Driving Across State Lines With a Handgun: FOPA Basics

Federal law offers a narrow path for moving an unloaded firearm through states that would otherwise restrict it. It is narrower than most travelers assume.

What 926A is, in plain terms

Congress passed the Firearm Owners Protection Act in 1986, and one of its provisions, codified at 18 U.S.C. 926A, addresses a specific problem: a traveler who lawfully owns a firearm in one state passing through another where possessing it would be illegal. The provision says that, notwithstanding state or local law, a person who is not otherwise prohibited from transporting a firearm may transport it for any lawful purpose from a place where they may lawfully possess and carry it to another such place, if certain conditions are met.

As of October 2026, the conditions in the text are:

• The firearm must be unloaded.
• Neither the firearm nor any ammunition being transported may be readily accessible or directly accessible from the passenger compartment of the vehicle.
• If the vehicle has no separate compartment from the driver's area, the firearm or ammunition must be in a locked container other than the glove compartment or console.

That is the statute's core. We summarize it here and recommend reading the text yourself through the sources below. This page is general information and not legal advice, and it will be re-reviewed by April 2027, because statutes and court rulings change.

What the statute does not do

Many misunderstandings about 926A come from reading it as broader than it is.

It covers transport, not carry. The provision applies to a person moving a firearm from point A to point B. It does not authorize carrying a loaded or accessible handgun in states that would otherwise prohibit it. If you plan to carry while traveling, your permit, if you have one, must be recognized in each state you pass through, or those states must allow carry without one. That is a state-law question, and it is why our state carry-law pages exist.

It requires lawful possession at both ends. The text refers to places where you may lawfully possess and carry the firearm at the origin and the destination. If your destination prohibits possession for you, 926A does not help.

It does not override federal prohibitions. The person must not be otherwise prohibited under federal firearms law.

It is not a license to linger. Courts have wrestled with how much stopping along the way is consistent with "transportation." Overnight stays, side trips and extended stops in restrictive states have produced disputes. In the best-known cases, which arose from incidents at airports serving New York and New Jersey, federal appeals courts did not side with the travelers. We refer to these as examples, not as legal advice; a lawyer can tell you how courts in your route treat the issue.

It does not resolve every item. The statute talks about firearms and ammunition. How it applies to magazines that a state restricts is a question we cannot answer for you, and travelers in states with capacity limits should check the law of each state they cross.

It does not guarantee you will not be stopped. The provision is a legal protection, not a guarantee that you will not be stopped or questioned, and whether you meet its conditions can become a contested question after the fact.

Reading the vehicle rules

The vehicle conditions are where practical compliance lives.

People who travel often adopt a habit of treating the trunk or a locked case as the only acceptable location, and of keeping ammunition separate. That is a reading of the text, not a guarantee of how every officer or court will see it. The secure storage guidance in our handgun storage guide for home and travel applies to cars too.

Where trouble tends to arise

States and cities with strict firearm rules, and the transit hubs that serve them, are where most disputes are reported. We do not rank states, and what counts as strict changes. The practical point is that:

• A stop for fuel, food or rest is usually unremarkable, but a long layover in a restrictive jurisdiction deserves thought.
• Flying changes the picture. Air travel is governed by TSA and airline rules as well as by law at your destination. TSA states that firearms in checked baggage must be unloaded, in a locked hard-sided container, and declared to the airline. Layovers and missed connections can put you in a jurisdiction you did not plan on.
• Rental cars, rideshares and employer vehicles can come with their own rules.

Three hypothetical planning scenarios

These are illustrations of how the statute's conditions line up with different trips, not predictions of how any officer or court would act.

A single-day drive through a restrictive state. The traveler starts and ends in places where possession is lawful. The firearm is unloaded and in a locked case in the trunk, with ammunition stored separately. This resembles the situation the statute was written for, though the details of the route and stops still matter.

A multi-day trip with hotel stays. Overnight stops in a restrictive state raise the question of whether the traveler is still in "transportation." Some people plan trips to avoid overnight stays in the most restrictive jurisdictions, and others seek legal advice first. The statute's text does not settle every such case.

A trip with a destination that requires a permit the traveler does not hold. If the destination is not a place where the traveler may lawfully possess and carry the firearm, the statute does not apply to that trip, whatever the route.

Permits and reciprocity

If you hold a carry permit, a different set of rules applies on top. Many states recognize permits from other states through agreements, and some recognize all permits, while others recognize none. Recognition changes, and a map you saw last year may be out of date. The permitless carry explainer covers how constitutional carry fits with this, and why state lines reset the rules.

National reciprocity legislation has been proposed in Congress. A bill, H.R. 38, was introduced in the 119th Congress. Searches for this review turned up committee action in 2025 and commentary describing the bill as stalled, but nothing indicating it has become law. Check Congress.gov for the current status before assuming anything has changed.

Before you go: a planning checklist

This is a prompt for your own research, not legal advice.

1. List every state on your route, including those you pass through, not only your destination.
2. Read the carry-law page for each state, and then its primary sources. Start with the links below.
3. Decide whether you are transporting or carrying. The legal tests are different.
4. Prepare the firearm and ammunition to meet the statute's conditions, and check your vehicle's layout.
5. Carry documentation you may need, such as a permit, and know how the destination treats it.
6. Plan for the unexpected. Know what you will do if a stop becomes overnight, and know the rules at each possible stop.
7. If in doubt, ask a qualified attorney or the relevant state agency. Our before you carry it checklist is a general starting point.

State carry-law pages

These pages are starting points for each state's rules. They are summaries, so confirm details with the statutes and state agency resources they point to.

Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · Washington, DC · West Virginia · Wisconsin · Wyoming

What would change this page

We plan to re-review this explainer by April 2027. Items we are watching include national reciprocity legislation, court decisions interpreting 926A and changes to state transport rules. If you spot something that has changed, treat the primary sources as the final word.