The good, the bad, the ugly: Traveling with firearms

  • Published
  • By Capt. Trenton White
  • 341st Missile Wing Legal Office
MALMSTROM AIR FORCE BASE, Mont. --  The weather is cooling down and with that comes an increased interest in firearms; most interest generated in the form of hunting. However, with the holidays around the corner, many people are also interested in giving or receiving a firearm as a gift. With both hunting and gift-giving, there is likelihood for interstate travel. For Airmen planning to take a firearm with them away from Montana, or returning to Montana with one, there are a few laws that they must become familiar with first.

There are several good websites, such as the National Rifle Association website, that contain information about carrying or traveling with weapons. There is even a "Guide to the Interstate Transportation of Firearms" that can help guide Airmen through many questions they might have.

Starting off, federal law governing the interstate transportation of firearms is found at Title 18 of the United States Code, beginning at section 921. A provision of the federal law known as the Firearms Owners' Protection Act protects, among other things, those who are transporting firearms for lawful purposes from local restrictions, which would otherwise prohibit passage. Interstate transportation simply means taking something from one state into another. Under this provision, someone driving from Montana to a competition in Maine with a locked, hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York for illegal possession of a handgun, provided that the individual did not stop in New Jersey or New York for an extended period of time. It should be noted that a federal appeals court has recently held that FOPA's protections only apply when the firearm is not readily accessible to the traveler and that staying in a hotel makes a firearm readily accessible.

The specific language of the statute states: "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."

That's a lot of legal-speak for basically saying that, unless there is another law superseding this law, anyone that is not prohibited from carrying a firearm (convicted felons, members dishonorably discharged from the armed forces, people currently under a restraining order from a spouse or child, persons convicted of a misdemeanor involving domestic violence, etc.), can transport a firearm to or from locations where he or she is allowed to have it so long as while driving or flying, the gun is unloaded, the gun and ammunition is not easily accessible by the driver or passengers, and the gun and ammunition is stored in a locked container - this cannot be the glove box or the console.

If members 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 trunk of the car. If the vehicle is of the type in which driving and living spaces are not separated, the problem becomes one of access. If the firearm 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, where it is inaccessible to the driver or any passenger. Once Airmen reach their destination, state and local law will govern the ownership, possession and transportation of firearms.

If traveling by airplane and anticipate taking a gun with, the Transportation Security Administration is the governing body and has very specific rules for flying with a firearm. Airmen can visit www.tsa.gov for more information, but should also check the website of whichever airline they are flying with for specific guidance. They tend to place a limit on the types of weapons and the amount of ammunition passengers can transport.

One thing to note: if transporting a firearm from Billings to Great Falls by automobile, then Airmen should only be concerned with Montana state law. (Commercial air is always federal even if flights are within the same state.) Montana is a unique state that has very liberal laws for the carrying and transportation of firearms. Currently, Montana does not regulate the transportation of firearms in a vehicle. However, depending on where Airmen live, certain municipalities may have local rules that govern having a weapon on a person or in a vehicle.

While this may seem like a lot of rules, the bottom line is simple: use common sense and treat a weapon as if it's not even there. Unload it, lock it and cover it up. Just remember that Airmen cannot transport guns or ammunition in a glove box, in a door or in a console in any state. If a gun is within reach, then members can potentially face criminal charges in any state in the country, even with a concealed-carry permit. A state permit is not necessarily valid in other states and definitely does not trump federal law. Airmen should make sure to check the laws of the state from which they are leaving, the state to which they are going and all of the states in between.

This information is not meant to discourage Airmen from traveling out of state to hunt, compete or give a gift. It is simply meant to make more informed travelers. For more information, contact base legal office at 731-2878.