Traveling Across State Lines: What You Need To Know

The right to travel is a constitutionally protected power that allows citizens to move freely between states. This right is not without limits, however, as citizens must abide by the laws of the state they are entering. For example, citizens are allowed to travel across state lines with firearms as long as they are legally allowed to possess them in both the state of origin and the destination state. The transportation of firearms across state lines is governed by federal law, which requires firearms to be unloaded and locked in the trunk of a car, separate from ammunition.

Firearm transportation laws

According to federal law, US citizens are allowed to transport firearms across state lines as long as they are legally allowed to possess the weapons in both the state of origin and the destination state. This is known as the "Safe Passage" provision or 18 U.S.C. § 926A.

However, there are several important conditions and considerations to keep in mind:

• Any firearms or guns being transported must be unloaded and locked in the trunk of the vehicle or in another container that is out of reach and not immediately accessible.
• Ammunition must also be locked in the trunk or another container separate from the firearm. It should not be stored in the glove box or centre console.
• The journey must begin and end in states where the possession of firearms is legal.
• The individual must be "travelling", which means not stopping in one place for "too long". The exact definition of "too long" is not clear, but courts have interpreted it narrowly.
• Some states, such as New York and New Jersey, treat the Safe Passage protection as an affirmative defence rather than a protection from arrest and prosecution. This means that individuals may still be arrested if they are pulled over with firearms in their vehicle, even if they meet all the conditions of the federal statute.
• It is important to be aware of the specific laws and regulations in each state, as they can vary widely. For example, some states have restrictions on the type of firearms or magazine capacity.
• When transporting firearms by air, train, or bus, it is important to follow the policies and procedures of the specific carrier. Generally, firearms must be stored unloaded in a hard-sided case with non-TSA locks and declared to the carrier.
• It is advisable to avoid travelling with firearms through "restrictive states" such as New York, New Jersey, California, Massachusetts, and Illinois, as these states have a reputation for being less gun-friendly.
• If travelling through a restrictive state, it is important to ensure that the firearm is compliant with that state's laws and that the trip does not end in that state.
• National and state parks have specific regulations regarding firearms, and it is important to be aware of these rules before travelling to these areas.
• Some states have "duty to inform" policies, which require individuals to declare that they are armed when approached by a law enforcement officer.

Overall, while it is legal to transport firearms across state lines in the US, it is important to be aware of the specific laws and regulations in each state and to comply with all relevant requirements.

Ammunition laws

Federal Ammunition Law

• Federal law prohibits the sale or transfer of long gun ammunition to anyone under the age of 18 and handgun ammunition to anyone under the age of 21.
• Federal law prohibits the possession of ammunition by convicted felons, controlled substance users, and anyone subject to a domestic violence restraining order, among others. It also prohibits the transfer of ammunition to such persons.
• Federal law strictly regulates armour-piercing handgun bullets.

State Ammunition Laws

• Some states, including Delaware and Illinois, bar the same groups barred by federal law from receiving or possessing ammunition.
• Iowa prohibits people below a certain age from receiving or possessing ammunition.
• Illinois and Massachusetts require people to display a firearm identification card when purchasing ammunition.
• At least 11 states, including Connecticut, ban the sale or possession of armour-piercing bullets.
• At least six states outlaw the sale of large-capacity magazines.
• Some states place age restrictions on ammunition transfers. For example, in Iowa, it is illegal to sell, loan, or give pistol ammunition to anyone under the age of 21 and long-gun ammunition to anyone under the age of 18 without parental consent.
• Some states require a background check when purchasing ammunition.
• Some states ban the possession of magazines with a capacity of more than 10 rounds.
• Some states require a license to purchase ammunition.

Interstate Travel with Ammunition

According to federal law, individuals may legally transport firearms across state lines as long as they can legally possess the weapons in both the state of origin and the destination. However, it is important to comply with any magazine and ammunition restrictions that are in place at the destination. Additionally, firearms and ammunition must be stored out of reach and locked in separate containers in the vehicle during travel.

Concealed carry laws

In the United States, federal law allows citizens to transport firearms across state lines as long as they are legally allowed to possess the weapons in both the state of origin and the destination state. This is known as the "Safe Passage" provision, or 18 U.S.C. § 926A. However, it is important to note that this law only permits travel through states where carrying firearms is illegal, rather than staying in those states.

When travelling across state lines with firearms, there are several requirements that must be met. Firstly, any firearms or ammunition must be unloaded and locked in the trunk of the vehicle or in another container that is out of reach and not immediately accessible. Secondly, the journey must begin and end in states where the possession of firearms is legal. Lastly, the individual must be considered "travelling", which courts have interpreted to mean not staying in one place for "too long".

Some states have reciprocity agreements, where they honour each other's concealed carry permits. This means that a permit holder from one state can carry a concealed weapon in another state as if they had a permit issued by the destination state. However, it is important to note that states are not required to have reciprocity with one another, and the rules and regulations regarding concealed carry may differ between states. For example, Texas license holders can openly carry their handguns, but this is prohibited in Florida. Therefore, it is important to check the local concealed carry laws of each state before travelling with firearms.

Additionally, some states may have restrictions on carrying firearms in vehicles, even if the individual has a valid permit. In such cases, it is best to keep the firearm unloaded, locked, and inaccessible in the vehicle until the specific laws of the state are understood. It is also recommended to avoid stopping in states with strict gun laws, such as California, Hawaii, Massachusetts, New Jersey, and New York.

Reciprocity agreements

There are currently 30 reciprocal agreements across 16 states and the District of Columbia, with Kentucky participating in the most agreements (seven), followed by Michigan and Pennsylvania (six each). At the other end of the spectrum, Iowa, Montana, and New Jersey only have reciprocity with one state each, while 25 states with wage income taxes do not offer such reciprocity to multistate taxpayers.

In addition to income tax reciprocity agreements, states may also have reciprocity agreements regarding other issues, such as vehicle registration requirements. For example, North Dakota has entered into reciprocity agreements with neighbouring states and provinces regarding registration requirements for vehicles travelling into the other jurisdiction.

Search and seizure rights

The Fourth Amendment of the U.S. Constitution protects the right of every American "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". This means that the police cannot search or seize a person or their property without a warrant, unless they have probable cause to do so. Probable cause means a reasonable belief that a crime has been committed, based on evidence or sufficient suspicion. A police officer's hunch is never grounds for probable cause.

In most circumstances, if the police do not show you a valid search warrant, you have the right to respectfully deny a search or seizure of your person or premises. Without a warrant, you have to give your consent to a search.

There are, however, several exceptions to the warrant requirement. For instance, the owner of the property in question may consent to the search. The consent must be voluntary, but there is no clear test to determine whether or not it is; rather, a court will consider the "totality of the circumstances" in assessing whether consent was voluntary. Police officers are not technically required to advise a suspect that they may refuse, however, this policy depends on the specific rules of the department.

Another exception is the "exigent circumstances" exception. "Exigent circumstances" means that the officers must act quickly, usually because they have a reasonable belief that evidence is in imminent danger of being removed or destroyed. Exigent circumstances may also exist where there is a continuing danger or where officers have a reasonable belief that people in need of assistance are present.

The Fourth Amendment does not protect citizens from searches by private security guards, unless they are acting for or with the police.

The rules governing searches and seizures by the police or other law enforcement agents also vary from state to state.

Frequently asked questions