Federal law does not restrict individuals (except convicted felons; persons under indictment for felonies; adjudicated “mental defectives” or those who have been involuntarily committed to mental institutions; illegal drug users; illegal aliens and most nonimmigrant aliens; dishonorably discharged veterans; those who have renounced their U.S. citizenship; fugitives from justice; persons convicted of misdemeanor crimes of domestic violence; and persons subject to domestic violence restraining orders) from transporting legally acquired firearms across state lines for lawful purposes. Therefore, no federal permit is required (or available) for the interstate transportation of firearms.
Many states and localities have laws governing the transportation of firearms. Travelers must be aware of these laws and comply with legal requirements in each jurisdiction. There is no uniform state transportation procedure for firearms. If in doubt, a traveler should carry firearms unloaded, locked in a case, and stored in an area (such as a trunk or attached toolbox) where they are inaccessible from a vehicle’s passenger compartment and not visible from outside the vehicle. Any ammunition should be stored in a separate locked container.
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Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.
Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest. The U.S. Court of Appeals for the Third Circuit has also recently held that FOPA’s protections only apply while the firearm is not readily accessible to the traveler, and that a firearm is readily accessible during a hotel stay.
