How to Transport Firearms Across State Lines (FOPA)

Planning a hunting trip, a match in another state or a move across the country? If you want to know how to transport firearms across state lines legally, the place to start is a one-sentence federal law, 18 U.S.C. 926A. It took effect in 1986 with the Firearm Owners Protection Act (FOPA), and it's often called FOPA "safe passage." This guide walks through what it says, how to pack for a road trip or a flight, and the mistakes that most often get travelers into trouble.

A quick note before we start: this is general information, not legal advice. Federal law is only one layer. The states you start in, end in and drive through all have their own rules, so it's worth reading our federal laws page and the state pages for every state on your route.

What is FOPA's safe passage law?

The safe passage law is a single sentence in federal law, 18 U.S.C. 926A. ATF repeats the same words in its regulations at 27 CFR 478.38. In plain English, it says that a person who isn't prohibited from having guns may transport a firearm for any lawful purpose:

• from any place where they may lawfully possess and carry it,
• to any other place where they may lawfully possess and carry it,

even if a state or city along the way has stricter rules, as long as these conditions are met during the trip:

• the firearm is unloaded;
• neither the firearm nor any ammunition is readily accessible or directly accessible from the passenger compartment of the vehicle; and
• in a vehicle without a compartment separate from the driver's compartment, the firearm or ammunition is in a locked container other than the glove compartment or console.

That's the whole rule. Our federal laws page on FOPA safe passage has the same summary with official sources.

Who does safe passage protect?

The law covers people who are not otherwise prohibited under federal law from transporting, shipping or receiving a firearm. It also only protects the trip if the gun is legal for you at both ends. That's the part people tend to skip. If you're driving from a state where your rifle is legal to a state where that rifle is banned, safe passage doesn't help, because the destination isn't a place where you may lawfully possess it.

How do I transport a gun across state lines in a car?

Here's how the statute's conditions play out on a typical road trip:

1. Unload it. The law requires the firearm to be unloaded during the trip.
2. Keep it out of reach. Neither the gun nor the ammunition can be readily or directly accessible from the passenger compartment. A trunk is a compartment separate from where you sit, which is why many travelers use it.
3. No trunk? Lock it up. In a vehicle without a separate compartment, like many SUVs, hatchbacks and pickups, the gun or ammunition has to be in a locked container. The glove compartment and center console don't count.
4. Check both ends. Make sure the gun is legal for you where you're leaving from and where you're going.
5. Read the state pages for the trip. Look up every state on your route on our state law pages, including rules on things like magazines that may apply there.

Many travelers simply go further than the minimum, keeping the gun unloaded in a locked case and the ammunition locked separately. It's a calm, simple habit that keeps you clearly inside the rule.

Does FOPA protect me if I stop overnight?

This is where travelers most often run into trouble. The protection depends on the gun and ammunition staying unloaded and out of reach "during such transportation." A federal appeals court looked at this in Revell v. Port Authority of New York and New Jersey (3d Cir. 2010).

In that case, a Utah man was flying from Salt Lake City to Allentown, Pennsylvania, with a declared, unloaded firearm in a locked hard case. A late flight made him miss his connection in Newark, New Jersey. He collected his luggage, spent the night at an airport hotel (he did not open the locked cases) and was arrested under New Jersey law the next morning when he went to check the bag again. The Third Circuit ruled that safe passage did not protect him, because the gun and ammunition were readily accessible to him during his overnight stay in New Jersey.

The practical lesson is that safe passage works best for travel straight through a state. If your plans include an overnight stop, especially in a state with strict laws, it's worth planning your route and stops carefully and reading that state's rules ahead of time. Our page on New Jersey firearm laws is one example to read before a trip through the Northeast.

How do I fly with a gun?

Air travel follows TSA's rules, which are summarized on our federal laws page under air travel. According to TSA:

• Firearms may travel only in checked baggage, unloaded, in a locked hard-sided container that completely secures the gun. A case that can be easily opened isn't allowed.
• Declare the firearm and ammunition to the airline at the ticket counter, every time you check it.
• Ammunition is banned from carry-on bags. In checked bags, it goes in a box designed for ammunition (fiber, wood, plastic or metal), or in a magazine that completely encloses the rounds. Ask your airline about quantity limits and fees.
• Magazines and firearm parts (bolts, firing pins and the like) can't go in carry-on bags, but can be checked.
• Rifle scopes are allowed in both carry-on and checked bags.
• TSA treats an unloaded gun as "loaded" for civil-penalty purposes if you have access to both the gun and ammunition, for example a gun in your carry-on and rounds in your pocket.
• Only you should keep the key or combination, unless TSA asks for it to inspect the case.

TSA also reminds travelers that possession laws vary by state and city, so check the rules at your destination and at any airport where you might end up picking up your bags, as the Revell case shows.

What about suppressors, SBRs and other NFA items?

Some items need extra steps before they cross state lines. ATF's Q&A on NFA firearms says the registered owner of a short-barreled rifle (SBR), short-barreled shotgun (SBS), machine gun or destructive device needs ATF's approval before taking it to another state, even for a temporary trip, unless they're a qualified licensee. The request can be a letter or ATF Form 5320.20. ATF says this requirement does not apply to suppressors (silencers), though state and local possession laws still do.

There's also a newer wrinkle. ATF's October 9, 2026 open letter says it's unclear whether state courts will apply safe passage to suppressors, SBRs, SBSs or AOWs (any other weapons, a catch-all NFA category) that are not federally registered, and it advises caution before taking one through a state where it's prohibited. Our ATF NFA guidance FAQ explains the October 2026 changes in detail.

Transporting firearms across state lines FAQ

• Is it legal to drive through another state with a gun? Under 18 U.S.C. 926A, yes, if you aren't prohibited from having firearms, the gun is legal for you where your trip starts and ends, it's unloaded, and neither the gun nor the ammunition is readily accessible from the passenger compartment. In a vehicle without a separate compartment, it must be in a locked container other than the glove compartment or console.
• Does FOPA let me carry a loaded gun through other states? No. Safe passage only covers a firearm that is unloaded and not readily accessible during the trip. Carrying a loaded gun depends on the laws of each state you're in.
• Can I keep my gun in the glove box or center console? Not under safe passage. The law says that in a vehicle without a separate compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console.
• Does safe passage cover an overnight stop? It may not. In Revell v. Port Authority (3d Cir. 2010), the court ruled the law didn't protect a traveler whose gun and ammunition were readily accessible to him during an overnight stay in New Jersey, even though he never opened the locked cases.
• Can I bring a gun in my carry-on bag? No. TSA allows firearms only in checked baggage, unloaded, in a locked hard-sided container, and declared to the airline at check-in. Ammunition, magazines and firearm parts are also banned from carry-on bags.
• Do I need ATF permission to take my SBR to another state? Yes, for a registered SBR or SBS. ATF says the registered owner needs prior approval, by letter or ATF Form 5320.20, even for a temporary trip, unless they're a qualified licensee. ATF says this doesn't apply to suppressors.
• Does safe passage let me take a gun to a state where it's banned? No. The law only protects travel from a place where you may lawfully possess and carry the firearm to another place where you may lawfully possess and carry it.

Related reading

• FOPA safe passage on our federal laws page
• Air travel rules on our federal laws page
• Gun laws by state
• How does an FFL transfer work?, including how to ship your own gun to yourself
• ATF NFA guidance FAQ (October 2026)

Laws change, and courts can read them differently. Before a trip, it's a good idea to check the laws of every state on your route and, if anything about your situation is unclear, ask an attorney.