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Old January 5, 2013, 12:30 PM   #1
kot
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illinois resident, keeping the firearm in Indiana

I am hopeful the current anti-gun effort in Illinois (http://isra.org/alerts/sunday.html) will fail. Not meaning to be an alarmist, but have no intention of surrendering my firearms in case something like this passes. Do you know if it is legal for the unfortunate Illinois resident to keep his firearms in another state, for example, in Indiana, e.g. in the rented storage locker at the range? Thanks.
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Old January 5, 2013, 01:10 PM   #2
MLeake
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Good question for Frank Ettin.

I suspect you could, but nobody else could have access or else you might run afoul of possession and interstate transfer laws. I am not an attorney, so that is only my layman's opinion.

Frank is an attorney, and TFL has a few more.
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Old January 6, 2013, 11:29 PM   #3
bitttorrrent
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State to state is tricky expecially when the states do not talk to each other.

When I am out of state in Michigan at my 2nd home, it is considered my domain and I am allowed to have my guns in the house. But, since I am a full time resident of IL, Michigan will not give me any time of carry license and will not honor my Chicago Firearms permit.

I may transfer my permanent residence to MI at some point, but then that causes problems in IL.

Very difficult with state to state.
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Old January 7, 2013, 02:55 AM   #4
Dr Big Bird PhD
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I wouldn't even think about it unless I had consulted an attorney.
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Old January 7, 2013, 10:43 AM   #5
wayneinFL
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You already own the firearms legally in IL, where you are a resident? These firearms are legal in IN?

If you can legally possess them in IN, and they are on a property over which you have control, I don't see why you couldn't keep them there.

If IL were to ban these firearms and IN did not, I don't see how you could get in trouble for owning them. If they were illegal to possess in IL, the firearms are not in IL- they are in IN, which is out of their jurisdiction. They aren't illegal in IN, so IN won't have a law to charge you with.

Of course, I'm not claiming to be a lawyer, so my advice is worth exactly what you paid for it. But I don't see why this would be much different than someone in CA owning CA-banned firearms at a vacation home or relative's home in NV.
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Old January 7, 2013, 10:51 AM   #6
Willie Sutton
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^^^ just one data point:

I was a NJ resident when NJ banned EBR's. I visited a friendly Pennsylvania gunsmith/gunstore, and we came to a deal whereby I leased the floorspace to place my own gun safe. I loaded my collection of EBR's into it, and that was that. When I wanted to shoot I went there, opened the safe, grabbed what i wanted to shoot, and went on my way. Returned them when I felt like it. This 'smith made a small extra busines out of this from about a dozen or so guys in the same position as me. Really, you could do it in a mini-storage place if you wanted to. Security at them is pretty good, and many are climate controlled. Bolt a safe to the floor of one and that's that.

This was/is a way for NJ collectors to store their Class 3 stuff as well, setting up a trust in PA and then storing the assets of the trust in the same state.




Glad I moved...


Willie


.
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Old January 7, 2013, 11:16 AM   #7
MLeake
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Consulting an attorney is a good idea.

As I understand it, Federal law prohibits buying a weapon in another state, that you cannot legally own in your state of residence.

I do not know of a Federal law that says you cannot own a gun in another state, that has been banned in your state of residence. There is a distinction.

But again, this is what lawyers are for.
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Old January 7, 2013, 04:53 PM   #8
rebs
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I have a NYS cc permit and also have a non rsident Pa permit, so I can take my guns to Pa to shoot with friends I have that live there. I know you can take your hunting rifle to Pa to hunt, but I don't know about leaving it there when you return to NY
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