interstate

I constantly run into the very common misconception that it is somehow illegal to transport firearms across state lines.
This is emphatically untrue, and I suspect that it stems from a 1968 prohibition against engaging in “interstate
commerce in firearms across state lines” without benefit of a Federal Firearms License, which all legitimate gun dealers
and gunsmiths have. The truth of the matter is that you may travel freely with your firearms throughout the country by
ground, you simply have to comply with the laws of the state you are traveling in from the moment you cross their
border and enter, until you leave.

In planning your trip, you will find that many states honor your Virginia permit, and if so, for that state, the problem is
solved. Carry as you would normally at home. Please be aware that in most states, there are restrictions placed on
private citizens carrying handguns, even with permits, and those restrictions in other states may not be identical to
those of Virginia, even though that state honors a Virginia permit. It is up to you to know the target state’s restrictions
before you carry a gun there.

Moving down a bit on the convenience scale, other states may not recognize your permit, but may allow you to get one
of theirs. If you have time and you feel it is worth the trouble, or you plan to visit repeatedly, go ahead and apply. For
example, Maine pretty freely issues non-resident permits, so if you wish to travel there on a regular basis to harass the
bears, by all means go ahead and apply for one.

If that won’t work in the state you plan to visit, check out www.usacarry.com or a similar site for that state’s so-called
“open carry” rules. You may find that under the laws of the state in question, you may carry openly although not
concealed. That might at least allow you to have your firearm on the seat beside you for self-defense purposes, but
you might want to weigh the tricky nature of managing a traffic stop with an exposed weapon and the safety issues
involved before deciding to proceed this way. Also, be aware that most “open carry” rules require that a weapon be in
“plain view”, and a criminal conviction may hinge on a disagreement between you and an officer about what was or was
not in “plain view” at the time of your encounter. Trust me, the officer is going to win this one.

So, what do you do if the state you must visit, or merely drive through, is one of those places that is not at all firearms
friendly, let’s say, The People’s Republic Of Maryland? Here is where the federal law comes to your rescue. The
Firearm Owner’s Protection Act of 1986 (FOPA) which was part of the Volckmer-McClure budget bill of that year,
provides a limited exemption to more restrictive state laws for bona fide through travelers. First, the possession of your
firearm must be legal at the point where you started your trip, and legal at your destination. Keep in mind that
possession must be legal, not concealment. If that is the case, if all else fails, you may unload your firearm and put it in
a case, store the ammunition separately, make sure that both are not accessible to you (of course making the gun
useless for self-defense) and that they are stored in the rearmost covered cargo compartment of your vehicle. Then,
insure that your actions are consistent with those of a bona fide through traveler, not someone who is staying in the
state for a while. Under this set of convoluted conditions, you are protected from successful prosecution under state
laws, which may be more restrictive. FOPA simply allows you to get through the state in question and go somewhere
where they like your gun better.

Don’t think for a moment that you are going to be able to explain the provisions of FOPA to a police officer on the side
of the road. He’s going to take your guns if he knows you have them, because that is what he has been trained to do.
He may arrest or cite you as well. Be polite and let it happen. Get a receipt for your firearms and then call your attorney
to get them back and assert your rights before your court date. Unfortunately, given how some “evidence guns” are
stored in some places, by the time this happens, you may not really want them. Generally this type of treatment is only
encountered when you begin motoring up the Northeast coastal corridor, something I try my level best to avoid. When I
have to go, and wish to take a firearm along for protection in my hotel or other temporary residence, I try to take
something which while reliable enough for defense, I am not emotionally or financially attached to. I keep a couple of
former Soviet Union Makarov pistols for this purpose for example.

Please be aware that it is impossible to gauge the reaction of every single police officer or public official to the
presence of your weapon, or how rules are applied outside of your home state for which you presumably will have a
concealed handgun permit. It is up to you to thoroughly research the rules of other states and/or localities about
carrying and transporting weapons before proceeding. Also be aware that even within Virginia, there are certain old
local ordinances that may prohibit open carry of firearms. These ordinances may not be enforced on permit holders,
but if you don’t have a permit yet, they would still apply to you. The best course of action is to get your permit as quickly
as you can.

FLYING WITH WEAPONS

Yes, even post 9/11 it is still possible and legal to fly on a commercial airline flight and take your handgun along in
checked baggage. Here’s how:

1. Domestic flights only. Don't even think about traveling internationally with a handgun these days. Long guns for
hunting trips may be okay, but there’s a ton of paperwork to do to get these into most foreign countries.

2. Place the unloaded gun in an FAA approved hard side lockable case. While the regulations may not actually say it
must be locked, I would provide a lock anyway.

3. Place the now unloaded and cased gun in a piece of your baggage that will be checked in at the time you board your
plane. The gun must not be in carry-on luggage. I normally put the cased gun in an easily accessible compartment of
the bag to be checked, to facilitate inspection at check-in, without everyone having to see my underwear. Ammunition
should be separately packed, not loose, and not in the case with the handgun. Ammo must not be in carry-on luggage
either. I normally place it in another compartment of the same checked baggage that contains the gun.

4. Arrive at the ticket counter (you can't use curbside check-in) early enough for the bag to be inspected when the
firearm is declared. I usually add 15 minutes to whenever I think I need to be there. When you get to the counter, tell
the representative that you are "declaring an unloaded firearm in checked baggage". They will ask to see it, and have
you prove that it is unloaded and locked up. They may escort you to another area to do this, or do it right there in line.
They will then have you fill out a bright orange tag that says "Unloaded Firearm" or words to that effect. Sometimes the
clerk will attempt to fix this tag or another identifying your bag as containing firearms to the outside of your luggage.
This is strictly against the law, and they must not be allowed to do it since the tag yells, "steal me" on a luggage
carousel. The tag you filled out goes inside the bag! Call for a supervisor if they try to do this to you.

At this point, you and your luggage are going to see a representative of the TSA, who may also ask to see if your
firearm is unloaded, and who will often ask you to lock the gun in its case to which you have the only key. The TSA
representative will then seal your baggage with plastic ties and take it from you for insertion in the screening system
and you’ll see it at the other end.

5. For this whole process to be legal, the possession of the firearm must be legal where you start your trip, and where
your trip ends, or the whole thing is unlawful. Concealment doesn't have to be legal, but possession does. You need
not concern yourself with the law in intermediate destinations that you may fly through, since your bags are still in
airline custody. In the unlikely event that you are asked to retrieve your bag in someplace where the possession of the
gun is unlawful (such as New York for non-residents), then tip a skycap to get the bag and take it to the airline's secure
storage area until you leave on your next flight. He's not breaking the law, since the bag is still in airline custody, but
you would be violating the law to take the bag in such a place.

6. Do not attempt under any circumstances to fly with Mace or Pepper Spray, either in carry-on or in checked
baggage. Carry-on is unlawful, and the stuff normally leaks in the baggage compartment due to pressure changes,
ruining all your clothes.

7. When flying with a knife, or anything sharper than your fingernails as I am sure you know by now, you'll have to put it
in checked baggage, but generally there are no other restrictions on standard knives in checked luggage.