Texas-Book-Gun Law Armed And Educated - Flipbook - Page 374
X. TRAVELING ACROSS STATE LINES WITH FIREARMS
Many people vacation and travel outside of Texas. Naturally, no
Texan wants to travel unarmed if they can help it, but, unfortunately,
not every state shares the same views on gun ownership and gun
rights as we do in the Lone Star State. This is especially true in
the northeast corner and west coast of the United States. How then
does a person pass through states that have restrictive firearms laws
or those that are different from Texas? For example, how does a
person legally pass through a state that prohibits the possession
of a handgun without a license from that state? The answer: Safe
Passage.
A. Federal law: qualifying for firearms “Safe Passage”
Traveling across state lines with a firearm means that a person
may need to use the provisions of the federal law known as the
“Safe Passage” provision. Federal law allows individuals who are
legally in possession of firearms in their state (the starting point
of traveling) to travel through states that are not as gun-friendly.
This protection is only available under federal law to transport
such firearms across state lines for lawful purposes, as long as they
comply with the requirements of the Firearm Owners’ Protection
Act, 18 U.S.C. § 926A, nicknamed the “Safe Passage” provision.
The first requirement to qualify for the federal Safe Passage
provision is that throughout the duration of the trip through the
anti-firearm state, the firearm must be unloaded and locked in the
trunk, or locked in a container that is out of reach or not readily
accessible from the passenger compartment. The ammunition also
must be locked in the trunk or a container. Note that for the storage
of both firearms and ammunition, the glove box and center console
compartment are specifically not allowed under the statute.
Law Of Handgun Carry: Part III 363
