Firearms for Self-Protection While Traveling Outside Your State: Part 1

This multi-part series looks at the ins and outs of traveling with a concealed firearm for self-protection. The first part will cover travel in states that are not your residence that are gun-friendly. The second part will cover travel in states that are anti-gun, and the third part will cover travel via commercial airlines. As always, I begin with my disclaimer: if you have any specific questions, you should consult competent legal counsel licensed in the appropriate state. This blog entry is not legal advice. I recently heard an incredibly wise firearms trainer and attorney say, "I am an attorney, but I am not your attorney."

Before you travel, you need to know that you may only carry a loaded firearm in another state if you do so in full compliance with that state’s laws. Some states will require a concealed weapons permit, while others allow for permitless ("Constitutional") carry. Some states may also grant additional rights, including a wider array of places where you can carry with a permit versus those that do not.

Traveling across, through, and to “Gun-Friendly States”

Reminder: even a gun-friendly state’s laws are likely very different than the laws you know well in your home state!

In a state that recognizes permitless carry, you may carry there without any issue if you follow those state’s specific laws. (For a map of states with permitless carry, see Fig. 1.)

In any state that does not recognize permitless carry, you may carry there as long as you either 1) have a permit issued by that state or 2) are traveling in a state that recognizes the permit that you have from your home state or another state. When another state recognizes your permit, that is referred to as reciprocity.

Reciprocity is one of the best reasons to get a permit, even if you live in a permitless carry state. As an Ohio permit holder, even though our state is permitless, I have access to an additional ten states where my permit is recognized versus permitless carry. Take a look at the map below (Fig 2.). My Ohio concealed carry permit is also accepted by any state in purple or beige, regardless of that state allowing permitless carry. This means I can drive to Florida from Ohio, passing through West Virginia, Virginia, North Carolina, South Carolina, and Georgia without running afoul of the law regardless of permitted or permitless carry. On the other hand, if I were to drive to Missouri through Illinois, that would present some issues.

If you’re preparing to travel to another state, it is your total and complete responsibility to know the laws of that state. As I tell my students frequently, “Officer, I didn’t know the law” won’t help you. Looking at a judge and a jury and saying that you didn’t know the law will not help you.

In some states, you can carry in a restaurant that serves alcohol (like Chili’s); in other states, you cannot. In some states, you can carry into a state park; in others, you cannot. In some states, the “no weapons allowed” signs have the force of law, and you can be charged with a crime if you ignore them. In other states, the signs are a mere suggestion where you may be asked to leave if you ignore them. In some states, you must disclose that you’re carrying immediately upon coming in contact with a law enforcement officer; in other states, you only need to disclose if asked. (However, I always tell my students it is common courtesy to tell an officer as soon as possible, regardless of what the law requires, but that’s just my personal opinion.)

State-by-State Firearm Carry Guides & Resources

The Traveler's Guide to the Firearms Laws of the Fifty States, a book by attorney J. Scott Kappas¹, is my first purchase every calendar year. This book is a concise and easy-to-understand guide in plain English to familiarize you with the laws of individual states. The website handgunlaw.us² is the most up-to-date resource that I also find myself looking at before every trip out of state. This website produces a PDF booklet for each state with a comprehensive explanation of every facet of firearms and self-defense law.

Other helpful guides, such as the NRA-ILA's website or concealedcarry.com’s book, Legal Boundaries by State, are available in print and in a continually updated PDF format.

Regardless of the resources you use, you need to remember that laws change frequently and can change without your chosen publication being updated fast enough to help you. Also, some questions are just too complex for books to answer. In that event, I highly suggest that you seek out the counsel of a 2A-friendly lawyer in your destination state to guide you before you get into trouble.

Don’t let this pre-travel research scare you out of carrying when you travel. Honestly, traveling armed to a gun-friendly state is easy as long as you pay attention to the laws and continue to use good judgment. By spending a few minutes familiarizing yourself with the laws of the states you’ll travel to or through, you can easily add this layer of protection for your family so you can still enjoy the ride.

Graphics:

Fig. 1 – Photo credit to USCCA.com  

Fig. 2 – Photo credit to handgunlaw.us