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How many laws will I break if I.............

Discussion in 'Legal & Political Archive' started by OLDNEWBIE, Jul 5, 2015.

  1. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    Resident of OR and am traveling in Fl where I used to live and have family. Regained possession of a Rifle that was being kept by my Dad. Have since transported it to another city in Fl. that I will be staying until next weekend.
    Rifle has no paper trail for at least 15 years when I was given it used by my grandpa who is dead now.
    Want to get it back to Oregon where I live.

    Under SB941 do I need proof it was always mine? And what kind of proof would that be?

    Will I be hassled if I take it home as checked luggage on Delta?
    Should I mail it to myself?

    How many laws will be broken even though it's always been my gun or am I legal??

    I have a third option of leaving it with another Parent but I'm no further forward.
     
  2. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    I'm not a lawyer, and only a lawyer can offer legal advice, but if it's your gun, just take it home. Call the airline to get their individual procedure for checking a firearm, and fly it home with you. Lot easier than mailing it to an FFL and all that crap- although if you were super paranoid about it you could do that and then have a "paper trail" proving you're the owner
     
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  3. Hayshaker

    Hayshaker Irrigon Active Member

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    Break it down and mail it to yourself . chances are that it'll never be checked unless it's stolen or a crime has been committed with it.
    just my opinion . I think that 941 is totally unenforceable unless your a convicted felon etc,etc . It would then just be another charge against you, which would amount to another slap on the wrist.
     
  4. The Heretic

    The Heretic Oregon Well-Known Member

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    If you mail it (only long guns can be mailed via USPS), you have to tell the USPS that it is a firearm you are mailing. Check their website on mailing firearms.

    http://pe.usps.com/text/pub52/pub52c4_009.htm

    Personally, I would NOT mail it. I would take it home.

    As for Delta, go to their website to get their details, they do allow transport of firearms (some do not). Also go to the TSA website for other details.

    Beyond that, in general, if you follow the rules and policies, transporting a firearm on an airline is allowed. It must be unloaded (some require the bolt on a rifle be removed), and in general a hard sided case is required by most. It must be "secure" which usually means the case must be locked somehow. Hard sided cases are best anyway if you want the firearm to arrive in good condition.

    As for 941, you are fine. You own the firearm. You aren't transferring it to anyone else and no one is transferring it to you. The law has exceptions for transfer between immediate family and firearms you inherit.
     
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  5. Joe13

    Joe13 NW of Vancouver Opinionated & Blunt Bronze Supporter 2015 Volunteer 2016 Volunteer

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    TAke it home and dont sweat it...
     
  6. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    I like the Idea of flying home with it but Delta's policy talks about a locked case and I don't want to spend a fortune on a case I'll only use once. wonder if a Walmart cheapo with a couple of padlocks would do?

    I'll be calling them up about it after I get this Theme Park thing:( out of the way tomorrow.
     
  7. The Heretic

    The Heretic Oregon Well-Known Member

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    It usually has to be a "hard case", but I have seen some pretty cheap and flimsy ones going through the airlines baggage system.

    That said, it has been a decade since I flew anywhere.

    Also, only you can gauge the value of the firearm to yourself and whether you want to risk the cost of damage or theft. You probably want to take photos of the rifle and serial number, etc., to document it in case you need to make a claim.
     
  8. 41Slinger

    41Slinger Harrisburg Oregon Bronze Supporter Bronze Supporter

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    Traveled quite a bit with firearms. Generally you need a hard case & locks. Call your airline in advance for their rules, each is different. Check in at the airline counter, they'll inspect and put a tag in the case, then you go to the TSA inspection, don't lock your case yet or they'll cut your locks. Stay close and go to the outlet end of the TSA inspection and watch and make sure they know you're there and that you want to lock your case after inspection. Then it goes to the plane with all the other luggage. Weird part for me was finding out that firearms don't go anywhere special when you pick them up, there they are on the luggage carousel going round just like your suit case. Good luck OLDNEWBIE. Enjoy your vaca.

    By the way, I did have a cheap plastic rifle case get a big chunk broken out of the back on one trip but the guns were ok.
     
    oknow and OLDNEWBIE like this.
  9. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    Go to MIDWAY USA and look at the gun cases they offer. Plano has 4-5 that would suit your needs just fine running from $25-50. You could have one shipped to the place in FL the rifle is at when you get there pack it up. And your good to fly home. Cheapest easiest (most likely a $25.00 luggage fee)

    If you Mail it legally it has to go to a FFL in your home state to be picked up all transfer and BGC being done and charged for.

    So about a wash as to the cost.
     
  10. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    Marlin 1894 in .44 magnum. Has the crossbolt safety but still pretty old I'm thinking. Gave it to my dad to hold aprox. 15 years ago and almost forgot all about it.
    Don't know the years but some of these were supposed to be lemons due to sabotaged tooling after a factory move??
    No real sentimental value as my grandpa traded guns like baseball cards! Condition is nearly mint. I never fired it and neither did my Dad.
    Maybe $475.
     
  11. B5Ben

    B5Ben Boise Well-Known Member

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    Buy a cheap case at big 5, a small lock, check it and be done. It will travel with you and will be there when you land. End of story
     
  12. Dreadi

    Dreadi Seattle New Member

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    I've mailed a rifle to myself to Florida in the past and it arrived just fine. It doesn't have to go to an FFL.

    I also regularly fly with a firearm. You need a hard sided locked CONTAINER, it doesn't have to be branded or specifically made for guns case. You need to read the airline's policy and the TSA policy. It's very easy to understand and most of it had been said here already.

    One thing that is not universal is the process at the airport. You must declare that you have a firearm at the ticket counter. "I need to declare a firearm.", is all you have to say to the agent. You may or may not have to open the case at the counter or at a separate TSA counter. Every airport is different.

    If you can break it down into a case that fits in regular luggage, do so. It's just one way to keep interested individuals out of your business.
     
    blackadder and 41Slinger like this.
  13. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    I cant think of any laws broken by taking it home with you on the plane.

    as far as sentimental value, it doesnt matter how many guns your grandfather owned it matters how many of his guns you own. Besides, lever actions are cool.
     
  14. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Thought you could mail yourself a firearm without needing FFL?

    Question I'm asking, not a statement.
     
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  15. BlindedByScience

    BlindedByScience Vancouver WA Well-Known Member

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  16. Hawaiian

    Hawaiian Tigard Oregon Well-Known Member

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    It is my understanding that you can mail your own gun to yourself. It does not need to go through an FFL. Just the same as a gunsmith returning your firearm after working on it. He mails it directly to you. FFL is required when there is a transfer of ownership. That said, probably easiest to buy a cheap hard case and a lock and bring it back with you on the plane.
     
  17. Dreadi

    Dreadi Seattle New Member

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    Yes, you can. Go to any Post Office and if they act like they don't know what you're talking about, have them pull out their book of rules and they will see that it's plain as day how a person can mail a rifle to their self. Or call the main post office in your area and also ask for the reference number or whatever they call it so when you go to your local post office, you can tell them where to look when they act like they don't know.

    I'm telling you all this from my personal experience. In my case it was about $60 to get from coast to coast with insurance, tracking, and a required signature.

    Ok I got out of bed to get my notes. Chapter 601 12.2 of Mailing Standards of the United States Postal Service is what you need to refer yourself to and anyone asking about rifles and shotgun. Actually, read the whole chapter.

    Back to bed.
     
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  18. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    That's what I thought.

    That's why you don't have somebody else ship your firearm to you when you arrive to your destination.

    Drop it in the mail then catch your flight. When it arrives at your house to you... From you..

    There was a thread not long ago about a man going hunting in Montana and needs his rifles. After the dust settled around here it was suggested he should have shipped them prior to his departure. Even if his wife shipped them to him in MT that's considered a transfer from one person to another interstate.

    I could be wrong though.

    Does this help?
    https://www.atf.gov/file/61721/download
     
  19. Sodbuster

    Sodbuster Beaverton, OR Chief Cook/Bottle Washer

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    A Marlin made 15 years ago is long before Remington bought them out and moved the factory. What you have there is a wonderful lever action. Enjoy it and shoot it! (after cleaning and oiling first natch)

    Sodbuster.
     
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  20. oknow

    oknow amboy wa. Well-Known Member

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    It will also help if you have a copy of the tsa rules with you. (Some of those jack wagons don't know squat about their own rules)