FOPA is not preventive coverage but a key element of defense or appeal down the line.
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  #5  
Old 03-25-2013, 5:40 AM
RJB5584 RJB5584 is offline
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Thank you all for the responses! They have ben incredibly helpful!

For those wondering, I am moving to Tennessee (specifically, Nashville). If I do transport it by car, I will be going through AZ, NM, TX, AR, and finally to TN. All gun-friendly, at least compared to CA, but then again, nearly all states are.

I am avoiding Louisiana because I hear a lot of cops in the areas between Houston and New Orleans are looking for drug runners, and I just want to avoid harassment however possible.

It looks like UPS will be the first choice, but if all else fails, at least it is nice knowing that I have the option of driving it across country in a U-Haul with the rest of our stuff!
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