Have Gun Will Travel – Considerations for Traveling With Your Firearm :: 11/27/2023

by: Klint Macro

Many folks ask, can I travel outside the Commonwealth with my firearm(s)?

The simple answer is “yes” however, life is rarely simple. There are real legal risks associated with traveling with firearms especially if you are crossing jurisdictional boundaries.

Traveling within Pennsylvania

If you travel with your firearm on your body within the borders of Pennsylvania IN or ON your vehicle, you MUST have your PA License to Carry a Firearm (LTCF). PA Law states that even if you are “open carrying”, you are considered “concealed” once you get INTO your vehicle or ONTO your vehicle.

If you do NOT have your LTCF, and you transport your firearm in or on the vehicle, the firearm MUST be unloaded and separate from the ammo in a “secure wrapper” and the firearm and ammo must be obviously outside of your reach or “wingspan”. “Unloaded” states that the ammo must not be in the same container as the firearm. The wording of the law is such that I would not recommend even having empty magazines in the same compartment as the firearm. However, if you HAVE your PA LTCF, you are “exempt” from transporting in this specific manner.

PA laws stipulate that (without a LTCF) you can ONLY transport your firearm directly (Point A to Point B) to specific places.

Home to “Hunting/Furtaking/Fishing” and back

Home to “Place of Instruction” and back

Home to “Place of Purchase, Repair, Appraisal, Sale or FFL” and back

Home to “Place of Relinquishment or Safe Keeping” and back

Technically, if you are hunting up in the Mountains, and stop for gas on the way to camp… you are committing a crime. Transport is permitted from point A to point B. With that said, having the LTCF exempts you from transporting in this specific manner.

With that said, there is NO LEGAL WAY to transport a loaded long gun in or on a motorized vehicle in the Commonwealth of PA.

You can read the specific laws by referencing Pennsylvania Title 18 Section 61. You can also attend one of the FOAC-ILLEA Concealed Carry / Gun Law Seminars to get a deeper explanation about the nuance and detail of PA Gun Laws.

This rifle case by Savior Equipment is a high-quality case and when you put 2 padlocks on it, most folks would agree that it meets the standard of “secure wrapper”. People in the airport won’t look twice at someone carrying a guitar case. When traveling it is best to not draw undue attention to yourself.

Interstate Transport with a Motorized Vehicle

When traveling THROUGH a state, you should be covered under the Federal Interstate Transportation law.

Fed Interstate 18 USC § 926A — Vehicle Carry Unloaded and Secured

Traveler must be able to legally possess the firearm.
Traveler must be transporting the firearm for any lawful purpose from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry such firearm.
The Firearm must be unloaded.
The Firearm or the Ammo FOCmust be outside the wingspan of the passengers.
In the case of a vehicle like a pickup truck or SUV, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console and as far away from the passengers as possible.
Ammo is recommended to be in a separate locked container.

Seems simple right?

Well, let me pose this question to you… Does the interstate travel law apply to you if you STOP in a particular state? If you stop, are you not subject to the state laws of where you are stopped?

Plan your routes carefully.

Because of the question I just posed, I would recommend that you even download or empty magazines and lock them separately before traveling through a “gun unfriendly” state. I recommend disarming, getting gas before you cross the border and drive straight through.

Of course, if you have a license to carry or reciprocity with that specific state, you should be exempt for transporting specifically as described above. However, be careful, some permits or licenses have restrictions for nonresidents.

Vaultek makes fantastic quick access storage boxes and many are TSA approved. They are excellent for home, office, and in the vehicle. However, some of this type of container will add extra weight to a checked bag. This may result in paying more to check the bag.

Driving an hour out of your way to minimize exposure to an unfriendly state might be time well invested.

Here is a good blog post about Federal Firearms Transportation Laws

Flying With A Firearm: Step 1 – Declaring The Firearm (and/or Ammunition)

Although the skies might be “friendly” not all airlines are “gun friendly”. With that said, I fly with a firearm or firearms often and it can be done with minimal drama, so long as you know the rules.

TSA rules state:

Firearms:

When traveling, comply with the laws concerning possession of firearms as they vary by local, state and international governments.
If you are traveling internationally with a firearm in checked baggage, please check the U.S. Customs and Border Protection website for information and requirements prior to travel.
Declare each firearm each time you present it for transport as checked baggage. Ask your airline about limitations or fees that may apply.
Firearms must be unloaded and locked in a hard-sided container and transported as checked baggage only. As defined by 49 CFR 1540.5 a loaded firearm has a live round of ammunition, or any component thereof, in the chamber or cylinder or in a magazine inserted in the firearm. For civil enforcement purposes, TSA also considers a firearm to be loaded when both the firearm and ammunition are accessible to the passenger. For example, if an individual has a firearm in accessible baggage and ammunition in his/her pocket, or any combination where the individual has access to both, the firearm is considered "loaded" for purposes of assessing a civil penalty. Only the passenger should retain the key or combination to the lock unless TSA personnel request the key to open the firearm container to ensure compliance with TSA regulations. You may use any brand or type of lock to secure your firearm case, including TSA-recognized locks.
Bringing an unloaded firearm with accessible ammunition to the security checkpoint carries the same civil penalty/fine as bringing a loaded firearm to the checkpoint. You may find information on civil penalties at the Civil Enforcement page.
Firearm parts, including magazines, clips, bolts and firing pins, are prohibited in carry-on baggage, but may be transported in checked baggage.
Replica firearms, including firearm replicas that are toys, may be transported in checked baggage only.
Rifle scopes are permitted in carry-on and checked baggage.

Ammunition:

Ammunition is prohibited in carry-on baggage, but may be transported in checked baggage.
Firearm magazines and ammunition clips, whether loaded or empty, must be securely boxed or included within a hard-sided case containing an unloaded firearm. Read the requirements governing the transport of ammunition in checked baggage as defined by 49 CFR 175.10 (a)(8).
Small arms ammunition (up to .75 caliber and shotgun shells of any gauge) must be packaged in a fiber (such as cardboard), wood, plastic, or metal box specifically designed to carry ammunition and declared to your airline.
Ammunition may be transported in the same hard-sided, locked case as a firearm if it has been packed as described above. You cannot use firearm magazines or clips for packing ammunition unless they completely enclose the ammunition. Firearm magazines and ammunition clips, whether loaded or empty, must be boxed or included within a hard-sided, locked case.
Please check with your airline for quantity limits for ammunition.

Check the policies of the Airline you are using to be sure that TSA compliance is enough.

Unload your gun before you go into the airport. Have your gun(s) unloaded and secured in a locked hard side container. Have the case locked when you check your bag and keep the keys ON your person as you travel. When you arrive at baggage check in (you must do this in person) inform the attendant that you need to “declare a firearm”. The airline attendant at check in MAY require you to open the case to show that it is unloaded. Sometimes they ask to see, sometimes they take your word for it but either way you will need to sign a card stating that the gun IS UNLOADED. Be advised that this little card is legally binding document.

The airline agent will have you sign this declaration card and they may tape it to the outside of the gun box OR they may request that you open the case and they place it inside.

DO NOT touch the firearm. If they ask you to do so, I recommend you respectfully request a manager. Pack the gun in the box where it can be visibly inspected and obvious that it is unloaded. I generally will have my pistol with the slide locked open NO magazine in the gun, with ammo separate from the gun. I may also include additional firearms and EDC components (pepper spray, knife, etc..) in the same locked case.

Here is the tricky part.

TSA will allow ammunition to remain in a magazine so long as the magazine is not inserted in the gun. The magazine IS a box/container designed to store ammunition. NOT ALL AIRLINES will allow magazines that contain ammunition. Be sure to check the individual airlines firearm/ammo policies.

My experience with United Airlines is that they are good with ammo in the mag so long as the mag is not in the gun. However, American Airlines will want the ammo in the original factory box or MAYBE in a plastic ammo box. Delta MAY want the magazine to be emptied. As ridiculous as it may sound, I have had attendants request that I put loose ammo in a sock and lock it in the case rather than in the magazine. Again, read up on the individual airline’s policies and give yourself EXTRA time to deal with delays and absurd interpretations of laws, rules, and policies.

Flying With A Firearm: Step 2 – The TSA Inspection

After the gun/ammo has been declared, the card has been signed, the case has been locked, some airports require you to physically take the case to TSA for inspection, others will throw it on the belt and ask you to stick around a while till you are “cleared”. I much prefer to take the case to TSA personally.

Here are a few pro-tips.

I recommend that you have the box LOCKED when you arrive at the gate and when you take it to TSA. Be ready to open it if you are asked by an agent.

I recommend that you write your cell number on the outside of the gun box. I also recommend that you have the gun box AND suitcase locked when you take it to TSA. Let them know you are traveling with a checked firearm and that the case(s) are locked, and you will stand by if they need you to unlock it. Make it easy for them to retrieve you if they need to open the cases.

Most of the time they will place the case onto a belt that runs it through a machine. If they waive and say, “you are good” I still wait to see them place the bag onto the conveyor that disappears into the wall… then I thank them. Sometimes, for whatever reason, they will want to open the case(s) to visually inspect or swab. This is where they will ask you to unlock the case and perhaps open it. DO NOT TOUCH the gun when you open the case.

When they are done, be sure they pack the case up, and LOCK the locks. I still wait to see them place the bag onto the conveyor that disappears into the wall… then I thank them.

If the airline agent places your bag on the conveyor and asks you to wait, they will typically ask you to wait 10-15 minutes for an “all clear”. Be sure to give yourself time to deal with this delay if you encounter it. If you end up leaving after the required wait time, keep your ears open for the intercom page requesting your presence. This is why I recommend putting your cell number on the box. Makes it easy for them to reach you if they need to get into the box and you have the keys. YOU CAN use TSA locks on your suitcase and or gun case. Then TSA will have a master key to open it. With that said, I would rather be the ONLY person that can open my property. The consequence to this is I might need to run back to baggage to open a case if I am paged. This is extremely rare but has happened. AGAIN… give yourself EXTRA time to deal with delays and absurd interpretations of laws, rules, and policies.

Flying With A Firearm: Step 3 – Baggage Claim

If you fly United, your case should arrive at the baggage carousel along with everyone else’s suitcases. If you fly American or Delta, you will need to get your bag from the baggage office where the oversized items are retrieved (like golf clubs and kayaks). If you fly American, they will escort the case to you and have it zip tied closed so that it is less convenient to open. Be sure to ask the baggage check in person where you will retrieve the case when you reach your destination.

Here are more pro-tips.

Download the airline ap on your cell phone and sign up as a “member”. This will give you the ability to track your bags in real-time using their ap.

Plan your layover smartly.

If your layover is in Newark, or JFK, or LaGuardia, (for instance) and you are stranded because of snow, and you take possession of your suitcase to go to the hotel and there is a firearm in the suitcase, you very likely will be arrested for illegal possession of a firearm. Remember, if you are “boots on the ground” in a state, you are most certainly subject to the laws of that state. There is arguably NO legal way for a non-resident of New York to possess a firearm in the state of New York. The same COULD be argued in other cities in non-gun friendly states. It is a felony to possess a magazine with more than 10 rounds in Massachusetts. It is a generally a crime to possess a hollow point in New Jersey. Be careful where you MIGHT find yourself and your personal property.

Whenever you travel know the laws of where you are, where you are going and where you are passing through to get there. Check for reciprocity. Be sure the state you are going recognizes your permit/license. If you are a PA resident but are traveling with a Florida, Utah, or Arizona non-resident permit, does the state you are traveling to or through recognize a nonresident permit?

I like to check the USCCA reciprocity maps before I travel. I will also cross reference the state’s specific attorney general’s website too. Not a bad idea to take a screenshot of it and have it on your phone.

Traveling with a firearm can be done. DO NOT make assumptions. Do your research, know the law and make smart decisions.

An Armed and EDUCATED Citizenry is the true check and balance in our Constitutional Republic and the ultimate Homeland Security.

Firearms Owners Against Crime