The one part of firearm legislation that can get you into trouble is Interstate Transportation of Firearms, in other words, which states allow you to transport firearms across their lines and which do not.
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Lack of knowledge can lead to:
- State prison time and
- A felony record
Having this information under your belt will help you make the right decisions the next time you’re traveling across the country.
- Dos and Don’ts of Interstate Transportation of Firearms?
- A law-abiding citizen legally owning a firearm can transport a firearm(s) across state lines; however, laws can change from state to state.
- According to the NRA, Federal legislation does not prevent the transportation of legally owned firearms, but rather the states’ laws regarding the issue.
- Meaning, driving with a firearm through an open or concealed carry state may not be the same every time.
- The McClure-Volkmer Act of 1986 allows for interstate transportation of firearms, but with some restrictions
- Weapons must be unloaded
- No loaded magazine
- Must be in a gun case
- When a loaded weapon is carried in a vehicle or on the person, federal and local legislation becomes relevant. Contacting the Attorney General’s office in each state to determine the law is advised.
- What is FOPA?
- The Firearms Owners Protection Act allows travelers to cross state lines with a firearm, but there are rules to this.
- Even though FOPA allows for travel across state lines, the owner must legally own the weapon from the state they’re traveling from.
- They must also legally be authorized to carry a firearm into the state they’re traveling to or through.
- How Does FOPA Protect Law-Abiding Citizens?
- A legal gun owner can transport a firearm from place to place, given that the weapon is unloaded and inaccessible to the driver or passenger(s).
- FOPA protects travelers who cross into states with more rigid gun legislation, overriding state and local laws.
- More specifically, FOPA protects through-travel, not destinations. Once someone reaches their destination, state and local laws take precedence.
- Best Practices For Traveling with Firearms
- Keep firearms and magazines unloaded
- Keep firearms in gun case or lockable safe
- In some jurisdictions, keeping the firearm in the trunk or “not readily accessible” is required.
Because the laws on federal and state levels change frequently, we do not advise using this information as total confirmation and advice in transporting firearms across state lines. Please refer to local authorities for information before traveling.
Sources:
- https://www.law.cornell.edu/uscode/text/18/926A
- https://www.nraila.org/articles/20150101/guide-to-the-interstate-transportation
- https://www.defensivestrategies.org/firearms-the-law/interstate-transportation-of-firearms
- https://thefirearmfirm.com/interstate-transportation-of-firearms/
- https://www.congress.gov/bill/99th-congress/senate-bill/49
- https://teakelllaw.com/2021/05/05/transport-or-receipt-of-firearm-with-intent-to-commit-a-felony/
- https://www.hunter-ed.com/national/studyGuide/Safely-Transporting-Firearms/201099_93016/
- https://www.nrafamily.org/articles/2018/3/22/driving-with-guns-how-to
- https://chuckfranklinlaw.com/interstate-travel-with-guns/
- https://www.imove.com/blog/moving-guns-and-ammo-across-state-lines/
- https://www.new-york-lawyers.org/transportation-of-firearms-in-new-york.html