If I'm wrong there's a whole lot of misinformation on the subject out there.
Show me where we're all wrong brboyer.
DRIVING INTERSTATE WITH FIREARMS? FEDERAL LAW PROVIDES "SAFE PASSAGE" THROUGH ANTI-GUN STATES
By Bruce Colodny, Attorney at Law, Copyright 1997
Cross-country driving is another potential "legal trap" for gun owners. Some areas of the United States, for example Massachusetts or New Jersey, have extremely restrictive firearms laws. However, gun owners who are eligible and comply with a provision of federal law may lawfully travel through such areas despite state or local laws to the contrary.
In 1986, the 1968 Gun Control Act was revised by the enactment of the Firearms Owners' Protection Act ("FOPA"). Among the various FOPA provisions, the Act added 18 U.S.C. 926A (the "Safe Passage" act) to the Federal Criminal Code. This section applies to any person not prohibited under federal law from possessing firearms. Such persons may transport firearms from any place where they can lawfully possess and carry such firearms to any other place where they can lawfully possess and carry such firearms. For example a Florida gun owner may lawfully drive through Massachusetts to his ultimate destination in Vermont, provided he or she complies with the requirements of the federal "Safe Passage" act. Note, however, that it is not clear whether this act applies to transportation of firearms through the District of Colombia (Washington, D.C.).
To obtain the protection of the federal "Safe Passage" act, the firearm must be unloaded and neither the firearm nor any ammunition may be readily or directly accessible from the passenger compartment of the transporting vehicle. There is a further requirement that in the case of a vehicle without a compartment separate from the passenger compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
Neither case law nor the "Safe Passage" act itself defines "unloaded". Therefore, this writer strongly recommends that all transported firearms be completely unloaded. More specifically, an empty firing chamber is not sufficient. Be certain there are no live rounds of ammunition in the cylinder, magazine or clip whether or not attached to the firearm. Again, magazines and clips should be unloaded even if not attached to the firearm.
Another caution should be exercised when you are traveling in a hatchback, sport utility vehicle or motor home. Although such vehicles commonly have storage compartments, depending upon the configuration of a particular vehicle, factual questions may arise as to whether or not the storage qualifies under the Act as separate from the passenger or driver's compartment. In other words, unless your vehicle has a traditional trunk, this writer strongly recommends the use of both traditional locking hard-sided gun cases and separate locking hard-sided containers for ammunition. This is likely to be somewhat inconvenient but it is a small price to pay for the protection offered by the "Safe Passage" act against the severe (e.g. felony) penalties imposed by the anti-gun laws of some states.
The actual text of the Safe Passage Act reads as follows:
18 USC 926A
Interstate Transportation of FirearmsNotwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
"Decommissioned" Guns Nearly As Good As Confiscation
by Alan Korwin, Author
Gun Laws of America
......Even the widely hailed federal "Firearm Transportation Guarantee" (law # 18 USC 926A) relies on decommissioned guns. It was enacted as part of the Firearm Owners Protection Act in 1986, to help counteract high levels of federal abuse under the 1968 Gun Control Act. It guarantees a person the right to transport a firearm from any legal place to any other, anywhere in the country. However, the firearm must be unloaded and locked in the trunk, rendering it useless. If you bear it in any manner while you travel, the protection does not apply.
How Can I Legally Transport a Firearm Through Other States? You have a legal right under Federal Law to transport a firearm though any state of the Union provide you take a few simple steps, such as locking it in your trunk unloaded. This is a preemptive law -- local and state governments cannot take this right away from you, the Federal law preempts all local and state governments
The Interstate Purchase / Sale and Transportation of a Handgun:
May a non-licensee transport firearms for sporting or other lawful purposes?
Yes. Federal law provides a person, who is not prohibited by the GCA from receiving or
transporting firearms, the right to transport a firearm under certain conditions, notwithstanding
state or local law to the contrary. The firearms must be unloaded and in a locked trunk or, in a vehicle lacking a trunk, in a locked container other than the glove compartment or console.
the carrying and possession must be lawful at the place of origin and destination. [18 U. S. C.
926A, 27 CFR 178.38] 9_________________________________________________