11250 Waples Mill Road Fairfax, Virginia

Transcription

1 Page 1 of Waples Mill Road Fairfax, Virginia I TRODUCTIO The following is a citizen's guide to legal transportation of personally-owned firearms for hunting, competitive shooting, vacationing, and changing residence between states. This guide does not cover the lawful carriage of concealed firearms. Federal law does not restrict individuals (except convicted felons, persons under indictment for felonies, mental defectives or incompetents, illegal users of controlled drugs, illegal aliens, veterans dishonorably discharged, those who have renounced their U.S. citizenship, fugitives from justice, persons convicted of a misdemeanor crime of domestic violence, and persons subject to domestic violence restraining orders) from transporting firearms across state lines. Thus, there is no federal interstate transportation permit for firearms. Many states have laws governing the transportation of firearms. Also, many cities and localities have ordinances restricting

2 Page 2 of 7 their transportation. Travelers must be aware of these laws and comply with the legal requirements in each jurisdiction. There is no uniform state transportation procedure for firearms. FEDERAL LAW O TRA SPORTATIO OF FIREARMS A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel. Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess it to any other place where he may lawfully possess such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, like gasoline and rest, seem permissible. Click here to see a letter from the U.S. Justice Department to Congressman Don Young clarifying federal firearms transport regulations and information about certain states that do not adhere to federal law. (You will need Adobe Acrobat to view this file.) CARRYI G O OR ABOUT THE PERSO It must be stressed that as soon as any firearm (handgun, rifle, or shotgun) is carried on or about the person, or placed where it is readily accessible in a vehicle, state and local firearms laws regarding carrying apply. If you seek to transport firearms in such a manner, it is advisable that you determine what the law is by contacting the Attorney General's office in each state through which you may travel or by reviewing a NRA/ILA State Firearms Law Digest or the Concealed Carry Reciprocity guide and also available by calling NRA/ILA at You should determine whether a permit is needed and how to obtain one if available. While many states require a permit for this type of carrying, most will not issue such permits to nonresidents, and others prohibit such carrying altogether. TRA SPORTATIO BY MOTOR VEHICLE In most states, personally-owned firearms may be transported legally if they are unloaded, cased, and locked in the automobile trunk. The exceptions to this rule apply mainly to interstate transportation of handguns. The myriad and conflicting legal requirements for firearm transportation through the states make caution the key for travelers. If you travel with a trailer or camper that is hauled by an automobile, it is advisable to transport the firearms unloaded, cased and locked in the automobile trunk. If your vehicle is of the type in which driving and living spaces are not separated, the problem becomes one of access. If the firearm (handgun, rifle or shotgun) is carried on or about the person, or placed in the camper where it is readily accessible to the driver or any passenger, state and local laws regarding concealed carrying of firearms may apply. It is recommended, therefore, that the firearm be transported unloaded, cased, and placed in a locked rear compartment of the camper or mobile home, inaccessible to the driver or passenger. Generally, a mobile home is considered a home if it is not attached to a towing vehicle, is permanently attached to utilities or placed on blocks or in such a manner that it cannot immediately be started up and used as a vehicle. Once you reach your destination, state, and/or municipal law will control the ownership, possession, and transportation of your firearms. JURISDICTIO S WITH SPECIAL RULES CALIFORNIA--Caution - before entering the state, a California permit and registration may be required for specific semiautomatic rifles, semi-automatic pistols, shotguns, and any other firearm that is considered an "assault weapon." Contact the

3 Page 3 of 7 California Dept. of Justice in Sacramento for additional information at (916) , or at CONNECTICUT--A permit is required to carry a handgun in a vehicle. Nonresidents may carry a handgun in or through the state for the purpose of taking part in a firearms competition or an exhibition provided they are residents of the U.S. and have valid permits-to-carry issued by any other state or locality. No permit is required when changing residences, provided the handgun is unloaded and cased or securely wrapped. A special permit is required to possess an assault weapon. An "assault weapon" is any selective-fire firearm capable of fully automatic, semi-automatic or burst fire at the option of the user, or any one of more than 5 dozen specified semi-automatics. Contact the Connecticut State Police Special Firearms Licensing Unit for further information at (860) HAWAII--Registration is required of all firearms and ammunition with the county chief of police within 72 hours of arrival on the islands. Rifles or shotguns may be transported for target shooting at a range or hunting provided they are unloaded and cased or securely wrapped. If they are transported for hunting, a valid state hunting license must be procured. Handgun transportation is limited to one's place of sojourn or between the place of sojourn and a target range or going to or from a place of hunting. The handgun must be unloaded and securely wrapped or cased. ILLINOIS--A nonresident is permitted to transport a firearm provided it is unloaded, enclosed in a case, and not easily accessible. A nonresident may possess a firearm for licensed hunting, or at a Department of Law Enforcement recognized target shooting range or gun show. The City of Chicago requires all firearms possessed in the city to be registered. Handguns not previously registered in Chicago cannot be registered. Oak Park, Evanston, Morton Grove, Highland Park, Wilmette, and Winnetka prohibit the possession of a handgun. Firearms may be transported under the general rule through Chicago for a lawful recreational firearm-related activity. INDIANA--A carry permit is required to transport a handgun in a vehicle. Nonresidents are ineligible for Indiana permits; however, Indiana recognizes carry permits from other states and foreign countries. MAINE--A nonresident concealed carry permit may be obtained from the Chief of State Police. Maine requires a carry permit to transport a handgun in a vehicle. It is illegal to carry a rifle or shotgun in a vehicle or trailer with a cartridge or shell in the chamber, magazine, clip or cylinder. MARYLAND--The unlicensed transportation of handguns in vehicles is prohibited, except for a variety of lawful purposes, including target shooting. A handgun must be transported unloaded and in an enclosed case or holster with a strap. MASSACHUSETTS--Nonresidents are allowed to bring personally-owned handguns into the Commonwealth for competition, exhibition or hunting. If the handgun is for hunting, a valid hunting license must be procured. Furthermore, the handgun owner must have a valid carry permit from another state and that state's permit requirements must be as stringent as those of Massachusetts. A person who does not meet these requirements must obtain a temporary handgun permit from the Dept. of Public Safety, 1010 Commonwealth Ave., Boston, MA A nonresident may transport rifles and shotguns into or through Massachusetts if the guns are unloaded, cased, and locked in the trunk of a vehicle. A nonresident may physically possess an operable rifle or shotgun while hunting with a Massachusetts license, while on a firing range, while at a gun show, or if the nonresident has a permit to possess any firearm in his home state and the licensing requirements are as stringent as those of Massachusetts. Caution--Massachusetts has enacted one of the most restrictive gun laws in the nation, imposing a mandatory one-year jail sentence for anyone illegally possessing a firearm, loaded or unloaded, "on his person or under his control in a vehicle." In all cases, all firearms must be transported as prescribed in the general rule. BOSTON--Under a vague law, it is unlawful to possess, display, transfer or receive any shotgun with a capacity exceeding six rounds; a semi-automatic rifle with a magazine exceeding 10 rounds; any SKS, AK47, Uzi, AR-15, Steyr AUG, FN-FAL, or FN-FNC rifle; any semi-automatic pistol which is a modification of a proscribed rifle or shotgun; and any magazine or belt that holds more than 10 rounds. An "assault weapons roster board" may add additional firearms to the list of "assault weapons." For owners to continue possession of such firearms, a license/registration must have been obtained from the Boston Police Commissioner within 90 days of the effective date of the law (12/ 9/89) or within 90 days of the addition of a

4 Page 4 of 7 firearm to a roster of "assault weapons." Otherwise a license/registration cannot be obtained. The provision does not apply to possession by nonresidents of Boston at a sporting or shooting club, by a person with a Massachusetts license to carry a pistol, or while taking part in competition or at a collectors' exhibit or meeting or traveling to or from such event or while in transit through Boston for the purpose of hunting by licensed hunters, provided that in all cases the "assault weapon" is unloaded and packaged and the person has a Massachusetts Firearm Identification Card or has a license or permit to carry or possess firearms issued by another state. Prospective travelers are urged to contact the Massachusetts Firearms Records Bureau at (617) or the State Police at for further information. MICHIGAN--Michigan requires a carry permit to transport a handgun in a vehicle. Nonresidents are ineligible for Michigan permits, however, Michigan recognizes carry permits from other states. Exempt from the Michigan permit requirements are hunters with valid Michigan hunting licenses, and individuals with proof of membership in an organization with handgun shooting range facilities in the state, provided the handguns are unloaded and in a container and locked in the trunk or storage area of the vehicle. Michigan exempts transportation of unloaded handguns during a change of residence. Caution--In Michigan, the handgun must be in a container, whereas most other states simply require that it be securely wrapped. MISSOURI--State carry requirements do not apply to transporting a non-functioning firearm or an unloaded firearm when ammunition is not readily accessible or while carrying a firearm concealed while traveling in a continuous journey peaceable through the state, or to any person who has a valid concealed carry endorsement, or a valid permit to carry concealed firearms issued by another state or political subdivision of another state, or to persons who are engaged in a lawful act of defense. NEW JERSEY--New Jersey laws governing firearms permits, purchaser identification cars, registration and licenses do not apply to a person who is transporting the firearm through this State if that person is transporting the firearm in a manner permitted by federal law. This federal law permitting interstate transportation of a firearm applies only if all of the following requirements are met: possession of the firearm was lawful in the state in which the journey began; the possession of the firearm will be lawful in the state in which the journey will end; the person is transporting the firearm for a lawful purpose; the firearm is unloaded; the firearm is not directly accessible from the passenger compartment of the vehicle; the ammunition is not directly accessible from the passenger compartment of the vehicle; if the vehicle does not have a compartment separate from he passenger compartment, the firearm and ammunition must be in a locked container other that the vehicle's glove compartment or console. A person transporting a firearm through the State of New Jersey in the manner permitted by federal law need not give notice. Whenever an officer has probable cause to believe that a person's possession of a firearm is in violation of New Jersey law and not permitted by federal law, then the law enforcement officer may make an arrest. NEW YORK--The transportation of handguns is prohibited except by a resident with a license to carry. A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a separate locked container. Nonresident target shooters may enter or pass through New York State with handguns for purposes of any NRA-approved competition if the competitor has in his possession a copy of the match program, proof of entry and a pistol license or firearms registration card from his state of residence. The handgun must be unloaded and transported in a fully opaque container. New York State has strict laws governing illegal possession of handguns which can result in a possible seven-year jail sentence for offenders. Caution--New York law presumes that an individual stopped in possession of five or more handguns, without a state permit, possesses the handguns for illegal sale, thus subjecting this person to an increased sentence. Caution--New York is the only state that prohibits the transportation of handguns without a license. Travelers should therefore be particularly careful since they face severe consequences should they inadvertently violate the state's highly restrictive statutes. NEW YORK CITY--A city permit is required for possession and transportation of handguns and long guns. New York State handgun permits are invalid within the city limits; however, New York State residents may transport their licensed handguns unloaded through the city if these are locked in a container and the trip is continuous. Long guns may be kept in the city for

5 Page 5 of 7 only 24 hours while in transit and must be unloaded and stored in a locked container or vehicle trunk for the period. New York City forbids possession of an "assault weapon," which includes various specified semi automatic rifles and shotguns, or revolving cylinder shotguns. It is unlawful to possess an "ammunition feeding device" capable of holding more than 17 rounds in a handgun, or more than 5 rounds in a rifle or shotgun. In all cases, the general rule should be observed. The New York State law on illegal possession applies to the City as well. PENNSYLVANIA--A permit is required to carry a handgun in a vehicle. Rifles and shotguns may be carried in a vehicle so long as they are unloaded. Permits are available to nonresidents and may be obtained from any county sheriff or chief of police in the major cities. An unloaded, securely wrapped handgun may be carried without a license when changing residences, when going to or from target practice, or to or from one's home to a vacation or recreational home. RHODE ISLAND--A permit is required to transport a handgun. There are three exceptions to this requirement: (1) A person licensed to carry in another state may transport a handgun during an uninterrupted journey across the state; (2) A person may carry without a permit an unloaded, securely wrapped, and, if possible, broken down handgun to and from a target range; or (3) An individual can transport a handgun, under the previous conditions, without a permit during a change of residence. SOUTH CAROLINA--South Carolina allows a loaded handgun to be secured in a closed glove compartment, closed console or closed trunk. Note--most other states consider a loaded gun in a glove box or console to be concealed and therefore possibly illegal. VERMONT--A person may freely and lawfully carry (openly or concealed) a firearm without a permit, so long as it is done without the intent or avowed purpose of injuring another person. VIRGINIA--It is illegal to possess "streetsweeper" shotguns, or semi-automatic folding stock shotguns of like kind with a spring tension drum magazine capable of holding 12 shotgun shells. WASHINGTON, D.C.--Transportation of firearms through the city is not permitted unless the travel is to or from a lawful recreational firearm-related activity. Firearms transported for this purpose should be carried in accordance with the general rule. FIREARMS ABOARD COMMERCIAL AIRCRAFT Federal law prohibits the carrying of any firearm, concealed or unconcealed, on or about the person or in carry-on baggage while aboard a commercial aircraft. Firearms are permitted as baggage, however the Transportation Security Administration (TSA) has established specific requirements for transporting firearms and ammunition: The firearm must be checked with the air carrier as luggage. Firearms are prohibited from carry-on baggage. The firearm must be declared orally or in writing in accordance with the air carriers' procedures (contact your air carrier for their specific procedures). The firearm must be unloaded. The firearm must be carried in a hard-sided container. The container must be locked and only the passenger may retain the key or combination. All checked baggage is subject to inspection. If during the inspection process it is necessary to open the container, air carriers are required to locate the passenger and the passenger must unlock the container for further inspection. The firearm may not be transported if the passenger can not be located to unlock the container. If you are traveling with a firearm, pay close attention to airport pages and announcements. If requested, provide the cooperation necessary to inspect your firearm. Ammunition is likewise prohibited from carry-on luggage. Ammunition may not be carried loose. It must travel in the manufacturer's packaging or other packaging suitable for transport. Consult your air carrier to determine quantity limitations or whether the ammunition must be packed separately from the firearm. For further information, visit

6 Page 6 of 7 FIREARMS ABOARD OTHER CARRIERS Any passenger who owns or legally possesses a firearm being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce must deliver the unloaded firearm into the custody of the pilot, captain, conductor, or operator of such common or contract carrier for the duration of the trip. Check with each carrier before your trip to avoid problems. Bus companies generally refuse to transport firearms. Amtrack specifically prohibits the transport or possession of firearms and ammunition both on board and in checked baggage. Other passenger rail companies may also restrict transport or possession; always check with your carrier first. ATIO AL A D STATE PARKS Generally, firearms are prohibited in national parks. If you are transporting firearms, you must notify the ranger or gate attendant on your arrival, and your firearm must be rendered inoperable before you enter the park. The National Park Service defines inoperable to mean unloaded, cased, broken down if possible, and out of sight. Individuals in possession of an operable firearm in a national park are subject to arrest. Rules in various state park systems vary, so always inquire first. ATIO AL FORESTS National Forests usually follow laws of the state where the forest is located. HU TERS In many states, game wardens strictly enforce regulations regarding the transportation of firearms during hunting season. Some states prohibit the carrying of un-cased long guns in the passenger compartment of a vehicle after dark. For up-to-date information on these regulations, always contact local fish and game authorities. CA ADA Visitors bringing firearms into the country must declare their firearms, in writing, to a Customs Officer, and all firearms must be registered. Registration cost is $18 Canadian. Canada has very strict laws governing the transport and possession of firearms. United States citizens may bring "sporting" rifles and shotguns into Canada after first obtaining a Non-Resident Firearms Declaration Form (Form JUS-909) and getting it approved. The form is available at the border or downloadable from It is approved at the border. The fee is $50 Canadian. Certain rifles and shotguns are considered "prohibited firearms." These include any automatic or semiautomatic rifle or shotgun with an overall length of less than 660mm or a barrel length less than 457mm. Any adult who wishes to borrow a firearm must obtain a Temporary Firearms Borrowing License (Form JUS-715). The fee is $30 Canadian. The Possession and Acquisition License ("PAL")(Form JUS 88 E) is also available at a cost of $60 Canadian for nonrestricted firearms and $80 Canadian for restricted firearms and is renewable every five years. The PAL requires passing the Canadian Firearms Safety Course at an extra charge. The PAL along with a registration certificate eliminates the need for both the Non-Resident Firearms Declaration Form for previously registered firearms and the Temporary Firearms Borrowing License. A confirmed declaration for any firearm not registered in Canada is necessary with or without the PAL. Handguns and other "restricted" firearms may be brought into Canada if an Authorization to Transport (Form JUS-679) has first been approved by Canadian authorities. The permit must be issued by a provincial or territorial Chief Firearms Officer before arriving at the entry point into Canada. The head of the provincial or territorial police can provide more information. The form may be obtained from the web site. The fee is $80 Canadian. Some handguns are considered "prohibited firearms," and a permit cannot be obtained. These include.25 and.32 caliber handguns and handguns with barrels shorter than 105 mm.

7 Page 7 of 7 Travelers to Alaska should take note. More information can be obtained from the Canadian Firearms Centre via the internet at or by calling the Canadian Firearms Centre information line at All firearms must be declared and registered with United States Customs on form 4457 or any other registration document available for the purpose of facilitating reentry into the United States with the same firearms. MEXICO Bringing firearms into Mexico is severely restricted. Mexico allows two sporting rifles or shotguns of an acceptable caliber and 50 rounds for each for hunting. First, a tourist permit must be obtained from the Mexican Consulate having jurisdiction over the area where the visitor resides. Mexican immigration officials will place a firearms stamp on this permit at the point of entry. A certificate of good conduct issued by the prospective hunter's local police department, proof of citizenship, a passport, five passport size photos, a hunting services agreement with the Mexican Secretary of Urban Development and Ecology (issued by the Mexican Forestry and Wildlife office), and a military permit (issued by the Military Post and valid for only 90 days) are all required to be in the hunter's possession while carrying the firearms. For additional information, contact the Mexican Embassy or Consular Office. All firearms must be declared and registered with United States Customs on form 4457 or any other registration document available for the purpose of facilitating reentry into the United States with the same firearms. O -IMMIGRA T ALIE PROHIBITIO The non-immigrant alien prohibition applies to any alien in the United States in a non-immigrant status, whether or not that alien was required to obtain a visa to enter the United States. That includes persons traveling temporarily in the United States, persons studying in the United States who maintain a residence abroad, and temporary foreign workers. Please check with the Bureau of Alcohol, Tobacco, Firearms and Explosives at for further details of the regulations and exceptions. CO CLUSIO Common sense and caution are important whenever you are traveling with firearms. The way in which your firearms are packed and located in your vehicle are important factors in your compliance with the law. CAUTION: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney. Note that you have constitutional protections against both unreasonable searches and seizures and against compelled self-incrimination. Although the authorities may search anywhere within your reach without a search warrant after a valid stop, they may not open and search closed luggage without probable cause to believe evidence of a crime will be found, particularly when it is in a locked storage area or trunk of a vehicle, unless you consent. You have a right not to consent. Furthermore, although you may be required to produce a driver's license, vehicle registration, and, perhaps, proof of automobile insurance, you have a right to remain silent. Find this item at: