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Does FOPA cover NFA firearms?


DGinGA
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The Firearms Owners Protection Act (FOPA) was enacted in the 1980's to stop traveling gun owners from prosecution for violating state or local laws between home and destination states. In theory, if one is driving from New Hampshire to Florida with a pistol and is stopped and car searched in New York City, he can't be prosecuted for unlicensed gun possession (but can be arrested, booked, and jailed).

My question: would this apply to NFA registered machine guns or SBR's, etc? The catch is that FOPA is a defense to prosecution, not all the preceding steps. Gun owners in gun-hostile states have been arrested, indicted, and held as long as legally allowed without being prosecuted.

I have no intention to experiment with this, but if I drove from Georgia to Arizona with an MG, who knows what counties or cities have anti-MG laws? Any legal experts out there?

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I assume you're non-sot. Yes it does offer protection such as it is. Make sure you comply with the no hang out provisions of the law. If NFA, make sure you have a valid 5320 with you.

 

Bob D

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NY and NJ will haul you to jail and make you prove you were legal. I brought a 1917A1 back from Bob's location in VT a few years ago and I can tell you it was quite a relief to see those "Welcome to Pennsylvania" signs when leaving NY. After that it was clear sailing back to MS.

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I assume you're non-sot. Yes it does offer protection such as it is. Make sure you comply with the no hang out provisions of the law. If NFA, make sure you have a valid 5320 with you.

 

Bob D

 

Or, as I understand it, your valid, current 03 FFL if the gun is specifically mentioned in p-5300-11, the atf curio and relics list. Here's the latest online edition:

 

https://www.atf.gov/firearms/docs/undefined/curios-and-relics-list-2018/download

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There is no exemption for NFA in the interstate transport provision of the FOPA - but as others said, assuming state/local LE will comply with the law can be hazardous. It may be a matter of a federal statute not actually being able to nullify a state statute but I wouldn't know.

 

 

That aspect of the FOPA turned out not to be worth the paper it was written on.

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A friend is predicting same thing for the concealed carry reciprocity (assuming it would ever actually pass - was unlikely before, now less than unlikely) and it seems a reasonable guess at the end result.

 

I have suspected the same for some time, NY, NJ, MD and a host of others will simply ignore the Federal law if it is ever passed.

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