Guide to the
Interstate Transportation of Firearms
Traveling with Guns in America
INTRODUCTION
The following is a citizen's guide to legal transportation of
personally-owned firearms for hunting, competitive shooting,
vacationing, and changing residence between states.
Federal law does not restrict individuals (except convicted felons,
persons under indictment for felonies, mental defectives or
incompetents, illegal users of controlled drugs, illegal aliens,
veterans dishonorably discharged, those who have renounced their U.S.
citizenship, fugitives from justice, persons convicted of a
misdemeanor crime of domestic violence, and persons subject to
domestic violence restraining orders) from transporting firearms
across state lines. Thus there is no federal interstate
transportation permit for firearms.
Many states have laws governing the transportation of firearms. Also,
many cities and localities have ordinances restricting their
transportation. Travelers must be aware of these laws and comply with
the legal requirements in each jurisdiction. There is no uniform
state transportation procedure for firearms.
FEDERAL LAW ON TRANSPORTATION OF
FIREARMS
A provision of federal law serves as a defense to state or local laws
which would prohibit the passage of persons with firearms in
interstate travel.
Notwithstanding any state or local law, a person shall be entitled to
transport a firearm from any place where he may lawfully possess and
transport such firearm to any other place where he may lawfully
possess and transport such firearm if the firearm is unloaded and in
the trunk. In vehicles without a trunk, the unloaded firearm shall be
in a locked container other then the glove compartment or console.
Necessary stops, e.g., gasoline and rest, seem permissible.
CARRYING ON OR ABOUT THE PERSON
It must be stressed that as soon as any firearm -- handgun, rifle,
or shotgun -- is carried on or about the person, or placed in a
vehicle where it is readily accessible, state and local firearms laws
dealing with carrying come into play. If you seek to transport
firearms in such a manner, it is advisable that you determine what
the law is by contacting the Attorney General's office in each state
through which you may travel or by reviewing an NRA State Firearms
Law Digest. You should determine whether a permit is needed and how
to obtain one if available. While many states require a permit for
this type of carrying, most will not issue such permits to
nonresidents, and others prohibit such carrying altogether.
TRANSPORTATION BY MOTOR VEHICLE
In most states, personally-owned firearms may be transported legalIy
if they are unloaded, cased, and locked in the automobile trunk. As
an additional precaution, firearms may be disassembled and separated
from ammunition.
The exceptions to this rule deal mainly with interstate
transportation of handguns. The myriad and conflicting legal
requirements for firearm transportation through the states make
caution the key for travelers.
If you travel with a trailer or camper that is hauled by an
automobile, it is advisable to transport the firearms unloaded, cased
and locked in the automobile trunk. If your vehicle is of the type in
which driving and living spaces are not separated, the problem
becomes one of access. If the firearm -- handgun, rifle or
shotgun -- is carried on or about the person, or placed in the
camper where it is readily accessible to the driver or any passenger,
state and local laws dealing with concealed carrying of firearms may
come into play. It is suggested, therefore, that the firearm be
transported unloaded, cased, and placed in a locked rear compartment
of the camper or mobile home, inaccessible to the driver or
passenger.
Once you reach your destination, the state or, in some areas,
municipal law, will control the ownership, possession and
transportation of your firearms.
NOTE: Generally, when a mobile home is readily mobile, i.e., when one
can simply start its engine or the engine of its towing vehicle and
drive away -- even if it is capable of being used as a
home -- mobile home is considered a vehicle. If a mobile home is not
mobile, i.e., it does not have an engine, or is not attached to a
towing vehicle, and is on blocks, permanently connected to utilities,
it is considered a house, not a vehicle.
JURISDICTIONS WITH SPECIAL RULES
ARKANSAS -- A license to carry a firearm concealed, issued to
a nonresident by another state, shall be honored if such state
provides a reciprocal privilege.
CALIFORNIA -- Travelers to California beware. Before entering
the state, a California permit and registration may first need to be
obtained for specified semi-automatic rifles, specified
semi-automatic pistols, specified shotguns, and any other firearm
which is an "assault weapon." Contact the California Dept. of Justice
in Sacramento for additional infor-mation at (916) 227-3703.
CONNECTICUT -- A permit is required to carry a handgun in a
vehicle. Nonresidents may carry a handgun in or through the state for
the purpose of taking part in a firearms competition or an exhibition
provided they are residents of the U.S. and have valid
permits-to-carry issued by any other state or locality. No permit is
required when changing residences, provided the handgun is unloaded
and cased or securely wrapped. An "assault weapon" is any
selective-fire firearm capable of fully automatic, semi- automatic or
burst fire at the option of the user, or any one of over 5 dozen
specified semi-automatics. A person who has been issued a Connecticut
certificate of possession of an assault weapon may possess it only
under certain conditions.
FLORIDA -- This state issues a non-resident concealed carry
permit. Contact the Department of State, Division of Licensing: (850)
488-5381.
GEORGIA -- A license to carry a firearm concealed issued to a
nonresident by another state shall be honored if such state provides
reciprocal privilege.
HAWAII -- Registration is required of all firearms and
ammunition with the county chief of police within 72 hours of arrival
on the islands. Rifles or shotguns may be transported for target
shooting at a range or hunting provided they are unloaded and cased
or securely wrapped. If they are transported for hunting, a valid
state hunting license must be procured. Handgun transportation is
limited to one's place of sojourn or between the place of sojourn and
a target range or going to or from a place of hunting. The handgun
must be unloaded and securely wrapped or cased.
IDAHO -- A license to carry a firearm concealed issued
to a nonresident by another state shall be honored.
ILLINOIS -- A nonresident is permitted to transport a firearm
provided it is unloaded, enclosed in a case, and not easily
accessible. A nonresident may possess an operable firearm for
licensed hunting, or at a Department of Law Enforcement recognized
target shooting range or gun show.
The City of Chicago requires all firearms possessed in the city to be
registered. Handguns not previously timely registered in Chicago
cannot be registered. Oak Park, Evanston, Morton Grove, Highland
Park, Wilmette and Winnetka prohibit the possession of a handgun.
Firearms may be transported under the general rule through Chicago
for a lawful recreational firearm-related activity.
INDIANA AND MICHIGAN -- Both states require a carrying permit
to transport a hand gun in a vehicle. Nonresidents are ineligible for
permits; however, both states recognize carrying permits from other
states. Exempt from the Michigan permit requirements are hunters with
valid Michigan hunting licenses, and individuals with proof of
membership in an organization with handgun shooting range facilities
in the state, provided the handguns are unloaded and in a container
and locked in the trunk or storage area of the vehicle. Both Indiana
and Michigan exempt transportation of unloaded handguns during a
change of residence. In Michigan, the handgun must be in a container.
In Indiana, it must be securely wrapped. In both states, the handgun
must be in the trunk or storage area of the car.
KENTUCKY -- A license to carry a firearm concealed, issued to
a nonresident by another state, shall be honored if such state
provides reciprocal privilege.
MAINE -- A nonresident concealed carry permit may be obtained
from the Chief of State Police.
MARYLAND -- The unlicensed transportation of handguns in
vehicles is prohibited, except for a variety of lawful purposes,
including target shooting. A handgun must be transported unloaded and
in an enclosed case or holster with a strap.
MASSACHUSETTS -- Nonresidents are allowed to bring
personally-owned handguns into the Commonwealth for competition,
exhibition or hunting. If the handgun is for hunting, a valid hunting
license must be procured. Furthermore, the handgun owner must have a
valid carrying permit from another state and that state's permit
requirements must be the same as in Massachusetts. A person who does
not meet these requirements must obtain a temporary handgun permit
from the Dept. of Public Safety, 1010 Commonwealth Ave., Boston, MA
02215.
A nonresident may transport rifles and shotguns into or through
Massachusetts if the guns are unloaded, cased and locked in the trunk
of a vehicle.
A nonresident may physically possess an operable rifle or shotgun
while hunting with a Massachusetts license, while on a firing range,
while at a gun show, or if the nonresident has a permit to possess
any firearm in his home state.
A special caution, however, is in order. Massachusetts has enacted
one of the most restrictive gun laws in the nation, imposing a
mandatory one year jail sentence for anyone illegally possessing a
firearm, loaded or unloaded, "on his person or under his control in a
vehicle." In all cases, all firearms must be transported as
prescribed in the general rule.
BOSTON -- Under a vague law, it is unlawful to possess,
display, transfer or receive any shotgun with a capacity exceeding 6
rounds; a semi-automatic rifle with a magazine exceeding 10 rounds;
any SKS, AK47, Uzi, AR-15, Steyr AUG, FN-FAL, or FN-FNC rifle; any
semi-automatic pistol which is a modification of a proscribed rifle
or shotgun; and any magazine or belt which holds more than 10 rounds.
An "assault weapons roster board" may add additional firearms to the
list of "assault weapons." For owners to continue possession of such
firearms, a license/registration must have been obtained from the
Boston Police Commissioner within 90 days of the effective date of
the law (12/ 9/89) or within 90 days of the addition of a firearm to
a roster of "assault weapons." Otherwise a license/registration
cannot be obtained.
The provision shall not apply to possession by nonresidents of Boston
at a sporting or shooting club, by one with a Massachusetts license
to carry a pistol, or while taking part in competition or at a
collectors' exhibit or meeting or traveling to or from such event or
while in transit through Boston for the purpose of hunting by
licensed hunters, provided that in all cases the "assault weapon" is
unloaded and packaged and the person has a Massachusetts firearm
identification card or has a license or permit to carry or possess
firearms issued by another state.
MISSISSIPPI -- A license to carry a firearm concealed, issued
to a nonresident by another state, shall be honored if such state
provides a reciprocal privilege.
MISSOURI -- Allows carrying a firearm concealed while
traveling in a continuous journey peaceably through the state.
NEW HAMPSHIRE -- A license to carry a firearm concealed,
issued to a nonresident by another state, shall be honored if such
state provides a reciprocal privilege.
NEW JERSEY -- Firearms are not permitted to be transported
through the state unless the owner possesses a Firearms
Identification Card. Exceptions to this prohibition are: a person
traveling to and from a target range or to and from hunting, provided
the individual has obtained a valid state hunting license, and
"between one place of business or residence and another when moving."
In any event, the general rule should be followed.
New Jersey lists more than four dozen specified firearms as being
"assault firearms." An assault firearm is any semi-automatic rifle
with a fixed magazine capacity exceeding 15 rounds, and any semi-
automatic shotgun with either a magazine capacity exceeding 6 rounds,
an accentuated pistol grip, or a folding stock. Such firearms require
registration and a New Jersey license to possess. Any ammunition
magazine capable of holding more than 15 rounds may only be possessed
for a registered and licensed "assault firearm."
NEW YORK -- The transportation of handguns is prohibited
except by a resident with a license to carry.
A member or coach of an accredited college or university target
pistol team may transport a handgun into or through New York to
participate in a collegiate, Olympic or target pistol shooting
competition provided that the handgun is unloaded and carried in a
separate locked container.
Nonresident target shooters may enter or pass through New York State
with handguns for purposes of any NRA approved competition if the
competitor has in his possession a copy of the match program, proof
of entry and a pistol license from his state of residence. The
handgun must be unloaded and transported in a fully opaque
container.
New York State has strict laws governing illegal possession of
handguns which can result in a possible seven year jail sentence for
offenders.
A special caution: New York law presumes that an individual stopped
in possession of five or more handguns, without a state permit,
possesses the handguns for illegal sale, thus subjecting this person
to an increased sentence.
New York is the only state in the Union which prohibits the
transportation of handguns without a license. Law-abiding citizens
should therefore be particularly careful since they face severe
consequences should they inadvertently violate the state's myriad,
technical, anti-gun provisions.
NEW YORK CITY -- A city permit is required for possession and
transportation of handguns and long guns. New York State handgun
permits are invalid within the city limits; however, New York State
residents may transport their licensed handguns unloaded through the
city if these are locked in a container and the trip is continuous.
Long guns may be kept in the city for only 24 hours while in transit
and must be unloaded and stored in a locked container or vehicle
trunk for the period.
New York City forbids possession of an "assault weapon," which
includes various specified semi- automatic rifles and shotguns, or
revolving cylinder shotguns. It is unlawful to possess an "ammunition
feeding device" capable of holding more than 17 rounds in a handgun,
or more than 5 rounds in a rifle or shotgun.
In all cases, the general rule should be observed. The New York State
law on illegal possession applies to the city as well.
OHIO -- Caution. Some units of local government,
e.g., Brooklyn, Cincinnati, Cleveland, Columbus, and Dayton, forbid
the possession of certain semi-automatic firearms and specified
shotguns.
OKLAHOMA -- A license to carry a firearm concealed issued to
a nonresident by another state shall be honored if it has similar
requirements to that of Oklahoma.
PENNSYLVANIA -- A permit is required to carry a handgun in a
vehicle. Permits are available to nonresidents and may be obtained
from any county sheriff or chief of police in the major cities. An
unloaded, securely wrapped handgun may be carried without a license
when changing residences, when going to or from target practice, or
to or from one's home to a vacation or recreational home.
RHODE ISLAND -- A permit is required to transport a handgun.
There are three exceptions to this requirement: (1 ) A person
licensed to carry in another state may transport a handgun during an
uninterrupted journey across the state; (2) A person may carry
without a permit an unloaded, securely wrapped, and, if possible,
broken down handgun to and from a target range; or (3) An individual
can transport a handgun, under the previous conditions, without a
permit during a change of residence.
SOUTH CAROLINA -- A valid out-of-state permit to carry
concealable weapons held by a resident of a reciprocal state must be
honored.
TENNESSEE -- A handgun permit or license issued in another
state shall be valid in this state according to its terms if the
licensing state provides a reciprocal privilege. The Commissioner of
Safety shall be the sole judge of whether the eligibility
requirements in another state are substantially similar to the
requirements in this state.
TEXAS -- A nonresident can apply for a concealed handgun
license, if licensed in his/her home state, home state's licensing
requirements are as rigorous as in Texas and home state allows a
person with a Texas license to apply for a license.
VERMONT -- Respects your right to lawfully carry a concealed
weapon without a permit.
VIRGINIA -- The Attorney General may enter into reciprocity
agreements with other states providing for the mutual recognition of
each state's licensing system.
WEST VIRGINIA -- A license to carry a firearm concealed,
issued to a nonresident by another state, shall be honored if such
state provides reciprocal privilege.
WYOMING -- A license to carry a firearm concealed, issued to
a nonresident by another state, shall be honored.
WASHINGTON, D. C. -- Transportation of firearms through the
city is not permitted unless the travel is to or from lawful
recreational firearm-related activity. Firearms transported for this
purpose should be carried in accordance with the general rule.
FIREARMS ABOARD AIRCRAFT
Federal law prohibits the carrying of any firearm, concealed
or unconcealed, on or about the person or in carry-on baggage while
aboard an aircraft. Unloaded firearms not accessible to the passenger
while aboard the aircraft are permitted when:
1. The passenger has notified the airline when checking the baggage
that the firearm is in the baggage and that it is unloaded.
2. The baggage in which the firearm is carried is locked, and only
the passenger checking the baggage retains a key.
3. The baggage is carried in an area, other than the flight crew
compartment, that is in-accessible to passengers.
FIREARMS ABOARD OTHER
CARRIERS
Any passenger who owns or legally possesses a firearm being
transported aboard any common or contract carrier for movement with
the passenger in interstate or foreign commerce must deliver the
unloaded firearm into the custody of the pilot, captain, conductor,
or operator of such common or contract carrier for the duration of
the trip. Check with each carrier before your trip to avoid
problems.
Bus companies usually refuse to transport firearms. Trains usually
allow the transportation of encased long guns, if they are
disassembled or the bolt is removed.
NATIONAL AND STATE PARKS
Generally, firearms are prohibited in national parks. If you
are transporting firearms, you must notify the ranger or gate
attendant of this fact on your arrival, and your firearm must be
rendered "inoperable" before you enter the park. The National Park
Service defines "inoperable" to mean unloaded, cased, broken down if
possible, and out of sight. Individuals in possession of an operable
firearm in a national park are subject to arrest. Again, rules in
various state park systems vary, so inquiry should be made concerning
the manner of legal firearms possession in each particular park
system.
NATIONAL FORESTS
National Forests usually follow laws of the state that the forest is
located in.
HUNTERS
In many states, game wardens strictly enforce regulations dealing
with the trans-portation of firearms during hunting season. Some
states prohibit the carrying of uncased long guns in the passenger
compart-ment of a vehicle after dark. For up-to-date information on
these regulations, it is advisable to contact local fish and game
authorities.
CANADA
Canada has very strict laws governing the transport of handguns and
"military type" long-guns. United States citizens may bring
"sporting" rifles and shotguns into Canada. These must be declared to
Customs officials when entering Canada.
Handguns and other "restricted" weapons may be brought into Canada if
a "permit to transport" has first been obtained from Canadian
authorities. The permit is issued by a "local registrar of firearms"
in a province for a limited period of time. The head of the
provincial police can inform you where one is located. Travelers to
Alaska should take note.
More information can be obtained from the Canadian Firearms Centre via the internet at www.cfc-ccaf.gc.ca or by calling the Canadian Firearms Centre information line at 1-800-731-4000. The line operates from 8:30 a.m. to 8:30 p.m. easern standard time.
All firearms must be declared and registered with United States
Customs on form 4457 or any other registration document available for
the purpose of facilitating re-entry into the United States with the
same firearms.
MEXICO
Bringing firearms into Mexico is severely restricted. Mexico allows
bringing 2 sporting rifles or shotguns of an acceptable caliber and
50 rounds for each for hunting. First, a tourist permit must be
obtained from the Mexican Consulate having jurisdiction over the area
where the visitor resides. Mexican immigration officials will place a
firearms stamp on this permit at the point of entry. A certificate of
good conduct issued by the prospective hunter's local police
department, proof of citizenship, a passport, five passport size
photos, a hunting services agreement with the Mexican Secretary of
Urban Development and Ecology(issued by the Mexican Forestry and
Wildlife office), and a military permit (issued by the Military Post
and valid for only 90 days) are all required to be in the hunter's
possession while carrying the firearms. For additional information,
contact the Mexican Embassy or Consular Office.
All firearms must be declared and registered with United States
Customs on form 4457 or any other registration document available for
the purpose of facilitating re-entry into the United States with the
same firearms.
CONCLUSION
Common sense and caution are important whenever you are
traveling with firearms. Prudence in the way in which your firearms
are packed and located in your vehicle are important factors in your
compliance with the law.
It should also be remembered that you have constitutional protections
both against unreasonable searches and seizures and against compelled
self-incrimination. Although the authorities may search anywhere
within your reach without a search warrant after a valid stop, they
may not open and search closed luggage without probable cause to
believe evidence of a crime will be found, particularly when it is in
a locked storage area or trunk of a vehicle, unless you consent. You
have a right not to consent. Furthermore, although you may be
required to produce a driver's license, vehicle registration, and,
perhaps, proof of automobile insurance, you have a right to remain
silent.
There is no substitute, however, for scrupulous compliance with every
requirement of the law in the state or locality through which you are
traveling.
