[DISCLAIMER: The information contained in this article is for educational purposes only and shall not be construed as legal advice. Be aware of all local, state, and federal laws pertinent to the possession and transportation of firearms.]
Travelling with firearms, particularly when going inter-state, can be an uncertain undertaking for those unfamiliar with the laws or procedures in place for transporting firearms. Whether you plan to fly or drive, knowing the legal requirements for transporting firearms is step one in preparing for your journey.
DRIVING:
The overarching legal framework for transporting a firearm interstate by car is the Firearms Owner Protection Act of 1986, sometimes referred to as FOPA. The FOPA contains a “safe passage” clause outlined in 18 U.S.C. § 926A. Generally speaking, the safe passage clause states that persons who are legally allowed to own firearms (not prohibited possessors under federal law) may transport a firearm from one state to another as long as they are legally allowed to possess the firearm in both the origin and destination states. Legal owners are afforded basic legal protection in transit, even through states with more restrictive state or local laws.
This protection does require that the firearm is transported unloaded, in a locked container not accessible by the driver. The locked container provision can be complied with in a couple of different ways. First off, the glove box and console don’t count, even if they lock, since both are within arm’s reach of the driver. If your vehicle has a separate trunk, you may store the firearm(s) in there. However, if driving something like an SUV or station wagon where the “trunk” is part of the passenger compartment, a dedicated locked container is required. Likewise, ammunition must be stored separately from the firearm. The easiest way to ensure compliance is to have two separate locked, hard-sided cases: a gun case, and a box for ammunition, each one with its own lock built in or applied to it (like a pad lock or combo lock).
While short stops for food and fuel are generally allowed, longer stays in an “in-between” state may not be covered by FOPA. It should be noted that FOPA does not, in any case, cover the use of firearms (for defensive or other purposes) while in transit.
For reference, the actual text of the safe passage clause reads as follows:
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.
FLYING :
Flying with firearms requires compliance with two separate sets of guidelines: federal law and airline policy. But the basics are pretty universal:
- Neither firearms nor ammunition are allowed in carry-on luggage. They must be checked.
- Firearms must be in a locked, hard-sided container that is not easily accessible. Rifle cases must have at least one lock on each end. It should be noted that airline check-in personnel will sometimes “test” your case by unlatching it and trying to access your firearm with the locks in place. If they can pry one end of the case open far enough to touch the firearm or fit a hand in, you will be required to apply additional locks to prevent this. The test is somewhat subjective, and each airline is a little different, but it’s good to try this test at home before you leave for the airport.
- According to the TSA website “Small arms ammunition (up to .75 caliber and shotgun shells of any gauge) must be packaged in a fiber (such as cardboard), wood, plastic, or metal box specifically designed to carry ammunition and declared to your airline.” The factory packaging is acceptable and can be stored in the same locked, hard-sided case as your firearm, but you may not pack loaded magazines as a way to store ammunition.
- As a general rule, you may not check more than 11 pounds of ammunition, but this may vary depending on airline policy.
- Firearms and ammunition must be declared to ticket agents at check-in.
- Each airport has slightly different TSA screening procedures. Some airports may escort you directly to a TSA agent or Law Enforcement Officer who will inspect your firearms cases. Others may simple ask you to wait around the check-in area for several minutes in case there are any questions while your bags are screened elsewhere.
- Both the TSA and many individual airlines have sections on their websites dedicated to outlining the policies around flying with firearms. The most important things for individual travelers are to:
- Ensure there are no firearms or ammunition in carry-on baggage
- Triple-check that all packed firearms and any spare magazines are all unloaded
- Have a proper hard-sided gun case with enough locks to prevent access to the firearm/ammunition, even if the case is unlatched.
CONCLUSION:
People travel with firearms, by vehicle and air, all the time with no incident. Open-source research will provide most of the education you need in order to comply with all relevant laws and policies. If questions remain, don’t hesitate to contact the governing bodies involved – like the TSA, Airline, or State Police Agencies of states you may be driving through.
Transporting Firearms Regulations according to TSA
OTHER BLOGS YOU WILL FIND OF INTEREST:
CLASSES YOU MAY BE INTERESTED IN:
- MN Multi-State Permit to Carry in Chanhassen and Eagan
- Travel Security and Safety in Chanhassen and Eagan
