Weapon Laws

Weapon Laws

The information contained on this website is provided as a service to the members of the concealed carry community and does not constitute legal advice. We make no claims, representations, warranties, promises, or guarantees as to the accuracy, completeness, or adequacy of the information disclosed. For up-to-date information please visit the official websites or consult an attorney.

State Laws Links
Federal Laws

Does the federal government issue a license or permit to carry a concealed weapon?

No. Neither ATF nor any other federal agency issues a permit or license to carry a concealed weapon. Carrying permits may be issued by a state or local government. Please contact your state’s Attorney General’s Office for information regarding permits to carry firearms.

H.R. 38 – 117th Congress (2021-2022)

Introduced in House (01/04/2021)

Concealed Carry Reciprocity Act

This bill establishes a federal statutory framework to regulate the carry or possession of concealed firearms across state lines.

Specifically, an individual who is eligible to carry a concealed firearm in one state may carry or possess a concealed handgun (other than a machine gun or destructive device) in another state that allows its residents to carry concealed firearms.

It sets forth requirements for the lawful concealed carry across state lines. The bill preempts most state and local laws related to concealed carry and establishes a private right of action for a person adversely affected by interference with a concealed-carry right established by this bill.

Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)

(Official Website)

Interstate Travel

Per federal law 18 USC § 926A, every U.S. citizen may legally transport firearms across state lines as long as he or she is legally allowed to possess the weapons in both the state of origin as well as the destination.

You can legally transport firearms across state lines as long as:

  • You can lawfully possess firearms in your state of origin.
  • You can lawfully possess firearms at your destination.
  • The firearm and ammunition must be stored out of reach (not in the glove compartment or center console).*
  • Although it may not be required, it is a good idea to lock your ammunition and guns in separate lock boxes in the trunk or anywhere out of immediate reach.

It is important to note that 18 USC § 926A only allows you to travel through, not to, the states in which it’s illegal to carry firearms. In states with strict gun laws (such as California, Hawaii, Massachusetts, New Jersey and New York), it may be a good idea not to stop at all. In addition, be sure to comply with any magazine and ammunition restrictions that are in place at your destination.

*Check the local concealed carry laws of each state through which you will be traveling to determine how your CCW permit affects this requirement.

TSA – Firearms

(Official Website)

Firearms

  • Firearms must be unloaded and locked in a hard-sided container and transported as checked baggage only. Firearm parts, including firearm frames and receivers, are prohibited in all carry-on baggage and must also be placed in checked baggage.
  • All firearms, ammunition and parts in checked baggage must be declared at the airline ticket counter during the check-in process.
  • Replica firearms may be transported in checked baggage only.
  • Travelers are encouraged to check regulations related to carrying firearms where they are traveling from and to, as laws may vary by destination.
  • Rifle scopes are permitted in carry-on and checked bags.
  • Consistent with the new ATF definition of firearm, TSA now considers frames, receivers, and 3D printed guns to be firearms under its civil enforcement program. These items remain prohibited items and must be transported in accordance with TSA regulations in a passenger’s checked bag. In addition, TSA considers a firearm to be “loaded” when both the firearm and its ammunition are accessible to the passenger. For example, if an individual has a firearm in accessible baggage and ammunition in his/her pocket, or any combination where the individual has access to both, the firearm is considered “loaded” for purposes of assessing a civil penalty.

Ammunition

  • Firearm magazines and ammunition clips, whether loaded or empty, must be securely boxed or included within a hard-sided case containing an unloaded firearm.
  • Small arms ammunition, including ammunition not exceeding .75 caliber for a rifle or pistol and shotgun shells of any gauge, may be carried in the same hard-sided case as the firearm, as described in the packing guidelines above.
Airline Travel

(TSA Official Website)

You may transport unloaded firearms in a locked hard-sided container as checked baggage only. Declare the firearm and/or ammunition to the airline when checking your bag at the ticket counter. The container must completely secure the firearm from being accessed. Locked cases that can be easily opened are not permitted. Be aware that the container the firearm was in when purchased may not adequately secure the firearm when it is transported in checked baggage.

Contact the TSA Contact Center with questions you have regarding TSA firearm regulations and for clarification on what you may or may not transport in your carry-on or checked baggage.

Cruise Ships

All weapons are prohibited on cruises due to cruise ship security regulations. Guns are not allowed, with or without a concealed carry permit. Mace, pepper sprays and knives of any type are prohibited.

TRAIN TRAVEL

(AMTRAK Official Website)

Firearms in Checked Baggage
Amtrak accepts reservations of firearms and ammunition for carriage between Amtrak stations and on Amtrak trains within the United States that offer checked baggage service and a ticket office. Thruway Bus Services are not be included in this service. The following policies are in effect:

  • Notification that the passenger will be checking firearms/ammunition must be made no later than 24 hours before train departure by calling Amtrak at 800-USA-RAIL. Online reservations for firearms/ammunition are not accepted.
  • The passengers must travel on the same train that is transporting the checked firearms and/or ammunition.
  • All firearms and/or ammunition must be checked at least 30 minutes prior to scheduled train departure. Some larger stations require that baggage be checked earlier. Please contact your departure station for more details.
  • All firearms (rifles, shotguns, handguns, taser guns, starter pistols) must be unloaded and in an approved, locked hard-sided container not exceeding 62″ L x 17″ W x 7″ D (1575 mm x 432 mm x 178 mm). The passenger must have sole possession of the key or the combination for the lock to the container. The weight of the container may not exceed 50 lbs/23 kg.
  • Smaller locked, hard-sided containers containing smaller unloaded firearms such as handguns, taser guns and starter pistols must be securely stored within a suitcase or other item of checked baggage, but the existence of such a firearm must be declared.
  • All ammunition carried must be securely packed in the original manufacturer’s container; in fiber, wood, or metal boxes; or in other packaging specifically designed to carry small amounts of ammunition. The maximum weight of all ammunition and containers may not exceed 11 lbs/5 kg.
  • The passenger is responsible for knowing and following all federal, state, and local firearm laws at all jurisdictions to and through which he or she will be travelling.
  • All other Amtrak checked baggage policies apply, including limits on the number of pieces of checked baggage, the maximum weight of each piece (50 lbs/23 kg).
  • Firearms/ammunition may not be carried in carry-on baggage; therefore, checked baggage must be available on all trains and at all stations in the passenger’s itinerary.
  • At the time of check-in, passengers will be required to complete and sign a two-part Declaration Form.
  • BB guns and Compressed Air Guns (to include paintball markers), are to be treated as firearms and must comply with the above firearms policy. Canisters, tanks, or other devices containing propellants must be emptied prior to checking and securely packaged within the contents of the passenger’s luggage.

Passengers failing to meet the above-mentioned requirements for checking firearms will be denied transportation.

BUS TRAVEL

Although you might have a concealed carry permit in your state, when you travel on a bus owned by a private entity you are required to follow their policies and regulations. Every major bus company  (Greyhound, Megabus, Trailways, Peter Pan Bus Lines) had a policy prohibiting firearms of any kind on their buses and in their cabins. The companies also prohibit ammunition and firearm accessories or parts of any kind.

Tribal Gun Laws

The U.S. Supreme Court Ruling May 2021:

A tribal police officer has authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law.

 

There are about 800 Native American Tribes listed by the Federal Government. A majority do not have their code online. Below you will find some links for you to take up the search further. There may be other instances of weapons listed in their code concerning firearms. This is also not the last word on Tribal Laws concerning firearms. This listing just gives you a place to start. Please look further. Tribal Law only applies to those who live on the Reservation. If you are carrying a firearm with a permit/license that is valid in the state the reservation is located in that permit/license MAY NOT be valid on the Reservation. They will most likely take the firearm and tell you that you can go to Tribal Court to get it back. Also, as long as you stay on the state roads through a Reservation you SHOULD be OK but some Tribes ordinances state you can’t carry a firearm in a vehicle or on the roads on their Reservation. Tribal Police in most instances work closely with the Local Law Enforcement surrounding the Reservation. If you are breaking a state firearms law they will most likely hold you and contact the local authorities. We recommend before carrying on any Reservation that you actually talk to those in charge and preferably get something in writing that your permit/license is valid on their reservation. Otherwise keep it unloaded and secured in your trunk or locked box in the back of a vehicle that does not have a trunk.

 

Some useful links:

Tribal Codes Online: http://www.narf.org/nill/triballaw/index.html

Federal Recognized Tribal Governments: https://www.usa.gov/tribes

Tribal Gov. Sites by State: Tribal Government Sites

Maps of Federal Lands and Native American Reservations: Maps