If you are planning on traveling with a firearm here is some legal information you need to know.

What is Constitutional Carry or Permitless Carry?

In the United States, the term Constitutional Carry, also called Permitless Carry, is a term of art for the legal carrying of a handgun both openly and concealed, without the requirement of a government permit. The phrase does not typically refer to the unrestricted carrying of a long gun, knife, or other weapons. The scope and applicability of such laws or proposed legislation can vary from state to state.  In fact, in some states that have adopted Constitutional carry laws, may permit that only residents of that states are permitted to participate in the practice, so make sure Constitutional carry applies to nonresidents if you do not have a permit or reciprocity with that state. 

What is Concealed Carry Reciprocity? 

Reciprocity refers to a bilateral agreement between two states that agree to honor each other’s concealed carry permits. When one state honors another state’s concealed carry permit it is called recognition. You must abide by the State that you are in Concealed Carry Laws.

Know the Differences

Reciprocity is Concealed carry in just another state right? Not really firearms laws are different in every state. When, where, and during what activity can you carry your firearm? Do you have to immediately inform LE during a meaningful contact that you are carrying a firearm? If you do, are you required to inform LE immediately? What does immediately mean in that jurisdiction? Are you required to inform if asked? Are you required to inform when asked for identification? Are you not required to inform? Are you permitted to carry your firearm into an establishment that serves food and alcohol? Are you permitted to carry your firearm into a bar? Are you permitted to consume alcohol? If so how much alcohol can you consume? Are you permitted to carry a loaded handgun, rifle, shotgun or knife in an automobile? What about pepper spray? Are you familiar with FOPA, the Firearm Owners Protection Act?  

Whoa that’s too much! I will just stay home or leave my firearms at home. Stop! It is not that complicated; the information is easy to find and it’s easy to plan your trip through different states and stay legal while carrying your firearm for protection. I suggest to start with www.handgunlaw.us it is an informative website that provides you with current information related to the firearms laws of each of the 50 states that you will need to know if you are planning on carry a firearm while traveling in and through different 50 states. For those of you that prefer a book rather than computer or phone try https://www.gunlawguide.com/ Travelers Guide to the Firearms Laws of the 50 States. 

FOPA

Unfortunately, when we travel with firearms, there are still those states that do not allow a person from another state to carry a firearm using reciprocity in that state. So how do you properly transport a firearm in states that do not have reciprocity under your license?  That’s where FOPA comes into play.

A provision of the federal law known as the Firearms Owners’ Protection Act, FOPA or Safe Passage protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage. 

The Firearm Owners Protection Act of 1986 (FOPA) is a United States federal law that revised many provisions of the Gun Control Act of 1968.  One of the law’s provisions (codified in section 926A of title 18 of the U.S. Code) was that persons traveling from one place to another have a defense for any state firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gasoline), provided that the individual is not otherwise prohibited from possession of a firearm, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition must be kept separate and apart from the firearm.  Stored in a separate box, container, magazine separate from the firearm.  Magazine in a pouch outside locked gun case okay, box of ammo inside container with firearm NOT okay. 

This section has also been interpreted to protect air travel.

Definitions of certain terms in the law include:

• Transporting. Not staying for any determined length of time. Passing through on the way to some place.
• Unloaded. No ammunition in the firearm. In the case of McDaniel v. Arnold, the courts upheld a conviction based on the interpretation that the accused had a loaded firearm despite not having a round in the chambered position.
• Not readily accessible. There are no clear court decisions or interpretations available, but this term is widely regarded as meaning Not capable of being reached quickly for operation.
• Locked container. A hard-sided container that is locked such as to prevent unauthorized users from gaining access. (Interpretations of locked can vary from state to state, some states may interpret locked to mean an actual lock, while others require only that it have some kind of closing mechanism like a snap or buckle, I use an airline lock just to avoid problems)

Vehicles without a trunk.

In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition must be kept separate and apart from the firearm.  Stored in a separate box, container, magazine separate from the firearm.  Magazine in a pouch outside locked gun case okay, box of ammo inside container with firearm NOT okay.  (Be extra cautious, especially when you are travelling under FOPA, when your firearm cannot be stored in the trunk, and lock your firearm using a conventional lock.)

The information provided in this article is a good start, it is not all the information that you will need, but it provides you with tools to obtain all of the information you will need.

If any of our members or readers have any suggestions for articles that you would like to read contact us at info@secondcalldefense.org with your suggestions, if it makes sense we will research and provide you with an email response or article for all of our members.

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