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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.

Carrying Guns to another state

Carrying Guns To Another State

Attorney David Katz goes over what you need to know about carrying guns to another state. If you have any specific questions, please feel free to reach out by submitting your question for us to answer with the form on the right or contact our firm to discuss your issue.

Attorney Tom Olsen: Hey everyone. We’re going to get back on the air with us Attorney David Katz. He’s a criminal defense attorney with US Law Shield. I’ve asked him to come back on the air today because we’ve got another great question. David, are you there with us?

David: I am.

Attorney Tom Olsen: So, David, the great question I got from of the other listeners is this; you have a concealed weapons permit, here, in the state of Florida. What happens when you leave the state of Florida? What can you do?

David: It depends on what state you’re going to. There are many states that recognize full reciprocity. Florida’s concealed weapon’s carrying permit is a little different than some states because it doesn’t cover just firearms. It covers a wide-range of weapons, so it really depends on what state you’re going to, depends on what you can carry when you get there. There are some that recognize Florida’s permit for only firearms, some that recognize it for anything covered under Florida’s permit, some that don’t recognize it at all. It really depends on what state you’re going to.

Attorney Tom Olsen: Tell me the best practice. If you’re in Florida and you are going to drive to Colorado, and you’re carrying some guns in the car with you. What’s legal? What’s best practice as far as driving from Florida to Colorado with guns in your car?

David: Honestly, that’s one of the services that US Law Shield offers, besides protecting the members if they have to use their firearm. We offer a free toll-free number people can call with questions. If somebody were to call me with a question, I would find out what state they were going to and let them know whether or not they could carry in that state, because unfortunately each state has different laws. The best thing to do if you’re planning a trip, either go online and research the gun laws yourself or you could give a call to an attorney and ask, hey, I’m going to this particular state, can I carry?

Attorney Tom Olsen: Tell us again about US Law Shield.

David: Yes. US Law Shield is an insurance program, that for $10.95 a month, the members are protected 100% of all legal fees are paid for both civil and criminal cases if they’re ever forced to use their gun, or any weapon. When I say use, I don’t mean they actually have to shoot somebody. We actually do a lot of illegal exhibition cases, anything that our members can get in trouble with when it comes to carrying their weapon. It’s 100% coverage. It’s not a reimbursement plan, they don’t have to come out of pocket for anything.

Attorney Tom Olsen: Thank you. We appreciate it. That’s David Katz. He’s a criminal defense attorney with US Law Shield. Want to know more about their service, go to their website USLawShield.com and you’ll find more about that program. Sounds very worthwhile for gun owner’s here in the state of Florida. By the way, US Law Shield is also sponsoring a Firearms Law Workshop. It’s going to happen at Shoot Straight in Castleberry. You want to go to that Firearms Law Workshop, learn all about gun laws, get informed, get educated, well, call Shoot Straight in Castleberry. They can give you some more information. Shoot Straight’s phone number is 407-834-2242.

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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