Moving across Country, a bit

[david58]

Moving from Oregon to New Mexico in a few weeks. Planning to drive south through CA, turn left and go through AZ to NM.

Not a huge gun collection, but I have an AR with lots of 20 and 30 rd magazines, all my semi-auto pistols are greater than 10-round capacity, and et cetera.

My scheme for carrying the guns is to build a box that will ride in the back of my rig (a large SUV), which will have carpet on top and on which we will load luggage and two large dogs.

Am I "importing" into CA, or am I ok to pass through the state with the guns locked away, mags empty and locked in the box, and ammo in a trailer? I suppose I could mail the mags to my PO box in NM (is that even legal?), but I still have the guns.

Appreciate any information you might be able to toss my way. Thanks in advance.

 

[Frank Ettin]

....Am I "importing" into CA, or am I ok to pass through the state with the guns locked away, mags empty and locked in the box, and ammo in a trailer? I suppose I could mail the mags to my PO box in NM (is that even legal?), but I still have the guns....

You would probably be deemed to be importing high capacity magazines, and any firearms, like perhaps your AR, which are not California compliant. So it's a bad idea to take them with you.

You'd be fine mailing the magazines. The AR is a tougher question. I suggest you review the Calguns Wiki.

If you can by-pass California, that would be the best idea.

 

[MErl]

It is too bad the the safe travel provision of FOPA is dead. The purpose of it was to allow this exact situation.

 

[herrwalther]

Did I miss something? Why is the safe travel provision of FOPA dead? When I moved from NY to AL, I stored my firearms out of state. Because of where they were stored I had to drive through NJ, with illegal firearms, magazines, and HPs in the vehicle. I kept a copy of FOPA in my pocket and made sure to abide. Why would similar action not be legal in this case?

 

[Red Wind]

No need to go through California to get to New Mexico from Oregon. Just make your left turn earlier,then south into Nevada, then on through Utah to New Mexico. That is the shortest route.

 

[Red Wind]

Even better. See this route.

1360 Miles - 2189 Km
20 hours 31 minutes.

You view road map, traffic information and best route between Portland, OR and Albuquerque, NM. The route which you can take, the distance and estimated time is placed on the right depending on the status of the road.

 

[Nickel Plated]

Did I miss something? Why is the safe travel provision of FOPA dead?

Because some areas don't exactly care much about it despite it being law.

Go ahead and try driving through NYC with AR15s and 30 round mags in your car. That little FOPA printout ain't gonna keep you out of jail.
Sure eventually you might win the court battle. After much time, expense and pretty much ruining your life.
It certainly isn't gonna be as easy as just saying "FOPA, you can't touch me." and he waves you along.

Remember there are alot of places in this country that believe they have full authority to enforce the laws they see fit, regardless of what your "rights" are. Travel carefully.
If you want to go through Cali,
(I would. Not often you get to do a cross country trip like that. And it's still a beautiful state regardless of all the political problems.)
Just mail the guns to your new destination.

 

[Peter M. Eick]

If it were me in your shoes, I would just avoid CA with big guns in the car. Just not worth the effort to deal with the problem. Head to Idaho then Utah and come in the back way to AZ and NM.

Frankly I think Utah would be a prettier and less stressful drive then in CA. Especially with guns in the car. But I lived there for years so I am biased.

 

[orionengnr]

Planning to drive south through CA, turn left and go through AZ to NM.

See posts 5, 6 and 8.

The best thing about living in the US is that we have a pretty good highway system. You can thank President Eisenhower for the concept and a good part of the execution.
You can thank your parents and grandparents for the funding, and they did it without incurring massive national debt.

Our current politicians could learn a valuable lesson, if they had the interest, the capacity or the attention span. But that is a topic for another day.

 

[splithoof]

Like Frank said. Take a detour.
Chances are you will not have any problems, but if you have one, your whole year is totally ruined. Take a separate trip through Cali, enjoy the outdoors, coast, deserts, forests, etc. Enjoy it without the stress of worry over stolen/confiscated firearms.

 

[oneounceload]

OR to ID to UT to NM if you want to take Interstates

 

[tyeo098]

You can thank President Eisenhower for the concept

Technically you can thank Hitler, as it was his highway system in Nazi Germany that gave Eisenhower the easy-breezy trip to Berlin.
Moving troops and supplies from coast to coast in the US would be much easier with major roads that spanned across.
(Early in his military career, Eisenhower was tasked with moving some vehicles from the east coast to the west, a trip that took something like 6 months and cost a few lives)

You can thank your parents and grandparents for the funding, and they did it without incurring massive national debt.

Because the highway use tax we'll be paying for the rest of our lives is waaaaay better!

Src: http://www.fhwa.dot.gov/interstate/faq.htm; World regions research

Long story short? AVOID CALI

 

[Art Eatman]

Possibilities: If you have a mailing address, already, in NM, you can mail rifles to yourself, as well as the magazines. I would phone the nearest post office and ask about "will call" for pickup. (Which is why I like having a PO box.)

SFAIK, via UPS or FedEx, you can ship to yourself if you have somebody who can receive for you (but not opening the package). Or, in care of a gun shop per prior arrangement. Since it's from you, to you, no paperwork is required. It's merely a matter of security of the firearms.

 

[CoalTrain49]

Just read the rules, again. I came through CA about 3 weeks ago from WA with ammo and a pistol. CA isn't Mexico. If you don't stop anywhere but rest areas or for gas and food you are not importing a banned assault rifle or magazines. Just make sure your AR's are unloaded and separated from your ammo. They don't need to be locked in cases. Your pistols need to be locked and unloaded in a gun case.

If you have someone in NM that can vouch for your move make sure you have their number handy. Also any rent receipts, or other documentation that would indicate that you are actually moving to NM.

The only place you will be stopped is at the state line and they are only looking for citrus, not firearms. There is nothing in the state law that says you can't transport an AR or hicap mags through the state.

The weather this time of year isn't good going through the passes in the Rocky mountain states. I would just go through CA and don't make any unnecessary stops and don't leave your vehicle unattended and unlocked.

 

[El Tejon]

Why cannot you simply ship your guns and avoid the risk?

 

[david58]

Guess some of my logic is apropos:

• CA allows me to dodge the mountains for the most part. Pulling a UHaul, don't want to deal with snow.
• Hadn't considered mailing, didn't know that was legal
• I have to build a gun box for my muzzleloaders anyway, since they are so long. Too valuable to mail.
• Mailing would be expensive (yes, cheaper than a lawyer)
  
  The trip would basically be down I5, stopping twice to sleep. Not really sure how anyone would know I was toting them, still my luck isn't Reno-Rock-Solid, so I will likely just leave a couple of days early and go through Utah.
  
  David

 

[GAF]

I would call the CA government bureaucracy that enforces the gun laws there and ask them. I guess that might be the CA DOJ.

Get name of person you talk with and maybe record conversation if that is legal in your state.

 

[Zeeemu]

"The trip would basically be down I5, stopping twice to sleep. Not really sure how anyone would know I was toting them...."

Stopping overnight negates FOPA protection. Auto accidents are also a possibility that could result in discovery.

When contemplating desires vs. possible undesirable entanglement with 'The Man' the deciding factor for me is usually to ask myself whether or not, whatever the outcome, I'd be content with the consequences.

Cops, confiscation, jail, lawyers and courts don't appeal to me.
To quote Dirty Harry, "Do you feel lucky?"

 

[Red Wind]

^The OP has already stated he will be going through Utah. Good plan and no Man.

The trip would basically be down I5, stopping twice to sleep. Not really sure how anyone would know I was toting them, still my luck isn't Reno-Rock-Solid, so I will likely just leave a couple of days early and go through Utah.

David

 

[oneounceload]

SFAIK, via UPS or FedEx, you can ship to yourself if you have somebody who can receive for you

My understanding is that UPS and Fedex will only ship to an FFL from an individual

CA allows me to dodge the mountains for the most part. Pulling a UHaul, don't want to deal with snow

You will not like trying to go over Donner if it's been snowing - they close that down and you can wait in Truckee for a while, unless you are going ALL the way down I-5.

Personally, I would opt to drive through CA with them stored as you mentioned. Drive normal, don't stay overnight and have a safe trip

 

[Red Wind]

Here is FOPA,1986 for David to peruse. No mention of no overnight stops. That is impossible if you are going from Crescent City, California to Arizona via Palm Springs, or from say, El Paso to Beaumont, Texas. You are going to have to make at least one overnight stop unless you have more than one driver.

Those distances are 1,000 miles. I think going through Cali and following oneounceload's advice is just fine. And stop overnight if you must.. I've done it more than once.

I'm recommending the Utah route because of the much shorter distance. Of course, it's winter and that has to be taken into consideration.

 

[Red Wind]

I'll print it out.

18 U.S. Code § 926A - Interstate transportation of firearms

Current through Pub. L. 113-234. (See Public Laws for the current Congress.)

US Code

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

 

[Zeeemu]

All 18 U.S. Code § 926A - Interstate transportation of firearms guarantees is that a person is immune from Federal prosecution. States can (and do) arrest, fine and/or imprison for violating their laws. A person so charged may eventually "win" in the end but at what cost? Do you really want to advise a person to risk that kind of hassle?

BTW, "I will likely just leave a couple of days early and go through Utah" isn't the same as 'I will ...go through Utah'. Semantics can be crucial.

 

[Red Wind]

All 18 U.S. Code § 926A - Interstate transportation of firearms guarantees is that a person is immune from Federal prosecution. States can (and do) arrest, fine and/or imprison for violating their laws. A person charged may eventually "win" in the end but at what cost? Do you really want to advise a person to risk that kind of hassle?

We know all that. The OP has been presented all the alternatives. Now, only he can make the final decision.

 

[Sam1911]

Stopping overnight negates FOPA protection.

That has not been established at all.

Unnecessary side trips and stops for visiting, sight-seeing, business, etc. could establish those spots as a destination where your items were illegal, which might certainly put your FOPA claim at risk, but the fact that you have to stop for the night is a reasonable part of travel from one place to another and doesn't negate your FOPA protection on its face.


But I'd rather go through Utah anyway.