- Federal law on interstate trips - Title 18 USC926A
The law 18USC926A, does indeed override any state or local jurisdiction with respect to the interstate transport of legal weapons within the scope of the act. There are strict penalties for state or local authorities that choose to violate this federal law.§ 926A. Interstate transportation of firearms
Release date: 2005-08-03
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.
The law is simple and very clear, for example "... during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible ..."
Meaning, if the firearm is unloaded and in the trunk and the ammunition is in the trunk you are legal. Pretty simple. It does NOT state the firearm must be locked in a container (if in the trunk). It does not say how the ammunition is to be carried, nothing about unloading magazines, locked in a container, or in original boxes. The law does not state the firearm and ammunition must be in separate locations.
Traveling with a vehicle that does not have a trunk is specifically addressed. "... 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 " .
So if you are traveling in a vehicle without a separate compartment, NOW you must place the "firearm or ammunition" in a locked container. Again, pretty simple. I will make a comment here, because of the word "or" I would carry the firearm and ammunition in separate locked containers (my opinion).
People, don't make this more complicated that it has to be.
O.K., I know many of you reading this are saying, "yea, but what if..."
So here are a few "what if" scenario's.
The federal law does not state the trip must be non-stop continuous. For example, if you are traveling from NH to CT you do not have to stop in Portsmouth and fill the car with gas, eat a meal, and empty your bladder. It would be reasonable to conclude that one can stop for gas, eat a meal, go to the bathroom, or spend a night in a hotel if needed.
Yes, it covers motorcycles. Obviously a motorcycle does not have a trunk. As stated above, simply store the firearm and ammunition in separate locked containers.
Yes, you can travel through NJ with hollow point ammunition. Stored as appropriate for the vehicle in use.
Nothing is stated about magazines needing to be unloaded.
Do not call and ask the state police or any other law enforcement agency about the laws of their state. They are not attorneys, they more than likely will quote incorrect information. Do not notify them when you will be traveling through their state. Please, do not give up any of your Constitutional Rights just to be safe. You are protected by federal law.
You are traveling from Maine with a legally owned machine gun. Your destination is some other state where you can legally have said machine gun. You must pass through New York State where such a firearm is not permitted to be possessed or owned by a individual. Again, as I have stated before, simply stored as appropriate for the vehicle in use.
Here is one last "what if" scenario.
You are traveling from Maine to Florida. All of your many firearms are legally owned by you and stored as appropriate within your vehicle per federal law. Just to be clear you also have the ammunition stored correctly and you can legally have the firearms and ammunition in FL. Although not necessary, you decide to drive non-stop just to be safe. As you are passing by D.C. on Interstate 95 your 9 month pregnant wife suddenly goes into labor and her water breaks. Knowing of a hospital in D.C. you drive there (probably a closer one but this is a what if). Your wife delivers a beautiful healthy baby, everyone is fine. But, you must stay in D.C. for 36 hours. Are you legal?? What do you think?
Federal Law is federal law, regardless of what places like D.C., Chicago, NYC, Maryland, and NJ think or say.
"Does not matter what Barney Fife may think, or do, we will prevail!" Caldwell Joe on August 22, 2003
Rob