Maggie's Farm

Before you travel with a gun, you must be sure: 1. You have all the proper licenses to possess the gun in the state in which you reside; 2. You have all the proper licenses to possess the gun in the state of your final destination. Plan ahead. Make sure you know the law and comply with it. Not only do you need to know the laws on possessing guns, but you also need to know how guns have to be transported or stored. Some states require certain guns be carried unloaded and cased. Some require trigger locks.

A number of years ago, the NRA was successful in getting federal legislation that gives some protection to interstate travelers. The law is a "defense" to state prosecution. That means you have to bring the federal law to the attention of state officials. It will not prevent you from being arrested. When you go to court, you have the burden of proving you are entitled to the federal law exemption.

The federal law states that if it is lawful for you to have a gun where your trip begins and where it ends, you may transport the gun interstate so long as it is unloaded and locked in the trunk of your car. If you do not have a trunk in your car, the gun must be inaccessible to the driver and/or passengers in the car. This is not a blanket waiver for people who claim they are traveling interstate. It is very specific.

Unless you are legal in both states, proving to a judge what the is in two different states may be more difficult than you think. You also have the problem of proving where your trip began and where you intended to end the journey. Just because you say that you started in Maine and were going to Florida does not mean anyone has to believe you. The burden of proof is on you, not on the police. Some people play fast and loose with this provision. They are taking a big risk. If you get into trouble, your lawyer will argue the fine line of the law. She may be successful. It will be expensive. It will be stressful. It is much better to stay well behind the fine line of the law.