Interstate Transportation of Personally-Owned Firearms



The following is a citizen's guide to legal transportation of

personally-owned firearms for hunting, competitive shooting, vacationing,

and changing residence between states.



Introduction



Federal law does not restrict an individual (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, and fugitives

from justice) 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. In

addition, many cities and localities have ordinances restricting the

transportation of firearms. 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 firearms if the firearm is unloaded and in the trunk. In

vehicles without a trunk, the unloaded firearm shall be in a locked

container other than 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: The General Rule



In most states, personally-owned firearms may be transported legally 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, including handguns, rifles or shotguns, 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 -- a 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



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 semiautomatic pistols, specified

shotguns, and any other firearm which is an ``assault weapon.'' Contact the

California Department of Justice in Sacramento for additional information.



Connecticut---Connecticut requires a permit to carry handguns 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 a valid permit-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.



Hawaii--- Hawaii requires the registration of all firearms and ammunition

with the county chief of police within 48 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, provided it is unloaded

and securely wrapped or cased.



Illinois--- Illinois permits nonresidents to transport a firearm provided

it is unloaded, enclosed in a case, and not easily accessible. Nonresidents

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 handgun 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, or 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.



Maryland--- Maryland prohibits the unlicensed transportation of handguns in

vehicles except for a variety of lawful purposes, including target

shooting. Handguns must be transported unloaded and in an enclosed case or

holster with a strap.



Massachusetts--- Massachusetts allows nonresidents 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. Those persons who do not meet these requirements must

obtain a temporary handgun permit from the Department of Public Safety,

1010 Commonwealth Avenue, Boston, Massachusetts 02215.



Nonresidents 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---In 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, and 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 so-called ``assault

weapons.'' For owners to continue possession of such firearms a

license/registration must be obtained from the Boston Police Commissioner

within 90 days of the effective date of the law (12/9/89) or 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 license or permit to carry

or possess firearms issued by another 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---New Jersey does not permit firearms 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 over 4 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--- New York prohibits the transportation of handguns 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--- New York City requires a city permit 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. Rifles and shotguns may

be kept in the city for only 24 hours while in transit and these must be

unloaded and stored in a locked container or automobile trunk for the

period.



New York City forbids the possession of an ``assault weapon,'' which

includes various specified semi-automatic rifles and shotguns, or revolving

shotgun. It is also unlawful to possess an ``ammunition feeding device''

capable of holding more than 17 rounds in a handgun, and 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.



Oregon--- A concealed handgun permit or license issued by any state that

has requirements substantially comparable to those of Oregon shall be

recognized.



Pennsylvania--- Pennsylvania requires a permit 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.



Rhode Island---Rhode Island requires a permit 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.



Washington, D.C.--- District of Columbia laws prohibit the transportation

of firearms through the city 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.



Other Points to Remember



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 inaccessible 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.



Hunters



Hunters should have a thorough knowledge of the game laws of each state in

which they hunt. In many states, game wardens strictly enforce regulations

dealing with the transportation of firearms during hunting season. Some

states, for instance, prohibit the carrying of uncased long guns in the

passenger compartment of a vehicle after dark. For up-to-date information

on these regulations, it is advisable to contact local fish and game

authorities.



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.



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.



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.



Caution: State firearms laws are subject to frequent change. The above

summary is not to be considered as legal advice or restatement of law. To

determine the applicability of these laws to specific situations which you

may encounter, you are strongly urged to consult a local attorney.



         (c) 1995 NRA Institute for Legislative Action



NL 00910                                 Rev. 4/95 85M

