Have Gun, Will Travel...

2017-06-19T21:06:45

A typical setup that is compliant with TSA and airline regulations for travel

It's summertime. Barbecues, the beach (or your local lake...), and of course, vacations. However, criminals and those who seek to do innocent people harm don't take time off. Trouble can strike anywhere...

So of course, your self-defense habits shouldn't take a break either. Fortunately, for the bulk of the US population, it isn't a big issue to tote along some defensive hardware during travel...

Reciprocity, it's a thing

In-state, of course, isn't an issue. The bulk of the states that respect the Second Amendment have strong pre-emption laws, and local municipalities cannot pass any firearms-based legislation which is stricter than the state-level legislation. For example, Miami Beach, whose resident population is largely hoplophobic, cannot pass a law prohibiting any firearm made after 1902, for example. Even though they really, really want to. So, your GLOCK 19 and two spare 15-round magazines are good-to-go for carry all over Florida if you have your concealed-carry license.

As an extension, your Florida CWFL enjoys what we call reciprocity, which is that 38 states (as of this writing) respect the Florida permit, enabling you to carry your firearm in those states as if you were in Florida. However, reciprocity does mean you have to respect the local minutiae with regards to firearms laws.

For example, if you go to Texas, you have to respect the state's 30.06 and 30.07 signs. Both signs indicate two provisions of Texas firearms law, which allow business owners to prohibit concealed carry (30.06) and open carry (30.07) on their premises, and have the force of law backing them up. Which basically means that a business owner can post a properly-formatted 30.06 or 30.07 sign to prohibit firearms possession on their premises, and if you violate that, you could be charged with a crime. Whereas in Florida, a business can prohibit you from carrying, but it's policies don't have the force of law. The only thing the business can do is ask you to leave. If you stay, you are guilty of armed trespass, but just by entering with your gun, you aren't necessarily committing a crime.

It works the other way too, which is quite convenient in some cases. For example, here in Florida, CWFL holders cannot carry their firearms openly. We're the Gunshine State, but we cannot openly display our firearms in public places, outside of a lawful self-defense situation, and a few narrowly-defined exemptions as per <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.25.html"target="_blank">Florida statute 790.25. However, if a Florida CWFL holder goes to Georgia, he or she can carry openly without many restrictions if they so wish.

Conversely, both Texas and Georgia residents have to abide by our specifics as well. A Georgia resident has to conceal his or her firearm when going south of the state line, and a Texas resident doesn't have to fear prosecution from an overzealous shopkeeper who spots the erstwhile Texan carrying a firearm in his shop.

As an aside, I should take this time to remind everyone I'm not an attorney in the State of Florida or anywhere else on this planet. This is all observations, research, and advice. For a solid discussion on reciprocity and detailed citations on firearms laws, please go to handgunlaw.us - it's the most comprehensive resource on firearms laws on the internet.

When the rubber meets the road

For the most part, if you live in a state that respects firearms freedom, and choose to travel to a state where you enjoy reciprocity, it's a good bet you'll be able to carry without any issues. Just stick to your usual carry routines and be aware of the local variations in the laws.

However, unfortunately, there are a few states in this great nation of ours who do not hold true to the ideals of the Bill of Rights. You know the ones. California, New Jersey, New York State (especially New York City), Massachusetts, and so forth. In those jurisdictions, carrying a firearm, even for residents, is often difficult due to the heinous may-issue policies, and reciprocity is but a dream. Technically, by the law of the land, most notably the Firearms Owners Protection Act of 1986 (yes, the same one with the insanity of the Hughes Amendment banning new machine guns for civilian purchase), all states in the Union have to respect "peaceable journey", i.e. if you are passing through, they cannot prosecute you for a firearms violation.

However, peaceable journey is a business fraught with peril. For example, if you live in Kentucky, a state which mostly respects the Second Amendment, and are seeking to go to New Hampshire via road, you have to journey through several states, including the firearms-phobic New York State. Carrying your firearm in a normal manner (i.e. on your hip in a proper holster) is legally permitted in Kentucky, Ohio, and Pennsylvania on your journey. However, New York State does not honor out-of-state permits (unless you are an active or retired law enforcement officer covered by the Law Enforcement Officers' Safety Act aka LEOSA- and even then there's checks on that...) and only has to honor peaceable journey laws. Massachusetts is much the same.

In a strict sense, both states respect of peaceable journey would require you to disarm for the duration, and keep your firearm locked up and unloaded in the trunk of your vehicle, with the ammunition stored separately. However, when the rubber meets the road, the law enforcement officers in those jurisdictions enjoy a broad latitude in interpreting the laws as written. It is fairly likely that you will be detained for a long time, and perhaps arrested, if you choose to drive across those states and are discovered with a firearm not authorized by those states. From a legal risk perspective, you shouldn't cross, and definitely not stop for any duration of time, in either of those states. The police will most likely prosecute and force you, at your own expense, to sort things out later. It's the sad reality.

My advice, if you find yourself needing to transit this "wall" of anti-gun states, you should perhaps think about flying to your final destination. Which is expensive, I know. But if you must, the extra cost of a flight to a regional airport in New Hampshire may very well offset the cost of fighting for your rights and firearms in some courtroom in New York.

The NRA has an excellent real-world guide to the realities of transporting your firearms through gun-friendly, and gun-hostile jurisdictions.

Planes, trains, and automobiles...and maybe boats

Of course, the journey process itself requires some forethought, other than my recommended avoidance of anti-gun states. For the most part, if you are journeying through firearms-friendly states with reciprocity agreements with your home state, your gun only need be properly holstered (and concealed if warranted) as if you were driving around at home. The family and I drove to Georgia a few years ago, and I kept my VP9 holstered as if I were driving from Miami to Naples. No adjustments needed.

Flying is a different ball of wax. People fly with firearms every day, but there are certain procedures that must be followed. Most notably:

Going overseas - forget about it

Well, don't discount going overseas. I just returned from a wonderful honeymoon in the UK with my wife. Overseas travel is well worth the experience.

Just forget about bringing any firearms overseas. Yes, I'm well aware big game hunters and competition shooters do this all the time, but there are a myriad of restrictions from both the US government and foreign governments concerning the transport and temporary import/export of firearms. As an example, in a lot of countries, rifle competitions are only carried out with .22LR firearms as it's really the only caliber that even anti-gun countries will allow. Or in the case of big game hunters, they sometimes will just rent the appropriate firearm from their hosts. But, as a civilian, you can pretty much forget about figuring out a way to travel with your trusty sidearm to navigate the mean streets of Bratislava.

In that vein though, you don't necessarily have to be unarmed. Basic sense and situational awareness will keep you out of most trouble, and in a pinch, hand-to-hand techniques and improvised weapons can be quite effective. I'll detail those techniques in a forthcoming article.

Enjoy yourself, regardless

It's your vacation, right? Whether you can exercise your rights, or not, remember to enjoy yourself!