Part 2: Traveling Across, Through, and in "Anti-Gun States"

This is the second part of a multi-part series that examines the ins and outs of traveling with a concealed firearm for self-protection. The first part covered travel in states that are not your residence and are gun-friendly. This post will cover travel in anti-gun states; the third part will cover travel via commercial airlines. As always, I begin with my disclaimer that if you have any specific questions, you should consult competent legal counsel licensed in the appropriate state and that 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."

I write this avoiding the temptation to rant about the unconstitutionality of firearms laws or the clear lack of Full Faith and Credit for out-of-state concealed carry permits in unfriendly states. (Note: Gun Owners of America filed a suit in February 2024 against the State of New York for failing to honor other states' permits in the same manner that they honor other out-of-state licenses, such as driver's licenses. Constitutional rights don't stop at state lines, but I digress.)

The examples I am using for the purpose of this blog assume you have an Ohio Concealed Handgun License, but the same would be true for your home state's permit and the states that would honor or not honor your state's permit.

The states in red in Fig 1 are the usual anti-gun states that don't recognize an Ohio permit and likely few, or no, other states' permits. Nor do they recognize permitless carry, so it is not legal to carry a firearm in those states without that state's permit.

Before you prepare to travel, it is worth researching the laws of every state that you plan on traveling through. Websites such as www.handgunlaw.us or the most current edition of attorney J. Scott Kappas' book, The Traveler's Guide to the Firearms Laws of the Fifty States, are comprehensive and trustworthy. I suggest reading both sources prior to leaving your home state for a thorough and current examination of the laws ahead of you.

Firearms Owners Protection Act of 1986 ("FOPA")

Federal law, via the Firearms Owners Protection Act of 1986 ("FOPA"), allows you to transport a firearm across state lines through any state, including an anti-gun state, so long as that firearm is legal in both your home state and your destination state.

To be clear, FOPA does not allow concealed or open carry; all it does is give some right to "safe passage," meaning that you’re traveling through a state with no intent to stay for any period of time. To further ensure your safe passage, you MUST unload the firearm, secure it (locked) where it cannot be reached from the passenger compartment, and secure the ammunition in a separate location from the firearm.

The interesting question here is: what exactly qualifies as "passing through a state" under FOPA?

This grows complicated in unfriendly states because the definition of "what is considered traveling through the state" can be interpreted in many different ways. Stopping for food, gas, or a restroom is likely safe. If stopped or involved in any incident where law enforcement may find out that you have a firearm in your vehicle, all bets may be off. An aggressive prosecutor or law enforcement officer may take something legal under FOPA and make your life incredibly miserable. To me, staying overnight at a hotel or a family member's house while passing through is questionably on the line of FOPA protections.

Before Crossing State Lines into Anti-Gun States

My advice to clients and students when driving across an unfriendly state may seem excessive, I know, but hear me out. It's easier to be proactive and avoid the massive problems you may face if you run into an unfriendly law enforcement official. My suggestions are simple: plan ahead before you hit the state line by fueling up, using the restroom, obtaining any food/beverage desired, unloading, separating your firearm and ammo, making both inaccessible from the passenger compartment, and considering making the gun inoperable by disassembling the slide. All should be done before you hit the state line. Do that with the intent of passing through as quickly as possible, with as few stops as possible.

Again, I know I sound paranoid, but I would rather take every step possible to avoid trouble. Several years ago, my wife and I traveled through Pennsylvania to Virginia, requiring a 2-mile jaunt through Maryland. The temptation to just keep traveling with my "friend" on my side was considerable, knowing we'd be in enemy territory for under three minutes but knowing that all it would take would be a traffic accident or a blown tire to end up with a very uncomfortable interaction with the Maryland State Police. Rather than risking fumbling to lock up a gun under time constraints and stress, or worse yet, answering questions about what was on my person, it was just easier to separate and lock it up at a truck stop well north of Maryland.

When traveling across anti-gun states, you must also know those states' laws regarding magazine capacity limits, ammunition restrictions, restrictions on suppressors, and more. For example, when driving through New Jersey, you should beware that the state limits magazines to a maximum 10-round limit. So unless you are transporting hollow point bullets while traveling to or from the range or a hunting trip with a valid permit, it is illegal to possess them. In other words, what may have been legal 50 feet ago in Pennsylvania became a crime the moment you crossed into New Jersey.

Again, my suggestions may sound extreme. I would rather err on the side of taking a few extra minutes, despite my constitutional bullheadedness, to be a law-abiding citizen and not end up in handcuffs. Intent matters, as does perception, and doing everything you can to honor the state's laws while passing through, with FOPA's protections, may go a long way.

Fig. 2 – Photo credit to handgunlaw.us