It’s Legal to Carry My Gun Across the Country… Right?

The following is a video transcript.

School’s out, the sun is shining, and you’ve got several days of vacation lined up. It’s time for a trip. But before you pack your pistol and leave your Second Amendment sanctuary state, join us as we discuss some common misconceptions about traveling with firearms.

Unfortunately, it’s difficult to see nationwide reciprocity passing into law anytime soon. This means that all law-abiding gun owners should be aware of the laws in every state they intend on traveling through—even if it means choosing a different vacation destination. Here are four common misconceptions or mistakes to avoid when traveling with a gun.

Mistake #1: Assuming your license or permit is recognized in the other 49 states

The first mistake is assuming one state’s license or permit to carry a weapon will be recognized and honored in the other 49 states. This simply is not true and can land you in jail if you’re stopped by law enforcement in the wrong place with the wrong weapon.

Mistake #2: Assuming your handgun is legal throughout the United States

The second misconception folks have is that, because their handgun is legal in their state, it must be legal throughout the entire United States. Again, every state has different laws regarding firearms, ammunition types, and even magazine sizes. If your handgun isn’t legal in the state you’re visiting and you’re stopped by law enforcement, you may be arrested.

Mistake #3: Assuming State Laws Don’t Vary

Sometimes people think, “I live in the great State of (X), and if I keep following their laws, I’m in good shape when visiting state (Y).” This is false. If you’re visiting another state, you’re subject to their laws and their prison sentences.

Mistake #4: Thinking The Federal Safe Passage Act will prevent an arrest

The final misconception is that the Federal Safe Passage Act will prevent an arrest if you’re caught in an anti-2A state.

Let’s take a look at 18 U.S.C. § 926A, where this important law is located. The statute reads:

“Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose, from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, that in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.”

Put simply, if you’re traveling through a 2A-hostile state without stopping, and you’re legally allowed to possess your firearm in your home state and in your destination state, and you pack your unloaded firearm and ammunition in a locked hard-sided container in your trunk, you’ll have the Federal Safe Passage Act as a defense available to you.

It’s important to note that this is a defense raised in court after your arrest. A police officer in an unfriendly state may simply not allow you to carry on to your destination if you’re stopped with an illegal weapon in their territory.

Research the laws of the states you’re traveling to

That’s why we recommend the best practice when traveling to other states: do your homework. Research the laws of each state you plan on visiting before you leave home. You don’t want to leave on vacation and come back on probation.

For any reciprocity or state law carrying questions, call U.S. LawShield and ask to speak to your Independent Program Attorney.

First Aid for Gunshot Wounds 2A Institute

Comment section

19 comments on “It’s Legal to Carry My Gun Across the Country… Right?

  1. Avoid New Jersey!

  2. Really!!! What other states are crazy an only want criminals with weapons? I’m in Texas so its really lax but I’m starting to travel more and don’t know. I’m going to CA this month. I go to Chicago periodically but don’t carry because idk how to fly properly without issues Please help with some of these questions

  3. Great information to consider. Might just be a matter of planning your gas stops wisely to avoid having issues in a non-free state.

  4. APPRECIATE THE HEADS-UP

  5. Go around NJ completely!

  6. If one is renting a cottage in New Jersey for vacation, is it unlawful to keep the firearm in the cottage? Doesn’t the Second Amendment allow one to keep a firearm in the home/cottage for self-defense?

  7. If i am in a hostile 2a state with my fire arm in vehicle and am asked by police if I am carrying do I say yes and go to jail or lie and say no.

  8. If you’re stopped for a traffic violation and the officer offers no other additional violations of laws, NEVER give consent for officers to search your vehicle. If all you’re stopped for is a traffic law violations, there is no probable cause to search your vehicle and he or she needs your consent. NEVER GIVE CONSENT. Just a thought.

  9. Avoid Massachusetts too! Activist LEO’s and judges will throw you in jail quickly! Not to mention the list of non-approved weapons in the state is massive…yes Glocks are illegal there too, unless they have a Mass. compliant trillion pound trigger.

  10. I live in NJ and I agree with Elena. One day I hope to move to America!

  11. Screw NJ

  12. Since I moved from NY to Florida, 41 years ago. we now live in a real state…Quite possibly, the best in the US. The powers don’t try to legislate all the fun outta life as we know it. The “stand your ground” law is in affect. Many folks carry concealed, which makes Florida a very safe state.

  13. I am a retired LEO FROM NEW JERSEY. I HAVE A CONCEALED CARRY LICENSE. I WOULD NOT
    CHOOSE ANY COMPANY EXCEPT TEXAS LAW SHIELD
    I TRIED THE REST.
    I NOW HAVE THE BEST

  14. I used to live in PA and while driving to visit relatives on the PA side of the Delaware river (across from NJ). I told my wife that if she saw any signs with the words “New Jersey” to scream, kick me or anything to get me to turn around before going over a bridge. NJ will toss you in jail for the most minor infraction, even if it’s beyond your control.
    Example: A person traveling from one state to another state with a plane change in NJ had his connecting flight cancelled. He had to claim his luggage (which contained his legally stored pistol) and spend the night in a hotel. He ended up in prison for possession of a firearm without whatever stupid permits NJ requires to own a pea shooter. It finally took Gov. Christie to pardon him before he could get out of jail. Their great gun laws have sure made Newark, Camden, Trenton, Jersey City, Atlantic City, etc. VERY safe though!
    Glad I’m in FL now.

  15. we need to stop complaining and do something about it.
    What to do ?

  16. Shall. Not. Be. Infringed.

  17. What is the best resource to find out about firearms in each state.

  18. New Jersey, Delaware, New York, Maryland, Illinois, BAD BAD BAD!!!! Go around!!!!!!

  19. Joe Mendoza…
    “What is the best resource to find out about firearms in each state.”

    1) US LawShield ! Get multi-state coverage and when you travel you can call about states you are unsure of. 2) U can also check with USA Carry reciprocity maps and information. 3) Go to the appropriate website for each state you will go through, and download their gun law. Sometimes it will be DOJ,Attorney General, or State Police, or other such official website where their statutes are posted. It’s good to have it quickly accessible, like on your computer or iPad, etc.

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