Traveling With A Rifle: Interstate Laws And Your Rights

Gun laws vary from state to state in the US, and it is important to understand the specific laws in each state before travelling with a firearm. In general, US citizens may legally transport firearms across state lines as long as they are allowed to possess the weapons in both the state of origin and the destination. However, it is important to note that the specific requirements and restrictions may differ depending on the state. For example, some states may require firearms to be unloaded and locked in the trunk of a vehicle, while others may have restrictions on the type of firearm or magazine capacity. Additionally, the process of purchasing a gun across state lines can vary, with some states requiring a Federal Firearms License (FFL) for the paperwork and background check. Understanding the local laws and regulations is crucial to ensure compliance and safety when travelling with firearms.

Federal law allows US citizens to transport firearms across state lines

Secondly, the firearm and ammunition must be stored securely and out of reach. This means that they should be locked in the trunk or anywhere that is not immediately accessible, such as a lockbox. Ammunition must be stored separately and securely, and should not be kept in the glove compartment or centre console.

Thirdly, you must be 'travelling'. Although there is no federal law defining this term, courts have interpreted it to mean that a person must not stop in one place for 'too long'. However, there is ambiguity around how long is considered 'too long'.

It is important to note that federal law does not supersede state law, and each state has its own gun laws that must be adhered to. Therefore, it is essential to research the specific laws of each state you plan to travel through or visit. Some states have reciprocity agreements that recognise out-of-state carry licenses and permits, but this is not guaranteed.

Additionally, when travelling with firearms, it is important to be aware of the varying laws regarding signage, magazine capacity, and open carry. Some states, such as New York and New Jersey, treat the Safe Passage provision as an affirmative defence rather than protection from arrest and prosecution, meaning that you may still be arrested and face court costs if pulled over with firearms.

Furthermore, when purchasing a firearm across state lines, it is typically necessary to go through an FFL (Federal Firearms License) for the paperwork and background check. The process may vary depending on the restrictions of the state where the purchase is made, and it is important to ensure that the firearm complies with local and state laws.

Rifles must be unloaded and locked in the trunk of the vehicle

When travelling with a rifle, it is important to be aware of the specific laws in each state you plan to travel through. Federal law 18 USC § 926A allows US citizens to legally transport firearms across state lines as long as they are allowed to possess the weapons in both the state of origin and the destination. However, this only applies to travelling through states, not to final destinations where it is illegal to carry firearms.

To ensure compliance with the law, rifles 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 be stored separately and securely, also locked in the trunk or another container, not in the glove compartment or centre console.

It is important to note that some states, such as New York and New Jersey, treat the Safe Passage provision as an affirmative defence rather than protection from arrest and prosecution. This means that, even if you are complying with federal law, you may still be arrested and face substantial court costs if pulled over by the police in these states.

Additionally, the term "travelling" is not clearly defined in federal law. Courts have interpreted it to mean that a person must not stop in one place for "too long", but the exact duration of what is considered "too long" is unclear. In one case, a man was convicted for illegal possession of firearms after stopping for a brief nap in New Jersey while travelling from Maine to Texas. Therefore, it is advisable to travel through states that are not firearm-friendly as quickly as possible and avoid stopping for extended periods of time.

Safe Passage protection may not prevent arrest in certain states

Safe Passage protection, or the Firearm Owners Protection Act (FOPA), allows US citizens to legally transport firearms across state lines in their vehicles, as long as they meet certain conditions. However, this protection does not guarantee that an individual will not be arrested or prosecuted in certain states.

The Safe Passage provision is a defence that can be raised in court after an arrest, but it does not prevent an arrest from being made in the first place. This means that even if an individual meets all the requirements of the federal Safe Passage statute, they may still be arrested and face substantial court costs and inconvenience.

In some states, such as New York and New Jersey, Safe Passage protection is treated as an affirmative defence rather than a protection from arrest and prosecution. This means that police in these states may still arrest individuals for transporting firearms, even if they are complying with the Safe Passage requirements.

To avoid potential legal issues, it is important for individuals to familiarise themselves with the gun laws in each state they plan to travel through and to their destination. This includes understanding the specific requirements for transporting firearms, such as ensuring that firearms are unloaded and locked in the trunk of a vehicle or in another inaccessible location.

Additionally, individuals should be aware that the term "travelling" is not defined in federal law, and courts have interpreted it narrowly. This means that stopping for too long in a state that does not recognise Safe Passage protection may result in an arrest and prosecution.

You can buy a gun from another state if it's legal in your state

In the United States, federal law allows citizens to buy a gun from another state, as long as the gun is legal in their home state. However, there are specific procedures to follow to ensure the transaction is legal.

Firstly, it is important to note that you cannot simply take possession of a firearm in another state and bring it back to your home state. The seller must deliver the firearm to a Federal Firearms License (FFL) dealer in your home state. This is a licensed gun dealer who will facilitate the transaction and perform the necessary background checks.

When purchasing a gun from another state, you will need to select the gun you want from an out-of-state dealer and provide them with the information of your local FFL shop. The dealer will then process your payment and ship the gun to the FFL location. You will likely have to pay a transfer fee to the FFL dealer, who will then complete the transaction as if the gun had been purchased from their stock.

It is important to ensure that the gun you are purchasing complies with the laws of your home state. If the gun is not legal in your state, the FFL dealer will refuse to sell it to you, and you may incur a restocking fee. Therefore, it is crucial to research the relevant state and local laws before making a purchase.

Additionally, if you reside in multiple states for certain periods of the year, you may purchase a firearm in either state during the time you are actually residing there. However, simply owning property in another state does not qualify you to purchase a firearm in that state.

When transporting firearms across state lines, it is essential to comply with the laws of both the state of origin and the destination state. Firearms and ammunition must be stored securely and out of reach, preferably in separate locked boxes in the trunk of your vehicle.

You can't have a gun shipped directly to your house

Travelling Out of State with a Rifle

According to federal law 18 USC § 926A, US citizens may legally transport firearms across state lines, provided they are permitted to possess the weapons in both the state of origin and the destination state. This law only allows travel through states where it is illegal to carry firearms, not to those states.

Shipping Firearms

Now, when it comes to shipping firearms, there are some important distinctions to be made. Firstly, a non-licensee cannot transfer a firearm to a non-licensed resident of another state. This means that if you do not have a licence, you cannot ship a firearm to someone in another state, even if that person is licensed to own firearms.

Secondly, the US Postal Service will not ship handguns under any circumstances. Common or contract carriers must be used for this purpose.

Thirdly, while long guns, such as the AR-15, can be shipped between non-licensed individuals, this is only permitted within the same state. If an unlicensed individual wishes to mail a long gun out of state, it must be sent to a licensed dealer, manufacturer, or gunsmith.

Private carriers such as UPS and FedEx have even stricter regulations. For example, UPS will not ship firearms unless the package is being sent to or from a licensed dealer. These carriers are liable if a shipment violates federal or local law, so they will often refuse to ship firearms in situations that may technically be legal to avoid unintentionally breaking the law.

In conclusion, while it is possible to transport a rifle across state lines in your vehicle, provided you comply with certain requirements, it is not possible to have a gun shipped directly to your house if you are an unlicensed individual. Even licensed individuals are subject to strict regulations regarding the shipment of firearms, and it is important to carefully review all applicable federal, state, and carrier laws before attempting to ship any firearms.

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