Transcription
19.95TRAVEL GUIDEFOR GUN OWNERSSpecial ReportTraveling With Firearms Safe passageCommon travel mistakesAir travelInternational borders and more.
As a gun owner, you mighthave questions abouttaking your gun with youwhen you travel. That’sprobably why the mostcommon questions wehear, above all others,pertain to traveling.Unfortunately, not everystate (or country) has acommon-sense attitudewhen it comes to gun law,and you want to make surethat a criminal convictionisn’t one of the souvenirsyou bring home.
THE SAFE PASSAGE PROVISIONUNDER 18 U.S.C. SECTION 926AAs mentioned previously, some statessimply just don’t like guns. Californiaand New Jersey prohibit magazinesthat carry more than 10 rounds ofammunition. California (the state)does not ban “Black Talon” ammunition. The city of San Francisco bans“Black Talon.” New Jersey prohibitshollow-point ammunition outside ofthe home. Maryland prohibits over 60specific firearms including any “copycat” firearms.So how do you travel safely throughgun-hostile territories? Luckily, Federallaw provides a “traveling” defensethat allows you, if you qualify, to travelthrough such states without runningafoul of local law. How then do youqualify for such protection?Travel Tip #1Make sure your tripbegins and ends in agun-friendly state.First, the beginning and end ofyour trip must be in states where itis lawful for you to possess a gun.For example, consider a Texan whodecides to vacation in Vermont: whilethe Texan must pass through veryunfriendly states such as New York andMassachusetts, it is lawful to possessa gun in Texas (where the trip begins)and Vermont (the destination).Since the beginning and the end ofthe road trip are in gun-friendly states,the first requirement of the SafePassage provision is met! Note thatif your end destination is New Yorkor Massachusetts, you don’t meetthis requirement, and you will have tocomply with the laws of those states.Travel Tip #2Your firearm must beunloaded and lockedup out of reach.Second, the firearm must be unloadedand placed in a locked containerthat is not readily accessible. Putyour unloaded firearm in a lockablecontainer, and place that containerin the trunk or as far away fromyou as possible while in the vehicle.Ammunition must also be lockedup and out of reach. The firearmand ammunition may be in thesame container—just make sure theammunition is NOT loaded into thegun. In New Jersey, it is recommendedthat you keep the ammunition inthe manufacturer’s box and NOT inthe magazine. Keeping the firearmin the glove box or center console isspecifically NOT allowed!DON’TDo not leave your firearm inyour glove box.
SAFE PASSAGE “TRAVELING”“Traveling” is a loose term in the Safe Passage Provision.Learn how to best navigate this slippery slope on your next road trip.Travel Tip #3Know the gunlaws of the statesyou are planningto travelthrough.Finally, a person must be “traveling.”There is no definition of traveling underthis law, but we do have some directionprovided by the courts. Generally, if aperson stops somewhere for too longthey are no longer “traveling,” and willlose the Safe Passage protection. Howlong does this time period last? Thelaws are unclear.Members can call the non-emergencyhotline to ask an Independent ProgramAttorney any questions regardingyour specific situation. Stopping forgas or restroom breaks probablydoes not disqualify you from the“traveling” protection. However, anystop for an activity not directly relatedto traveling could be considered adestination. Thus, you would lose thelegal protection. For example, anyonestaying in Chicago for more than 24hours is not considered to be travelingunder local policy. Likewise, a Texandriving back from Maine who stoppedto take a nap in a parking lot in NewJersey received 5 years in prison forpossession of illegal firearms andammunition underNew Jersey law.Stopping for toolong may removethe Safe Passageprotections.A parting thought on the traveling law: you can follow the law to a T, and still end uparrested! Some states treat the Safe Passage Provision as an affirmative defense. This meansthat someone can be arrested, charged with a crime, and that individual must raise the SafePassage Provision as a defense in court to have the case dismissed. So, if at all possible, try toavoid firearm-unfriendly states; if unavoidable, comply with the Safe Passage Provision andget through the state as fast as you can (without breaking the speed limit, of course)!
AIR TRAVELRoad trips may not be your cup of tea. Fliers beware.Know what it takes to reach your final destination with your liberty intactwhen flying the spacious skies.Some prefer to fly to their destinationstate, but are not familiar with the TSAregulations. This makes many peoplefrightened to fly with their guns.However, if you comply with the law, itwill take the mystery and danger outof air travel. Keep in mind, these areonly the requirements to fly with yourfirearm; you must still follow the laws ofthe destination state once you arrive.TSA Requirements*:Firearm must be unloaded.Firearm must be in a locked, hardsided container. Only YOU shouldhave the key!Place ammunition in themanufacturer’s packaging. It maybe secured in the same hard-sidedcontainer as the firearm.Declare the firearm at the checkin counter. The agent will want toensure that the gun is unloaded,and will probably direct you tolock the hard-sided containeronce their inspection is complete.It’s always a good idea to callyour airline ahead of time to makesure they don’t have additionalrequirements.* TSA Requirements list applies to checked baggageCHECK YOUR CARRY-ONNOOKWhat cannot go into your carry-on?All firearms, ammunition, firearm parts,magazines, bolts and firing pins, andreplicas of firearms (including toys)must be in checked baggage. Whatcan go in your carry-on? A rifle scope.3,391Firearms foundby TSA**Source: Transportation Security Administration 2016WARNING! If there are flightcomplications causing the aircraft toland in a gun-hostile state, such as NewJersey, DO NOT take possession ofyour luggage with the firearm. Onceyou take possession of the baggagecontaining your weapon, you could becommitting a crime! If this happens,simply refuse to take possession of thebags; the airline will forward them totheir final destination.
INTERNATIONAL BORDERSBe prepared when the open road calls you across borders.Know the law and prevent your own nightmare scenario.PICTURE THISYou’re hitting the road andyour destination is south ofthe border.Unaware of the law, youattempt to cross the borderwith your firearm.It is very easy to drive across theborder into Mexico to get authenticMexican food or to visit the beautifulbeaches, and to want to bring yourgun along for the ride. But don’t doit! Let us say it again: absolutely donot enter into Mexico with firearmsor ammunition. It could land you in aMexican jail for an indefinite amountof time. Do you remember the fiascothat Marine Sgt. Andrew Tahmooressiendured for entering Mexico withweapons? If not, look him up, and itwill change your mind.48U.S.–Mexico bordercrossing locationsUnfortunately, you’ve nowbeen arrested and your fatelies in the hands of a foreigngovernment.Likewise, sometimes while travelingthrough northern states you may betempted to pop into Canada for aday trip. Canada generally restrictsentrance with a handgun. If you arecaught with one, you can be chargedwith a number of possession andimportation violations. Even the mostlenient punishment could land you inCanadian prison for up to 5 years.The good news is that most riflesand shotguns can be brought intoCanada for lawful hunting and sportingpurposes. Make sure that you fill outa Non-Resident Firearm DeclarationForm prior to arriving at the border.There will be a 25 fee and thedeclaration will be valid for 60 days.
As you can see, traveling isfilled with potential perilsfor the average gun owner.To make matters worse,if you’re traveling acrossstate lines, you’ll have to beaware of the laws of eachindividual state you passthrough! Ignorance of thelaw is no defense, so setaside some preparationtime before your trip tomake sure you know thelaw. Happy travels!
tion. The city of San Francisco bans “Black Talon.” New Jersey prohibits hollow-point ammunition outside of the home. Maryland prohibits over 60 specific firearms including any “copy-cat” firearms. So how do you travel safely through gun-hostile territo
