Travel with long gun

[johnnytang24]

I would like to travel the continental USA with an unloaded shotgun (ammo separate) stowed in the back of my van. Is this legal everywhere except NYC? What if I wanted to go with a handgun? DC, NYC, Chicago?

Thanks

 

[troyboy94]

You need a gun case, it has to be unloaded, and have to have the amo seperate.

 

[tx_atty]

Best way to be sure, plot out your itinerary and check the laws of each state/city. Cities can not enact ordinances that override state law. If a state says you can, you can. Putting your gun in a locked box is always a step in the right direction just in case you get stopped.

 

[NavyLCDR]

In an area of the vehicle accessible to occupants of the vehicle, the gun must be unloaded and LOCKED in a case. The ammo must also be LOCKED in a container. Federal law does not require seperation of the ammo from the firearm.

18 USC 926a:

http://www.law.cornell.edu/uscode/18/usc_sec_18_00000926---A000-.html

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.

 

[NavyLCDR]

Cities can not enact ordinances that override state law. If a state says you can, you can. Putting your gun in a locked box is always a step in the right direction just in case you get stopped.

Your statement above is incorrect. There are states that do not have preemption in which cities can regulate the possession of firearms more strictly than state law does. Oregon is an example of one such state.

 

[johnnytang24]

Doesn't NYC have stricter laws than NY state? The back of my van is accessible from the front through a door. So I'll have to keep the gun locked?

 

[TexasRifleman]

Connecticut, Hawaii, Illinois, Massachusetts, New Jersey and New York have no provision or statute preempting the regulation of firearms or ammunition at a local level.

I didn't know about Oregon but I'm sure NavyLT does. I think that's all, there may be more.

If you travel through one of these states you are possibly subject to county by county or city by city law changes.

The only way to be sure is to be 100% in compliance with FOPA. If done by FOPA's coverage the local or state restrictions don't apply. But, there are some limitations to FOPA that need to be kept in mind, mainly the idea that you are just "passing through".

Chicago and New York City are probably the most well known for sure and at least NYC has arrested people anyway even post-FOPA, though they paid a heavy penalty in civil court for doing it. I think it was the Port Authority actually.


Here's an NRA publication on the whole mess.

http://www.nraila.org/GunLaws/Federal/Read.aspx?id=59

 

[NavyLCDR]

Doesn't NYC have stricter laws than NY state? The back of my van is accessible from the front through a door. So I'll have to keep the gun locked?

Yes, there has to be a lock between you and both the gun and the ammo. There does not have to be a lock between the gun and the ammo to be in compliance with the Federal law.