ATF eRegulations

§ 478.38 Transportation of firearms.

1. a.(a) 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 chapter 44 of title 18, United States Code, from transporting, shipping, or receiving a firearm is entitled to transport a firearm for any lawful purpose from any place where such person may lawfully possess and carry such firearm to any other place where such person may lawfully possess and carry such firearm, consistent with paragraph (b) of this section. The right to transport firearms under this section also includes the right to transport ammunition and accessories for the firearm consistent with paragraph (b) of this section. Protected transportation under this section includes reasonably necessary activities incidental to interstate travel, such as staying in temporary lodging overnight, transiting between modes of transportation, stopping for food, fuel, vehicle maintenance, an emergency, or medical treatment, picking up or discharging passengers, moving a firearm at the beginning of a journey from a fixed address to a vehicle for transportation or at the end of a journey from a vehicle to a fixed address, and any other activity incidental to the original transportation.

2. b.(b) When transporting firearms under this section:

   1. 1.(1) Firearms and ammunition in a vehicle must comply with the conditions set forth in 18 U.S.C. 926A. When a person is transporting a firearm in a vehicle, the firearm must be unloaded, and neither the firearm nor any ammunition being transported may be directly accessible from the passenger compartment of the vehicle. If the vehicle is without a compartment separate from the driver’s compartment, the firearm or ammunition must be contained in a locked container other than the glove compartment or console.

   2. 2.(2) If the journey includes transporting firearms or ammunition by a common or contract carrier, persons must also comply with 18 U.S.C. 922(e), 27 CFR 478.31, and, for travel aboard commercial aircraft, 49 U.S.C. 46505(d)(3).

   3. 3.(3) If the journey requires a break in continuous transit (e.g., an overnight stay in a hotel) that is reasonable in the circumstances and it is not possible to store the firearm in the vehicle, the person must store the unloaded firearm and ammunition in a locked container so they are not readily accessible for immediate use.

   4. 4.(4) A person switching between vehicles or modes of transportation shall keep the firearm unloaded and keep it and any ammunition in a locked container so they are not readily accessible for immediate use.

   5. 5.(5) A person does not lose 18 U.S.C. 926A’s in-transit protection by presenting the firearm or ammunition for inspection when required by a common carrier, the Transportation Security Administration, or U.S. Customs and Border Protection.

   6. 6.(6) Individuals also have the right to transport attachments, accessories, or other instruments for the firearms they are transporting, including, but not limited to, ammunition (regardless of bullet type), scopes, sights, optics, stocks, grips, stabilizing braces, mounts, weapon-mounted lights, multifunction aiming lights, magazines, clips, feed strips, any other ammunition feeding device, holsters, slings, and firearm cleaning kits. Any such item the person transports must be lawful under federal law and must also be lawful in both the place where travel began and at the destination. To have the transportation rights conferred by this paragraph and by 18 U.S.C. 926A for an attachment, accessory, or other instrument, any such item being transported with the firearm must be transported in the manner provided by paragraph (b)(1), (b)(3), or (b)(4), as applicable.

3. c.(c) If any portion of this section, or its application to any person or any circumstance, is held invalid, the remainder of this section and the application of such portion to other persons not similarly situated or to other circumstances shall not be affected. The existence of an explicit severability clause in this paragraph shall not be construed as an indication that any other section in part 478, portion of such sections, or application of such sections or portions to any person or in any circumstance are not similarly severable.