§ 926A. Interstate transportation of firearms

[Oontis]

What is the name of your state (only U.S. law)? NC

I recently had a post about what I believed to be a conflict between State law and Constitutional right, but I believe that is now settled.

I need to first quote the Federal Law cited as the topic for this thread:

• § 926A. Interstate transportation of firearms
  Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

I had this answered by one of my law professors a year or two back, but I would like your input on the referenced problem please.

If there is a state law that says either you cannot posses operable weapons at all (similar to Washington DC laws, at least prior to Heller case at Supreme Court) or that says you cannot posses weapons in a particular location (such as school grounds etc..), can that law be trumped by Federal law stated above? It seems to me certain that if I am adhering to all aspects of the Federal law referenced above then I could not be stopped and have any prosecution for carrying a weapon in my trunk in a locked container while it is unloaded. What am I missing? Thanks

[FlyingRon]

It's not even a second amendment issue. It's a federal preemption under the commerce clause. The federal government is allowed to pass laws overriding the state laws when it comes to interstate commerce. Even before Heller, you could pass THROUGH DC with unloaded guns in the trunk.

[Some Random Guy]

However, it is possible that you can be arrested for passing through some areas while transporting firearms. Namely travelling through federal parks or through restricted airport zones or military controlled areas. Of course, those exceptions are Federal rather than State, so the preemption does not apply.

I seem to recall a poster on this site a few months back that had trouble because the bus he was riding in passed through a dept of defense restricted area as part of its normal route.

[Oontis]

Originally Posted by FlyingRon

It's not even a second amendment issue. It's a federal preemption under the commerce clause. The federal government is allowed to pass laws overriding the state laws when it comes to interstate commerce. Even before Heller, you could pass THROUGH DC with unloaded guns in the trunk.

Originally Posted by Some Random Guy

However, it is possible that you can be arrested for passing through some areas while transporting firearms. Namely travelling through federal parks or through restricted airport zones or military controlled areas. Of course, those exceptions are Federal rather than State, so the preemption does not apply.

I seem to recall a poster on this site a few months back that had trouble because the bus he was riding in passed through a dept of defense restricted area as part of its normal route.

I have a couple responses for both of your posts.

Thanks for the feedback, Flying Ron, that was the answer I understood to be the case and that my law professor told me back a couple years ago. My question would be if anyone knows the case law for what the parameters are for when you are just "going through" DC or another unauthorized place (because of State law)? If you only stop at rest area? What if you stay at a hotel for one night? What if you happen to stop at a hotel for a week while on vacation but you are headed back to your original state and/or another state in which you can legally own a firearm? What if your weapon is securely stored as mentioned while at class on a college campus and you are headed back home afterwords or what if you were headed out of state immediately after your class?

I realize you cannot or may not answer every one of those examples, but if there is any case law you are familiar with that would be great to see some guidance on those questions as far as previous interpretations? Thanks

To SomeRandomGuy,

You bring up a point I have never thought of (and i'm a thinker!) about federal preemption not working for federal laws in place.

I understand about military bases and realize those are almost separately sovereign as far as rules and laws go.

So you are telling me you are 100% certain that airport property (need clarification if you are speaking of parking lots and pick up zones, or just beyond security fences) would fall under federal control for these purposes? Of course TSA is the security, but I wouldn't think it would actually be federal property and allow federal laws since it technically is privately owned, correct?

Also I would like to know what has changed with this recent legislation regarding allowing weapons on Nat'l Parks and all DOI land under certain circumstances. All I have heard was that for sure you could carry on Nat'l Parks and DOI land if the land fell within the borders of a state in which you had a permit to carry a weapon or in which you had reciprocity to carry. I find it hard to believe they would allow concealed carry of weapons if you have a permit, but then make it illegal to keep a weapon locked, unloaded and ammo separate while in your trunk while driving through. What is your understanding of the new bill (It was passed in the new Credit Card Reform bill).

Thanks

[Some Random Guy]

So you are telling me you are 100% certain that airport property (need clarification if you are speaking of parking lots and pick up zones, or just beyond security fences) would fall under federal control for these purposes?

Federal laws do not apply solely to federal land. It is possible to break federal laws in the comfort of your own home.

NRA tips on travelling with guns:
[url=http://www.nraila.org/GunLaws/Federal/Read.aspx?id=59]NRA-ILA ::[/url]

Traveling with firearms in ariports:
[url=http://www.tsa.gov/travelers/airtravel/assistant/editorial_1666.shtm]TSA: Traveling with Special Items[/url]

Traveling with Guns:
[url=http://www.allstays.com/Features/gun-travel-places-to-avoid-while-carrying/]Gun Travel: Places To Avoid While Carrying[/url]

Anecdote on Georgia concealed carry in airports in non-secure areas
[url=http://www.foxnews.com/story/0,2933,374563,00.html]FOXNews.com - Federal Judge Upholds Gun Ban at Atlanta airport - Local News | News Articles | National News | US News[/url]