The Firing Line Forums

Go Back   The Firing Line Forums > Hogan's Alley > Handguns: General Handgun Forum

Reply
 
Thread Tools
Old January 3, 2013, 11:35 AM   #1
rjwassink67
Junior Member
 
Join Date: January 3, 2013
Posts: 4
Military moving with pistol

So we are thinking about getting a pistol. My wife is active duty military and we move every 3 years. Right now we are in California, but our home of record is in NY. We know she is able to buy one in CA, but our question is how easy is it to move with it? Is there certain states we cant go with a pistol? And how easy is it to drive across country with it in the car?
rjwassink67 is offline  
Old January 3, 2013, 12:34 PM   #2
Noreaster
Senior Member
 
Join Date: January 30, 2011
Location: New England
Posts: 1,322
Full faith and credit applies to your move. If you were legal in CA you can move through what ever States you go through as long as the firearm is unloaded and locked in a case. As far as your new State you have to check with it's laws and comply, (usually within 30 days or a reasonable amount of time.) You also have to comply with the service requirements and the base commander's rules & regs.
Noreaster is offline  
Old January 3, 2013, 12:53 PM   #3
Gaerek
Senior Member
 
Join Date: October 3, 2012
Location: Arizona
Posts: 939
Since California's gun laws are about as Draconian as any other state, you should be ok. Brush up on laws regarding transporting firearms across state lines. Make sure you know the laws of whatever state you're going to. You have a legal right to own that gun, and bring it with you.
Gaerek is offline  
Old January 3, 2013, 01:02 PM   #4
Old Grump
Member in memoriam
 
Join Date: April 9, 2009
Location: Blue River Wisconsin, in
Posts: 3,144
Ask the experts, I have their pamphlet but its about 10 years old, I am sure they update it. Get hold of the NRA, if you aren't a member become one. Here is their 2010 article, there may be more up to date ones. Just ask them.

http://www.nraila.org/gun-laws/artic...portation.aspx
__________________
Good intentions will always be pleaded for any assumption of power. The Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern will, but they mean to govern. They promise to be good masters, but they mean to be masters.
--Daniel Webster--
Old Grump is offline  
Old January 3, 2013, 01:33 PM   #5
ClydeFrog
Junior member
 
Join Date: May 1, 2010
Posts: 5,798
Good resources....

I'd check these sources. Atty David Wong also sells a legal guide to US gun and knife laws(including US possessions & Washington DC).
I'd also contact your base or post's community center, PMO or legal affairs/JAG(Judge Advocate General's) office. They may help with housing/legal issues related to active duty military & family members.
NOTE: after the Fort Hood Texas incident & the Pentagon shooting, new DoD regulations about private weapons(firearms). Make sure you get the latest information not some war stories or rumors.

Clyde
www.gunlawguide.com www.handgunlaw.us www.nra.org
ClydeFrog is offline  
Old January 3, 2013, 03:03 PM   #6
rjwassink67
Junior Member
 
Join Date: January 3, 2013
Posts: 4
Thanks everyone! I will get a hold of the NRA. So far we have always lived off base, so I dont think I have to worry about the base issues, but I will look into that as well.
rjwassink67 is offline  
Old January 3, 2013, 03:49 PM   #7
RJay
Senior Member
 
Join Date: November 2, 2005
Location: Arizona
Posts: 1,645
You know, that is something I never worried about. I just loaded them up in the trunk, unloaded and moved the wagons out, and believe me I moved a lot in 27 years and had more than a few firearms. The few times I got stopped for speeding, the trooper looked in the car at a aggravated wife and some very cranky kids, wrote the ticket and gave us a have a nice trip,
( about half the time after checking my ID they gave us a "Godspeed " with out a ticket ).
__________________
Ron James
RJay is offline  
Old January 3, 2013, 06:23 PM   #8
Aguila Blanca
Senior Member
 
Join Date: September 25, 2008
Location: CONUS
Posts: 6,297
Quote:
Originally Posted by Noreaster
Full faith and credit applies to your move. If you were legal in CA you can move through what ever States you go through as long as the firearm is unloaded and locked in a case.
WRONG

By "full faith and credit" I assume you are referring to the Firearms Owners Protective Act (FOPA), which addresses interstate transport (not carry) of firearms. But the FOPA applies ONLY if your possession (actually the law says "carry") of the firearm(s) is legal in the state where the journey begins, and in the state where the journey ends.

The OP's wife is presumably legal in California, where they now live. If, for example, they were to be transferred to Fort Drum, NY, she cannot (legally) enter NY state with any handgun unless and until she obtains a NY state permit with that specific handgun (or guns) listed on it. If she doesn't have that, the FOPA doesn't apply and she would also be at the mercy of any gun-unfriendly states through which the trip to NY from CA might pass.
Aguila Blanca is offline  
Old January 3, 2013, 06:39 PM   #9
jason_iowa
Senior Member
 
Join Date: July 30, 2011
Posts: 686
This is one of the issues that I don't think should be handled by the state or municipality. If the feds say I can buy and carry a gun in Iowa I should be able to buy and carry one anywhere in the US.
jason_iowa is offline  
Old January 3, 2013, 07:39 PM   #10
rjwassink67
Junior Member
 
Join Date: January 3, 2013
Posts: 4
The only reason my wife (active duty), can get a pistol in CA is because she has orders here. All she needs is to show her military ID and her orders for a CA base in order to buy in CA.

So we are able to travel through another state with it unloaded and in the trunk, but it depends on the new states rules for military if we can have it or not, without getting a new permit...correct?

Jason, I agree. If I pass for a pistol permit in one state it shuld carry over to every state.
rjwassink67 is offline  
Old January 3, 2013, 07:46 PM   #11
kayakersteve
Senior Member
 
Join Date: March 17, 2007
Location: Western NY
Posts: 922
Don't do it,

One year mandatory jail sentence entering NY with handgun. NY does not issue non resident pistol permits, but you may be treated as a resident of NY based on what you wrote. The county of residence plays an enormous role on pistol permit issuance. Western NY more leniant. I would send it to trustworthy friend or relative when you move back and then apply for permit. Most counties have 6-8 month wait for processing of applications. Not sure how peaceful journey would apply as it needs to be legal where trip begins and ends and I don't think you will be legal in NY unless you move back.

Edit on sending .... Ffl to ffl only!
__________________
See Ya!
kayakersteve is offline  
Old January 3, 2013, 08:01 PM   #12
Rob228
Senior Member
 
Join Date: May 29, 2010
Location: Broomfield CO
Posts: 564
I've been in somewhat of the same boat, I was stationed in CA for about 8 years and am legally a New York State resident. I can't think of too many states that you will have issues moving the pistols to with the exception of New York. If your wife doesn't have a permanent residence in NY it is doubtful that she will be able to get a NYS permit.

Slightly unrelated but I try to pass it on to all military New Yorkers. If you live off base, you are exempt from NY State income tax.
Rob228 is offline  
Old January 3, 2013, 08:06 PM   #13
rjwassink67
Junior Member
 
Join Date: January 3, 2013
Posts: 4
It will be a long time before we get back to NY. I am concerned about other states with Marine bases (Virginia, Hawaii, N.C., S.C., florida, etc.)

Thanks for the heads up for the taxes, luckly we have already been doing that!
rjwassink67 is offline  
Old January 3, 2013, 08:11 PM   #14
BigD_in_FL
Junior member
 
Join Date: December 20, 2012
Location: The "Gunshine State"
Posts: 1,981
Of those listed, only Hawaii will have some hassles. We like guns here in the South
BigD_in_FL is offline  
Old January 3, 2013, 08:18 PM   #15
Rob228
Senior Member
 
Join Date: May 29, 2010
Location: Broomfield CO
Posts: 564
There will also be an inevitable trip to Okinawa at some point, your firearms will have to stay CONUS.
Rob228 is offline  
Old January 3, 2013, 08:21 PM   #16
JimPage
Senior Member
 
Join Date: February 21, 2010
Location: Rome, NY
Posts: 632
Soldiers and Sailor Relief Act exempts militay from taxes in the PCS state for the most part. So unless you moonlight you don't have to pay income tax. If the spouse works he/she will have to pay taxes on that.

Sales tax if paid in another state on your car is exempted from the PCS state.

Check with your legal office on the base.

I can't speak to the gun license issue. A lot is done without specification in the law in NY. I do know military who have put their pistols in the Armory on base until they get a state permit. Usually to get it out of the armory you have to display your permit.

I'm not a lawyer nor do I play one in the movies. Do your own research
__________________
Jim Page

Cogito, ergo armatum sum
JimPage is offline  
Old January 3, 2013, 08:37 PM   #17
kayakersteve
Senior Member
 
Join Date: March 17, 2007
Location: Western NY
Posts: 922
You should apply for florida or Utah non resident permits ..... Get quite a lot of reciprocity with either, but Utah probably the best for you except won't help with NYat all
__________________
See Ya!
kayakersteve is offline  
Old January 3, 2013, 08:40 PM   #18
kayakersteve
Senior Member
 
Join Date: March 17, 2007
Location: Western NY
Posts: 922
Utah ... http://www.usacarry.com/concealed_ca...city_maps.html

Florida....
http://www.usacarry.com/concealed_ca...city_maps.html
__________________
See Ya!
kayakersteve is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 01:42 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.10216 seconds with 9 queries