If you plan to transport your personal firearms from one state
to another then there are guidelines you should follow and restrictions you
should be aware of before embarking on your travels. There are federal laws in
place protecting the rights of firearm owners to transport their personal
weapons across state lines, but federal provisions only reach so far,
especially when state and federal levels of training can vary when it comes to
the lawful transportation of firearms.
To best prepare and educate yourself on the legal process of
transportation, we advise you to review your local gun laws as well as the
destination state's gun policies as well as any restrictive jurisdictions that
may exist in between.
Individual Laws
Individuals who cannot legally carry firearms across state lines
include convicted or indicted felons, illegal drug users, individuals
involuntarily committed to mental institutes, illegal aliens, veterans who have
been dishonorably discharged, non U.S. citizens and fugitives, as well as any
individual convicted of crimes of domestic violence or those subject to
domestic violence restraining orders.
All other individuals are legally allowed to own and transport
their personal weapon in accordance with the federal law referred to as FOPA,
or the Firearms Owners’ Protection Act. This provision of federal law gives
protection to citizens who wish to transport their personal firearms through
otherwise restrictive areas of certain states in order to travel from a place
they have the right to possess and carry a firearm to a place that also allows
them the right to possess and carry a firearm.
State Laws
Every state is different concerning laws and regulations on
firearms both on a person and inside a vehicle. Crossing state lines can cause
plenty of problems for uneducated firearm owners; you can be driving through
one state with your weapon properly stowed according to their laws of firearm
transportation, but the second you cross state lines you can find yourself in
offense of the latter states laws. The best way to educate yourself on the laws
of the state you reside in and the state that is your destination is to check
out the gun laws for
your rights to bear arms and print out and relevant information to have on
hand.
Any person traveling with a firearm through areas with
restrictive laws on the transportation of firearms regardless of the federal
provisions in place should take precaution and prepare copies to have on hand
of the following documents; all applicable firearm licenses and permits for
individuals traveling in the vehicle, the official publications that document
provisions of law in both restrictive jurisdictions and the state you’re
traveling from and to, a copy of the federal law FOPA (Firearms Owners’
Protection Act), along with any pertinent reciprocity information.
Provisions to Remember
·
Proper Storage - According
to FOPA the firearm must be unloaded, all ammunition should be locked out of
reach in a container or trunk but not the glove compartment or console, and the
firearm should be stowed out of reach in a locked container. The firearm must
be in a place that is inaccessible from a vehicle’s passenger compartment and
not visible from outside the vehicle.
·
Personal Carry - If you
wish to carry while you are traveling you must first educate yourself with the
conceal carry laws of each jurisdiction you intend to carry in. The best way to
identify the laws and regulations is to visit the Concealed Carry
Reciprocity Guide and identify the stops along your trip. Be sure to print
out any pertinent information to have on hand during your travels.
·
National, State Parks and
Wildlife Refuges - If you plan to cross through any
Wildlife Refuges or National and State Parks then you should be aware that a
federal law is in place to prohibit the possession of all firearms in “federal
facilities.” As you can imagine, this federal law is a blanket of protection
for almost any area staffed with federal employees, indoor or out. But because
of an individuals right to transport a firearm there National Park Service has
implemented a system that requires all prohibited locations within National
Parks to be posted with signs to indicate the ban of all firearms in that area.
Transporting via Commercial Aircraft
Every commercial airline and air carrier has their own specific
set of rules for transporting a firearm via aircraft. It is wise to check well
before hand what the requirements are for your specific airline and the steps
you need to take to lawfully transport your firearm from one state to another.
The rule of thumb for most airlines are the following: The passenger
immediately notifies the airline when checking their bags that their baggage
contains a firearm which is unloaded and stored in a locked, hard sided container without ammunition inside,
the passenger must have the key to opening the locked container, and that the
firearm is then stowed in an area completely separate from other passengers and
all flight crew.
Be prepared for the airline to ask you to open the locked gun
case so they may check that everything meets their safety requirements. Since
flying on a commercial aircraft can already be a hectic process, adding a
firearm to the mix might only complicate things, so in order to avoid any delay
in travel make sure you've printed off copies of the regulations for the
airline you're traveling with and the general TSA laws concerning firearm transportation via
commercial aircraft.
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