Interstate Transportation of Firearms

Interstate Transportation of Firearms -The McClure-Volkmer Act

Planning a cross-country trip?  Not sure how to travel with your firearm through each states?  Even though state laws vary, Federal law allows for the Interstate Transportation of firearms through all states in a vehicle.  The McClure-Volkmer Act makes it easier for the traveling public to ensure they stay legal even in restrictive states.  The act  makes interstate transportation of firearms less restrictive.

The McClure-Volkmer Act, created in 1986 and listed in the U.S. Code is an amendment to the Gun Control Act of 1968.   If you are traveling THROUGH a state that would otherwise make it illegal to possess a firearm while in that state, the McClure-Volkmer Act allows you to transport your firearm through the restrictive state.

Firearm and Ammunition Separated!

State such as New York, New Jersey, Massachusetts, California and Maryland, just to name a few have very restrictive firearms laws.  However, travel through restrictive states with your firearms is still legal.   As a result of the McClure-Volkmer Act, states may not keep you from traveling through with your firearms.  However, you must follow the rules established by the act.  Consequently, your firearms must be unloaded.  No ammunition in the firearm.  No loaded magazines kept in the same container as the firearm.   Additionally, the firearm must be cased in a gun case, stowed in the trunk of the vehicle or vehicle storage compartment.  The firearm therefore, is not readily accessible.  Ammunition must be in a separate container and separate from any firearm.  For vehicles without a trunk or lockable storage compartment, the gun case in which the firearm is stored MUST be locked.  Even if your center console or glove box locks, firearms may not be stored inside these compartments.

Traveling Through – NOT Stopping In.

Traveling through literally means traveling through.  This means that you cannot be stopping in the restrictive state.  Although it is likely that a stop for gas along your route would not cut off the protections of the act, if possible fill the tank prior to entering the restrictive state and travel straight through.  We have heard stories of traveler arrested in New Jersey when she got a flat tire.  A Trooper stopped to help her change the tire.  While retrieving the spare tire from the trunk, he spotted a gun case and arrested her.  In other words, we advise that you use the restroom and stop for gas before entering a restrictive state.  Any extended stops would nullify the “through” travel and cut off the protection of the act.  Consequently, you would then be subject to the laws in that state.

Firearms and Ammunition Only!

The McClure-Volkmer Act only references firearms and ammunition.  As a result, the law may not apply to  high capacity magazines, or other components or additions to firearms that are prohibited in a restrictive state.

Start and End Points

The McClure-Volmer Act only allows the Interstate Transportation of Firearms when you can lawfully carry in both the places where you begin and end your trip.  Traveling with proof of your destination may help you convince law enforcement that you are only traveling through.

About the Firearm Firm

Our strong belief that gun owners should be armed and educated is at the center of everything we do.  All gun owners should learn about their rights and responsibilities.  We speak at seminars throughout the state of Florida.  U.S. LawShield subsidizes the cost of these seminars so that you only pay $10.00 to attend.  Come see us speak at Active Shooter and Gun Law Seminars.  For a complete schedule visit www.gunlawseminar.com.   Further, if you have any questions about Florida Gun Law, or any other firearm related questions, visit our website, search our knowledge base, or leave a question for us to answer.

The Firearm Firm is a statewide Second Amendment and Self-Defense law firm proudly serving the people of the State of Florida.

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida.   There, he gained invaluable experience analyzing how...
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