18 U.S.C. § 926A, the Federal Safe Passage law

[Jmac00]

does this law, only apply to hand guns, or does it apply to ALL guns?


I can move my hand guns to my son in Arizona, or to my buddy in Tennessee, but are the rules the same for Long guns? Do the long guns have to be locked in a case and stored away from the living space of a RV

 

[nortatoga]

18 U.S.C. § 926A, the Federal Safe Passage law​

Firearms Owners Protection Act of 1986 aka “The Peaceable Journey Law”
This act allows a person to transport a firearm through states in which he or she does not hold a valid permit, as long as he or she may lawfully carry (whether by permit, constitutional carry, etc.) in the state of origin as well as the destination. The owner of the firearm must be in transit and not stay in the state where possession would be illegal. Furthermore, the firearm must be unloaded and contained in a locked box or out of the driver’s reach, unless state law allows otherwise. It is recommended that ammunition be in a separate, preferably locked container. In some states, the drivers must pass through the state without stopping, and in others only short stops are tolerated. Consult the USCCA’s Concealed Carry Reciprocity and Gun Law Map to determine what laws apply to you for every state along your route.
The act does not allow the owner to use his or her firearm for defense during transit.
Fed Interstate 18 USC § 926A — Vehicle carry unloaded and secured
These sections of the code were intended to protect the passage of travelers (who can legally possess a firearm) to transport a firearm for any lawful purpose from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry such firearm. The firearm must be unloaded, and neither the firearm nor any ammunition can be readily accessible from the passenger compartment. 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. It is recommended that ammunition be in a separate, preferably locked container.

Related Articles From the USCCA Blog​

Concealed Carry While Traveling
ED COMBS — SEPTEMBER 22, 2019
Firearms on the Open Road: RV Travel and Camping Safety
BETH ALCAZAR — MARCH 12, 2019
The information contained on this website is provided as a service to USCCA, Inc. members and the concealed carry community, and does not constitute legal advice. We make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and as such, nothing contained on this website should be used as a substitute for the advice of a lawyer for a specific case.
https://www.usconcealedcarry.com/resources/federal-ccw-law/federal-firearms-transportation-laws/#top

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[Grimscale]

so you can bring it with you, but you 1) can't stay in a hotel (not a lot of people can drive across country in one trip), 2) can't use it to protect yourself (kind of puts a lie to "safe passage" doesn't it?).

so what, exactly, does this law do?

I could drive to arizona and just buy a pistol there, then sell it again when I leave. Especially since I won't be allowed to bring it back with me.

 

[ArmedCorgi]

so you can bring it with you, but you 1) can't stay in a hotel (not a lot of people can drive across country in one trip), 2) can't use it to protect yourself (kind of puts a lie to "safe passage" doesn't it?).

so what, exactly, does this law do?

I could drive to arizona and just buy a pistol there, then sell it again when I leave. Especially since I won't be allowed to bring it back with me.

As long as the firearm is not illegal to own etc. In tge state you are passing through or staying in and is legal to posses in you home state, you are fine to stay in a hotel. When I moved out west, I looked at different routes and looked at the gun laws for the states I'd be passing through. I picked the route with the lease amount of anti gun states (there was really only one, and it wasn't really that bad) and made sure I planned it so that I could drive straight through it and stop for the night in a gun friendly state. Also, just don't get pulled over.

 

[Paxal]

The idea that you can’t stop at a hotel is completely unrealistic. Once you get out away from the original 13 colonies you can’t make it across some states in a day from another state. I do the drive quite a bit and I wish I could make it in two days, but, that just isn’t gonna happen. It’s dangerous to force people to travel that far non-stop. Truckers aren’t allowed to do it, so, why force the rest of us to?

 

[Jmac00]

This all assumes you don't have a proper permit for that state OR the proper NON-resident permit. Such as Florida, Utah, Arizona and Pennsylvania. If you have all the necessary non-resident permits, you should be able to go anywhere you want, correct???

not to mention, the 26 states that are constitutional carry?
edit: except Mexifornia, NY and NJ

 

[Grimscale]

Isn't Arizona "constitutional carry" as long as it it not concealed?

So... I'm permitted in NY.
Can obvious carry in AZ.
What about the stops in IN, OK, NM?

 

[ArmedCorgi]

This all assumes you don't have a proper permit for that state OR the proper NON-resident permit. Such as Florida, Utah, Arizona and Pennsylvania. If you have all the necessary non-resident permits, you should be able to go anywhere you want, correct???

not to mention, the 26 states that are constitutional carry?
edit: except Mexifornia, NY and NJ

That is in regards of carrying a handgun on you loaded for conceal carry. You don't need a ccw to drive your handgun through a state if it is locked up and unloaded. The only time a permit would be required is if your home state requires a permit to posses ( like ny).

 

[ArmedCorgi]

The idea that you can’t stop at a hotel is completely unrealistic. Once you get out away from the original 13 colonies you can’t make it across some states in a day from another state. I do the drive quite a bit and I wish I could make it in two days, but, that just isn’t gonna happen. It’s dangerous to force people to travel that far non-stop. Truckers aren’t allowed to do it, so, why force the rest of us to?

You can stop at a hotel. How do you think people who do national competitions do it? As long as what you have with you is legal in the state you are in and in your home state, you are fine. There is no crime. The law cited is supposed to protect travelers from being arrested for just passing through a state with something that is both legal in their final destination and in their home state but just happens to not be legal in a state they have to pass through. So for instance me bringing a handgun from ny to utah is legal, because at the time I had a nys permit to posses the pistol in ny and the pistol is legal in utah, because well, utah. Utah honors everyone's permit. But my point is, most of the states I drove through and all of the states I stayed the night in, have less resrictive laws than ny. Everything I had with me was legal in every state I passed through, even Illinois because they don't have an AWB and my handguns are legal because I had my ny permit. Most states do not require a permit to posses a handgun, only to conceal carry one.

 

[spat]

Isn't Arizona "constitutional carry" as long as it it not concealed?

So... I'm permitted in NY.
Can obvious carry in AZ.
What about the stops in IN, OK, NM?

Arizona is constitutional carry including concealed.

The only thing my Arizona CCW gets me is reciprocity, and the ability to carry a few more locations (like restaurants that serve alcohol).

Most places you can conceal or open carry as you wish with no difference from a pocket knife (as it should be).

 

[ManualF150]

I do have a question regarding this. How do pistols for instance get delivered to Bass Pro and other retailers on a truck? Does that mean the truck driver is therefore carrying or transporting illegal pistols/guns?

Or does it have something to do with interstate/intrastate commerce laws superseding this?

I'm quite sure the truck driver will stay overnight in NY before heading to their next destination with a semi trailer filled with guns, ammo, and other sporting goods. Obviously if it was illegal, we'd have truck drivers being bothered all the times and in the news.

Never quite understood how that all worked -- it's easier to ask.

 

[spat]

I do have a question regarding this. How do pistols for instance get delivered to Bass Pro and other retailers on a truck? Does that mean the truck driver is therefore carrying or transporting illegal pistols/guns?

Or does it have something to do with interstate/intrastate commerce laws superseding this?

I'm quite sure the truck driver will stay overnight in NY before heading to their next destination with a semi trailer filled with guns, ammo, and other sporting goods. Obviously if it was illegal, we'd have truck drivers being bothered all the times and in the news.

Never quite understood how that all worked -- it's easier to ask.

That would be the "common carrier" exemption.

Anyone classified as a "common carrier" is not considered in possession of any illegal material that is being shipped through their service unless they knew or should have known what it was.


That means that if a fed-ex truck is in an accident, and a box containing a kilo of cocaine dumps all ovet the road, the driver does not go to prison when the cops show up (unless he knew what was in it).

 

[ManualF150]

Well, I agree with that, but what about bill of ladens? I've worked at places and in comes a tractor with a bill of laden that the shipper knows what is on board, including the driver. I guess I should've asked this earlier; sorry.

 

[tgenec86]

Well, I agree with that, but what about bill of ladens? I've worked at places and in comes a tractor with a bill of laden that the shipper knows what is on board, including the driver. I guess I should've asked this earlier; sorry.

Still a "Common Carrier" - drivers often have a bill of lading and know what is in the trailer. The above mentioned "kilo of cocaine" is an illegal substance and contraband internationally - so if the FedEx driver knew it was there and did nothing about it, they'd have some level of guilt for knowingly transporting illegal goods. A driver knowingly carrying a valid and legal shipment of firearms is not breaking any law - even in this sh*t hole of a state because they are not the legal possessor of the firearm, merely the delivery vehicle transporting legal goods through interstate commerce. Safe Passage is generally intended for the owner / legal possessor of the firearms. In transportation, a carrier is considered a "pass through" vehicle or entity - the means of transporting goods from the manufacturer, distributor, or warehousing entity to the distributor, retailer, or end user - who never accepts legal ownership of the goods.

And trust me - some power tripping NYS law officers really do expect you to pass through the state without stopping. Not many, but people have been badly tripped up in this state because of that.

 

[ManualF150]

Ah, ok. Makes sense and thanks!

It's just really weird with these laws. Makes no sense to bother law abiding people especially if the firearms are locked up and doing due diligence.

 

[crunchberry]

so you can bring it with you, but you 1) can't stay in a hotel (not a lot of people can drive across country in one trip), 2) can't use it to protect yourself (kind of puts a lie to "safe passage" doesn't it?).

so what, exactly, does this law do?

I could drive to arizona and just buy a pistol there, then sell it again when I leave. Especially since I won't be allowed to bring it back with me.

Stay at a hotel? Shit, she said you can't even stop the car for a nap in the video and claimed someone was prosecuted for this in FL.

 

[spat]

Ah, ok. Makes sense and thanks!

It's just really weird with these laws. Makes no sense to bother law abiding people especially if the firearms are locked up and doing due diligence.

Makes no sense to bother people over window tint or seatbelts either, but both are major sources of revenue.

 

[spat]

Stay at a hotel? Shit, she said you can't even stop the car for a nap in the video and claimed someone was prosecuted for this in FL.

In FL ?

What was illegal in FL but legal in the source and destination ?

FL is a far cry from NY or NJ for firearms law. They do have some really screwy "secret compartment" laws though.

 

[crunchberry]

In FL ?

What was illegal in FL but legal in the source and destination ?

FL is a far cry from NY or NJ for firearms law. They do have some really screwy "secret compartment" laws though.

My bad the example case she mentioned was in NJ not FL.

She had mentioned FL previously in the video.

 

[Acer-m14]

just saying .. welcome to NY ..

 

[Acer-m14]

few yrs ago a traveler stop at a gun store (FFL) .. to sell gun for gas money and got jammed up ..