Traveling with a sidearm


Desertscorpion1

GLCM Warrior
Ok, I'm planning a trip this summer accross the United States through several states. I do not have my CCW yet and will not before the trip, so I know the sidearm has to be transported. I suspect if it is inside a case, with a trigger lock and no ammo is located in the weapon it can be transported in my vehicle as long as it is not within reach of my person while driving. Am I correct? If not can someone enlighten me as to what the rules are for taking my sidearm with me throughout the US when I do not have a CCW permit or license. I would like to take it back east so my brothers and I can share the experience of my new sidearm.
 

NavyLCDR

New member
Ok, I'm planning a trip this summer accross the United States through several states. I do not have my CCW yet and will not before the trip, so I know the sidearm has to be transported. I suspect if it is inside a case, with a trigger lock and no ammo is located in the weapon it can be transported in my vehicle as long as it is not within reach of my person while driving. Am I correct? If not can someone enlighten me as to what the rules are for taking my sidearm with me throughout the US when I do not have a CCW permit or license. I would like to take it back east so my brothers and I can share the experience of my new sidearm.

18 USC 926a:
Link Removed

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.
 

.45acp

New member
Check the Laws of the Individual States

Hi DesertScorpion,

I would check the laws of the individal states you will be traveling through, you will find some that you can carry in your vehical "Locked and Loaded and Concealed (like Utah):biggrin:" or "Locked and Loaded and Open or Visiable" and some will be open unloaded no ammo or locked up ammo seperate.

You really need to look at each state you'll be traveling thru. I would be especailly concerned traveling on the East Coast, there are a number of states that are very restrictive, especially when it comes to handguns.

Good luck and safe travels.

Steve
 

rayven

New member
There is a federal law called the "Firearm Owners Protection Act" which has a bunch of regulations and stuff in it. One of which pertains to your situation.

The one that concerns you is the "safe passage" provision. This provision basically states that if you are traveling with a firearm, you are legally allowed to pass through ANY state if:

1) You are legally allowed to posses a gun in the area you started from.
2) You are legally allowed to posses a gun in the area you are going to end up at.
3) The gun is unloaded, ammunition separate, and in a locked container away from the driver's compartment.
4) You do not stop in the "illegal" state for more than the usual trip reasons: gas, food, etc.

So I, living in Pennsylvania (and legally allowed to posses a gun) could transport my weapon through New Jersey and New York (both illegal to posses for me) if I were going to somewhere like New Hampshire (legal again), provided I follow the regulations above.

Here's a Wikipedia link for you, but feel free to do your own research on this.

Firearm Owners Protection Act - Wikipedia, the free encyclopedia
 

NavyLCDR

New member
There is a federal law called the "Firearm Owners Protection Act" which has a bunch of regulations and stuff in it. One of which pertains to your situation.

The one that concerns you is the "safe passage" provision. This provision basically states that if you are traveling with a firearm, you are legally allowed to pass through ANY state if:

1) You are legally allowed to posses a gun in the area you started from.
2) You are legally allowed to posses a gun in the area you are going to end up at.
3) The gun is unloaded, ammunition separate, and in a locked container away from the driver's compartment.
4) You do not stop in the "illegal" state for more than the usual trip reasons: gas, food, etc.

The law requires the ammo to be separated from the occupants of the vehicle, NOT from the firearm(s).
 

rayven

New member
The law requires the ammo to be separated from the occupants of the vehicle, NOT
from the firearm(s).

That's actually what I meant. I just wrote a bad sentence.

In short, travel anywhere and lock your unloaded guns in the truck with the ammo in the truck as well and you aren't violating any laws.
 

NavyLCDR

New member
That's actually what I meant. I just wrote a bad sentence.

In short, travel anywhere and lock your unloaded guns in the truck with the ammo in the truck as well and you aren't violating any laws.

Trunk. Not truck. IN the truck might get a person into trouble. In the trunk won't. :pleasantry:
 
M

markie1949

Guest
I do not have a Canceled Permit yet. Can I carry a loaded gun in my car close to me for protection from Nevada to Montana for security reasons?
 

Invisible_Dave

New member
Canceled permits are a problem. :sarcastic: You can look here and www.handgunlaws.us for a good start on info regarding transport laws.

On Edit: I almost never give concrete answers on laws like this because 1) there are many variables 2) I'm not a lawyer 3) you need to understand the law if a LEO calls you on it. Even good cops don't always REALLY know the laws regarding transport. I suggest you read, know, and understand the law before going beyond what'd outlines in the transportation act sited above.
 

rayven

New member
Canceled permits are a problem. :sarcastic: You can look here and www.handgunlaws.us for a good start on info regarding transport laws.

On Edit: I almost never give concrete answers on laws like this because 1) there are many variables 2) I'm not a lawyer 3) you need to understand the law if a LEO calls you on it. Even good cops don't always REALLY know the laws regarding transport. I suggest you read, know, and understand the law before going beyond what'd outlines in the transportation act sited above.

I'd go one better and say that in cases of transport, you're better off in knowing both the federal gun laws, all state laws that you'd be passing through, and most importantly, the laws that protect you from the police.

Keep in mind that you never, ever have to say anything to a cop. They also can't search your vehicle unless they either have a warrant or probable cause.

"I respectfully decline to answer any of your questions officer." is a good phrase to know.

But in the end, know the law better than the cop and almost 100% of the time, you won't have a problem.
 

kbv

New member
I recently investigated taking my .45 on an airplane, and it's not only doable, it's common. Call your airline or airportS (round-trip airports may have different standards) for complete details, as some are tougher than others.
 
Last edited:
The law requires the ammo to be separated from the occupants of the vehicle, NOT from the firearm(s).

Here in PRHI the ammunition needs to be seperate from the firearm (as in no loaded magazine in the same case). You can have a cased firearm (unloaded) and the ammo in the same shooting bag, just don't have a loaded magazine in the same case as the firearm.



gf
 

NavyLCDR

New member
Here in PRHI the ammunition needs to be seperate from the firearm (as in no loaded magazine in the same case). You can have a cased firearm (unloaded) and the ammo in the same shooting bag, just don't have a loaded magazine in the same case as the firearm.



gf

I was referring to the requirement of FOPA, the interstate transportation protection law, but it's kind of hard to transport a firearm THROUGH PRHI in interstate transportation :biggrin:
 

SlowDog

Patriot
As per the lead council of the NRA it is called "Carry Through" It pertains to the carry of a legally owned weapon across state lines and through states even ones where such weapons are considered illegal. One must carry weapon in trunk seperate from ammo or if no trunk <like a pick up> then in passenger compartment but not easily accessible. I carry both in my semi all the time across US and have to abide by different state laws when it comes to CC/OC. When I go hunting I use my truck for transportation because it is always way better to be paid to go hunting then to pay for it yourself.....just sayin....
 

NavyLCDR

New member
As per the lead council of the NRA it is called "Carry Through" It pertains to the carry of a legally owned weapon across state lines and through states even ones where such weapons are considered illegal. One must carry weapon in trunk seperate from ammo or if no trunk <like a pick up> then in passenger compartment but not easily accessible. I carry both in my semi all the time across US and have to abide by different state laws when it comes to CC/OC. When I go hunting I use my truck for transportation because it is always way better to be paid to go hunting then to pay for it yourself.....just sayin....

It is not necessary to seperate the gun from the ammo. In fact, if you carry the gun in the trunk and seperate it from the ammo by carrying the ammo anywhere in the passenger compartment, now you are in violation of the Federal law and, therefore, have none of the protection that it affords.
 

Spock

Venerable Sensei
This site and one run by the NRA shows regulations and reciprical agreements for carry permits. Always a good idea to check 'em out before traveling.
 

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