February, 2000

Crufflers are spoiled by the relative ease by which tempted to attend shooting events with their firearms that are in states other than the ones in which they reside.  However, there are many pitfalls for the unaware and unwary citizen when firearms are transported across state lines.  Here, in another installment of "The Cruffler's Guide to Avoiding Enforced Stays at Club Fed" is a reproduction of the NRA-ILA brochure on the interstate transportation of firearms.  Please remember though, that the only people who can give you an a legally authoritive answer on what the law is in a given jurisdiction are judges or prosecutors assigned to that jurisdiction.

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 firearmÐhandgun, rifle, or shotgunÐis 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 firearmÐhandgun, rifle or shotgunÐis 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 awayÐeven if it is capable of being used as a homeÐmobile 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 CAROLINAÐA 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.

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.
 
 

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