Author Topic: Travel & Dismantle Firearms  (Read 2809 times)

holbrla

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Travel & Dismantle Firearms
« on: July 16, 2016, 05:27:24 PM »
I live full time in my camper - through my RV club I maintain a permanent address in Texas which is actually a CMFA, basically a 'high powered' post office box that can receive certified mail for me, etc - I do have a Texas D/L, vehicle tags & LTC - And I do actually hibernate in Texas during the winter months -

I was born and raised in Massachusetts and travel there in the summer to visit - I can avoid NJ, but MD and MA are likely destinations - NY & CT I can probably satisfy traveling through requirements -

I was hoping that complying with the Federal Traveling statue (firearms unloaded and locked up separately from ammunition that was also locked up) would allow me enough wiggle room to avoid problems with non-reciprocal state gun laws - I see from several other posts that such is not the case -

Question, what if the firearms are dismantled? - I am not a gun smith, but a fair amount of disassembly can be accomplished without being an expert, such as barrels, cyclinders, slides, hammers, triggers, firing pins, etc -  the parts could then be locked up in two or three separate containers, also separated from locked up ammunition - Would that avoid prosecution for possession of a firearm?

One last twist, it would be possible to mail, say the hammers, firing pins and triggers to a friend at my destination, such that I would not have in my possession parts to reassemble the firearms  -

As a comment, I don't get stopped for anything very often (2009 in Maryland for a seat belt violation) and wouldn't anticipate getting questioned about firearms - although my Texas LTC may show up if an out-of-state LEO queries my D/L -

Thanks in advance for an answer -

Larry Holbrook
« Last Edit: July 16, 2016, 05:31:09 PM by holbrla »

holbrla

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Re: Travel & Dismantle Firearms
« Reply #1 on: July 19, 2016, 06:59:11 PM »
No response, so I'll offer what I was able to find out elsewhere -

I am NOT a lawyer -

Several websites (eg, GunBroker.com, UPS.com) advise that

* "The ATF legally defines a specific part of the weapon as the "firearm", everything else is just parts. For most pistols, it's the frame. For ARs, it's the lower receiver."

* Note: Receivers or frames of a firearm and firearm mufflers/silencers (also referred to as suppressors) are considered "firearms" and are accepted for transportation only if shipped in accordance with UPS's requirements for shipping firearms.

* The Pistol handgun frame or the firearm receiver counts as a complete firearm. Usually but, not always it's the main serial numbered part.

Obviously, these comments were made in regards to shipping, but why wouldn't they be applicable to travelers through states -

If one is traveling and caught with a bare frame or a bare receiver in a restrictive state, then that individual has a firearm - Traveling individuals should be able to take all other parts of a firearm with them except for the frame or receiver and firearm mufflers/silencers and avoid being charged with possession of a firearm -

I do hope this is helpful,

Larry



« Last Edit: July 19, 2016, 07:02:32 PM by holbrla »

TexasLawShield

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Re: Travel & Dismantle Firearms
« Reply #2 on: July 21, 2016, 10:53:27 AM »
holbrla,

You are correct that the federal definition of a firearm in 18 U.S. Code 921(a)(3) includes: (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.
Unfortunately, the mere dismantling of a firearm will not exempt you from the laws against possessing firearms in states like New York, New Jersey, Maryland, and Massachusetts.

One other option is that you may ship a firearm to yourself in care of another person in another state where you intend to hunt or engage in a lawful sporting activity. The package should be addressed to the you and no other person should open the package and take possession of the firearm.

holbrla

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Re: Travel & Dismantle Firearms
« Reply #3 on: July 29, 2016, 12:09:46 PM »
Thank you very much