FOPA (Firearms Owners’ Protection Act) protection is limited. Federal law protects transport between legal locations, but in New York, New Jersey, Massachusetts, Maryland, California, Illinois, Connecticut, Hawaii and Washington, it’s treated as an “affirmative defense,” which means you can still be arrested if you violate a state or local gun law while you’re traveling.
There are transport requirements. Your firearm must be unloaded, locked in a trunk/container and not readily accessible. Any ammunition must be separate, and your journey must be continuous.
Magazine limits matter. Carrying magazines that exceed a state’s capacity limit can lead to serious legal consequences. FOPA protection applies only if the mags are locked/inaccessible to the passenger compartment and you’re traveling through the state on a continuous journey. Many states enforce strict magazine-capacity limits, often 10 rounds or fewer. Before you cross state lines, ensure your magazines comply with local laws so that you can avoid potential felony charges.
- 10-round max:California, Connecticut, Hawaii (for handguns), Illinois (for rifles), Maryland, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Vermont (for long guns), Washington and Washington, D.C.
- 15-round max: Colorado, Illinois (for handguns) and Vermont (for handguns)
- 17-round max: Delaware
There are a number of Cities around the United States that also have restrictions on Magazine capacity. You would be wise to check the laws for any place that you are going to be passing through and possibly stopping at. It came in very handy for me when I travelled to Illinois a couple of years ago.
- Have a plan for if you’re pulled over. Keep your hands visible and follow all instructions EXACTLY. Inform the officer that you’re in possession of a firearm only if it’s legally required. Don’t consent to any searches.
- Keep in mind that hotel stays are risky. Courts have ruled inconsistently on whether overnight stays void FOPA protection. Use a portable gun safe cabled to an immovable object if you must stay.
- Make a pre-trip checklist. Check all state laws, print permits, plan gas stops strategically, verify hotel policies, inspect cases/locks, and inform someone of your route.
- Keep moving. Don’t make any unnecessary stops in restrictive states. In other words, stop only for gas, food and bathroom breaks — no tourism.
- Don’t advertise. Don’t display any gun-related stickers or wear any shirts or hats while you’re traveling interstate.
- Find trustworthy resources. Even careful gun owners have faced legal nightmares from interstate travel. The USCCA offers resources that can help you navigate the complex landscape.
Some people talk about the Firearms Owners’ Protection Act (FOPA) like it’s some sort of magic shield that lets you drive coast to coast with your gun. It’s not.
The federal law (18 U.S.C. § 926A) allows you to transport a firearm from one place where you can legally possess it to another place where you can legally possess it, regardless of local laws along your route. But there are very specific conditions:
- Your firearm must be unloaded.
- Both your firearm and any ammunition must not be readily accessible. (Ideally, they’ll be locked in your trunk). If you’re in a vehicle without a separate compartment, your firearm must be in a locked container other than the glove compartment or console.
- Your journey should be continuous, without unnecessary stops beyond gas, food and bathroom breaks.
- Both your starting point AND your destination must be places where you can legally possess the specific firearm in question.
Here’s what the law doesn’t tell you: In states such as New York and New Jersey, FOPA is treated as an “affirmative defense” rather than protection from arrest. This means you could still be arrested and need to raise your FOPA protection in court — a process that can be expensive and time-consuming.
Flying tends to be more straightforward. Flying with a firearm is permissible under federal law, but you still must comply with all TSA and airline-specific regulations to avoid potential legal issues. But you have to strictly follow the rules:
- Secure your UNLOADED firearm in a hard-sided case that YOU lock (do not use a TSA lock; you need one that only you can open).
- Declare your firearm at the airline checkin counter (never at security). Fill out the airline’s declaration form.
- Allow the agent to verify that your firearm is unloaded (if requested).
- Keep the key or combination to your hard-sided case with you at all times.
According to recent stats, TSA caught almost 6,700 firearms at checkpoints last year, and nearly all were loaded. The fine can hit $15,000, plus you could face criminal charges depending on where you are.
Keep in mind too that there are major differences between airports. Orlando and Dallas? Smooth sailing. LaGuardia or JFK? Absolute nightmare. Newark? Agents there almost seem disappointed if they don’t get to detain someone.
Regardless of the location in which you find yourself, remember that this whole process takes time. Even in a gun-friendly state, you’ll likely need at least an additional 45 minutes for check-in (and likely 90 minutes or more in a problematic state).
Consider avoiding flying with a firearm through any NYC airport unless it’s absolutely necessary. Most airlines have their own requirements beyond TSA rules. For instance, American Airlines limits ammunition to 11 pounds per passenger, and Delta requires specific handling forms. Always check your airline’s current policy before your trip.
This information was taken from the USCCA Web Site, from a document provided to give travellers and idea of what to expect or the challenges of travelling across State Lines with a firearm. This is not original work with the exception of a few personal additions, and is the property of the USCCA.
