Interstate Travel

Being able to travel with your defensive firearm, or any recreational firearm, is just another way to exercise our 2nd Amendment rights. However, the differences in how each state impose their limits on this right can make travel very tricky at times. Whether traveling by motor vehicle, air, rail, or otherwise, knowing your gun rights in every state is critical.

Constitutional carry is the law in 26 states as of June of 2023 and while it does simplify carrying a concealed firearm for personal protection in those states, 24 states still do not follow this standard. Having a West Virginia CHL eases the difficulties somewhat as West Virginia enjoys reciprocity agreements with 37 states, meaning that licensed residents of those states can exercise concealed carry privileges here in West Virginia just as our licensed residents can carry concealed in their states. As well, West Virginia’s Provisional Concealed Handgun License (PCHL), which is issued to qualified West Virginians who are 18 years or older but less than 21 years old, is now recognized by 20 states.

With reciprocity agreements or by virtue of permitless carry in other states, a West Virginia resident can travel to much of the country while carrying a defensive firearm for personal protection. Even then, the traveler is responsible to know that the firearms and self-defense laws of the other state control possession and use of that firearm, NOT the laws of West Virginia.

In addition to the unique laws of each state, federal law provides some protection to travelers going through states that would otherwise not permit the traveler to have a specific type of firearm, ammunition, or accessory, let alone any firearm at all, in their state. The federal law referred to as the “Safe Passage Act” allows a traveler to pass through a state where they would not be allowed to possess a firearm as long as the traveler meets certain requirements. Those are that the traveler starts in a state where the firearm is legal, travels to a destination state where that firearm is legal, and while passing through a state where it is not legal, the traveler does not stop traveling. The traveler may not stop in the prohibitive state other than for very brief breaks for things such as fuel or a restroom break. Any extended stop can land the traveler in legal trouble and in some prohibitive states, even the federal law will not prevent an arrest but rather can only be relied on as a defense during a criminal trial.

Understanding the differences in the laws from state to state is the responsibility of the traveler and no one else. Doing it wrong leads to bad publicity for the rest of the law abiding community of gun owners, so be sure to do your part and be educated on how to properly travel with your firearm. We can help make that process much simpler with our understanding of the travel laws and with our network of 2nd Amendment attorneys around the country.

Source: West Virginia Attorney General’s Office – wvago.gov
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