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One of the most misunderstood firearms laws in the country is the Federal Safe Passage Provision of 18 U.S.C. 926A. The ruling essentially says that a person can transport firearms from one state where they are allowed to another one where they are allowed. Some folks think this means they can concealed carry all the way across the country, as long as their final destination is a “constitutional carry” state. But this couldn’t be farther from the truth.

First and foremost, you can still be arrested and tried for a gun crime in many states. This means you may need to post bail and return often to the state where you are being tried. The Federal Safe Passage Provision would only kick in during your trial.

Secondly, the Provision is not a sort of “hall pass” to waltz from state to state with a firearm. Assuming you have done your research and are traveling from one state where you are allowed to have a specific firearm, to another such state, you may ultimately be protected in states in between–if you continue traveling.

A gun sits in a car on the passenger seat.
A handgun replica on a car seat | Zhdanov via iStock

There is a precedent that stopping overnight means you’ve ceased traveling. Fueling up or using the bathroom should be fine. What about sitting down for a leisurely meal? That gets murky. And if you get charged, the definition of “traveling” will ultimately be up to a jury of your peers.

Thirdly, you cannot be “carrying” said gun. You are simply “transporting” it. What does that mean? You shouldn’t be ab le to easily access the firearm or any ammo. It’s locked safely in your vehicle, as far from you as reasonable.

Next, find out why an RV isn’t a home for gun-carrying purposes, or learn more about the Safe Passage Provision in the video below:

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Staff Writer

Henry Cesari

Henry Cesari joined MotorBiscuit in 2021 and brings his deep interest in vintage cars, trucks, and motorcycles to the site. Having restored his first classic car at just 16 years old, Henry has wrenched on everything from overland campers to Japanese motorcycles and even pre-war Bugattis. Henry is also an avid attendee at local car shows and genuinely enjoys connecting with fellow auto enthusiasts.

Henry earned a Bachelor’s in Anthropology and English from the University of Vermont. He has since incorporated his love of the written word with his admiration of classic cars. While Henry is interested in vintage cars, he believes the golden age of cars is yet to come. He is confident journalists will play an important role in this revolution by exposing the industry as it is now and envisioning its possible future.