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Old January 3, 2013, 11:35 AM   #1
rjwassink67
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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?
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Old January 3, 2013, 12:34 PM   #2
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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.
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Old January 3, 2013, 12:53 PM   #3
Gaerek
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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.
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Old January 3, 2013, 01:02 PM   #4
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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
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Old January 3, 2013, 01:33 PM   #5
ClydeFrog
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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.

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www.gunlawguide.com www.handgunlaw.us www.nra.org
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Old January 3, 2013, 03:03 PM   #6
rjwassink67
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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.
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Old January 3, 2013, 03:49 PM   #7
RJay
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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 ).
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Old January 3, 2013, 06:23 PM   #8
Aguila Blanca
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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.
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Old January 3, 2013, 06:39 PM   #9
jason_iowa
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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.
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Old January 3, 2013, 07:39 PM   #10
rjwassink67
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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.
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Old January 3, 2013, 07:46 PM   #11
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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!
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Old January 3, 2013, 08:01 PM   #12
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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.
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Old January 3, 2013, 08:06 PM   #13
rjwassink67
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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!
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Old January 3, 2013, 08:11 PM   #14
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Of those listed, only Hawaii will have some hassles. We like guns here in the South
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Old January 3, 2013, 08:18 PM   #15
Rob228
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There will also be an inevitable trip to Okinawa at some point, your firearms will have to stay CONUS.
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Old January 3, 2013, 08:21 PM   #16
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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
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Old January 3, 2013, 08:37 PM   #17
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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
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Old January 3, 2013, 08:40 PM   #18
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Utah ... http://www.usacarry.com/concealed_ca...city_maps.html

Florida....
http://www.usacarry.com/concealed_ca...city_maps.html
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