Permitted Do’s and Don’ts for Carrying a Gun in a Car

Gun Possession Requirements for Your State

Let’s start by clearly stating that laws vary from state to state and that there are some states that will carry heavy fines for carrying a gun in your car without permission, a permit or even a license. This is especially true for places like California.
When it comes to the two above examples it is important to have a permit and/or license for carrying a concealed weapon or practicing open carry. According to the official website for the State of California, all of the 58 counties require a concealed weapon permit be issued by the issuing agency in each county, and a license should be obtained in every single county you need it for. We won’t get into the details here but it is clearly not as simple as to whom you may or may not sell a gun in California. Simply put , you’d better do your homework first or you could wind up facing some very serious consequences.
Florida is somewhat of a different story with their gun laws. They were changed in October 2011 and it is now legal to openly carry a gun in your car as long as you are not exceeding the state law by having more than 10 rounds in your weapon while traveling. This may sound quite unrealistic to some but this is the law and you need to make sure that you know exactly what laws apply to your situation. If you travel a lot between states you cannot simply rely on only knowing gun laws in Florida.
Rhode Island has some of the most relaxed gun laws. It may be a true open carry state, but be sure to check into the exact wording of the law. What appears to be a relaxed gun law on the outside may be more restrictive in detail. For a full view of all state gun laws including any exceptions, visit the State Government website for that particular state.

Difference Between Open Carry and Concealed Carry

Concealed carry regulations differ across states, with most requiring a permit, some requiring background checks for even temporary use, and a few allowing individuals to carry a firearm in their vehicle without a permit. Concealed carry is permitted in all 50 states to some degree; some states also allow open carry in public.
Because certain areas have stricter laws on when and how you can legally carry your weapon, you need to understand how your state and other states in which you travel define concealed carry and open carry.
For example:

Texas: Open carry requires a handgun be in a shoulder or hip holster. Concealed carry does not permit the handgun to be partially or wholly visible while being carried.
California: Open carry is prohibited. Any firearm being carried must be concealed.
Georgia: Concealed carry is permitted if you have a license. Open carry is permitted without a license.
Alabama: Open and concealed carry is permitted without a license.
Florida: It’s illegal to open carry handguns or pistols. Handguns or pistols must be covered when in public.
Mississippi: Permits are not required for either open or concealed carry.

License and Permit Needed

The licensing and permit requirements for carrying guns in cars are set not only by federal law, but also by individual state laws. Indeed, these requirements differ quite significantly from one state to another. For example, most states follow the general rule that you must have a permit to carry a gun in a car. A few states, however, do not require such a permit. Of those that do, there are two major categories of licensing systems: "open carry" and "concealed carry." The open carry system permits gun owners to carry guns without any kind of license, while the concealed carry system requires owners to obtain a license in order to carry guns. Of the 50 U.S. states, 31 states allow the open carry of guns while 19 require permits for carrying—of these, 10 states demand an unrestricted permit for carrying, while 9 others demand some kind of restricted permit.
In addition to differences in the licensing system requirement, states also differ in their approach to the duration of those permits. Some states have permit systems under which permits need to be renewed only once a lifetime, while other states require annual permit renewals. Still others fall between these extremes, requiring permit renewals every five or 10 years. Typically, states that require the renewal of permits every five years or less have less stringent requirements than others that require the renewal of permits on longer schedules.

Transportation in Proper Containers

The proper way to store a firearm in a vehicle requires some understanding of safety measures, manufacturer’s recommendations, and most importantly, legal requirements. Once again, I will reiterate that Texas is not therefore requiring the use of "gun safes" in your car. In fact, Texas law is very clear in not requiring the use of gun safes in cars. However, many manufacturers of handguns and firearms do recommend their product be secured if being transported in a car. Some states such as California, have laws that do require a specific type of "container" for the transport of guns in cars. This container must be "locked". There are many "container" types available on the market. If you are traveling with your firearm through a state that requires the use of a "locked container" and your car is "not in a locked container", then it generally will be considered "unlawful transportation". Another common use for these containers are when you are driving to and from a gun range or other legal location.
Texas does require the secure transportation of handguns in certain locations. This includes: Planes, Buses, Schools, Sporting Events, and Election sites. However, there are exceptions for all of these categories. If your firearm is "easily accessible" it is not considered "secure". This means it must not be "visible" and also not "accessible" to passengers. Things you have to do to keep your gun "accessible" can include "removing the magazine", holding "the slide back on a semi automatic" or ensuring that the "chamber is empty and the action is open". These activities make the gun "secure". In addition, your firearm must be in "the trunk of your car or other locked container in your car". Again, this does not mean a "gun safe". It simply means you must keep the firearm out of your reach. Some people do purchase "gun safes" that they keep hidden in their car. Regardless of how you keep your firearm "secured" in your car, this is important if you are trying to drive through a state or a location that does not permit handgun carry or possession, or causes you to break Texas law because they have stricter laws.

Driving Across State Lines with a Gun

Though you’ve done your due diligence in understanding the gun laws for your home and including jurisdictions, interstate travel with a firearm tends to get surprisingly complicated. ATF takes the position that a "gun owner’s Second Amendment rights are not protected by the Bill of Rights Assignment of Interstate Commerce clause," so it goes on to say that interstate travel with a firearm is controlled by both federal and state law.
Although many states allow non-residents to obtain a concealed weapons permit, federal law does not. Gun owners traveling interstate must keep their firearms unloaded. In addition to that, the firearm must be set in a locked container, the glove box, trunk , or in a locked case. Keeping firearms out of plain view and ensuring the ammunition is away from the firearm is another good idea to follow.
The Firearm Owners Protection Act protects the rights of firearm owners traveling through several states as long as they meet specific criteria:

The firearm is unloaded, and there’s no ammunition in the immediate vicinity
Must not be prohibited in both the starting and ending jurisdictions
The firearm is transported in a motor vehicle that is interstate commerce

This particular law does not apply to people who are already residents of the states through which they are traveling, nor does it apply to individuals engaging in "tourist activities." A passenger in the vehicle must also not be under age, transport the firearm or ammo in the case that is attached to any radical group (terrorist or otherwise) following you to your destination.

Penalties for Breaking the Law

Local and state governments vary in their handling of traffic infractions, but there are a number of consequences that are standard across the board: If you carry your firearm in a way which violates gun laws or local ordinances you have greater risk of contacting police. In the United States almost 21 million traffic tickets are issued each year. If you are pulled over for a traffic violation, on foot, in an establishment, or for any reason, you have a greater chance of entering a situation that increases your chance of arrest. You might believe that carrying your firearm in your car is a sound decision. It is, until you violate local and state gun laws and you walk into a criminal penalty. To elaborate on the point above, the very act of carrying a weapon in your vehicle can breach the peace. A disruption of the public peace is a gang fighting in a neighborhood, breaking glass bottles, loud noises, rape, child abuse, and public drunkenness. In many cases, carrying a firearm in your vehicle can lead to be charged with a crime against the public peace. A gross misdemeanor for a breach of the peace charge may result in a fine of $10,000 or up to one year in jail. Some municipalities impose mandatory minimum sentences for breach of the peace while also disqualifying a person from future carry permits.

Know Your Rights While Complying

Carrying a gun in the car can be a wonderful way to protect yourself and your family when away from home if ever faced with a life-threatening situation. But it’s important to be educated and informed so that you don’t run into problems or inadvertently take part in any legal issues.
As a gun owner and responsible citizen, the best way to ensure that your legal rights are protected while remaining in compliance with the law is to education yourself about any changes in laws in the areas where you travel, or even the areas where you live. If you travel frequently due to family obligations you may find yourself in a situation where you are legal compliant in your home state but not in your temporary state of residence. There are also some states that have very strict laws, and if you aren’t up to date on the recent changes you could end up on the wrong side of a gun law without even realizing it. A perfect example is the state of Pennsylvania, where you are legally required to possess a valid permit/apply for and possess a license to openly carry a weapon. In this example, although you may be legal to carry your weapon in Texas and surrounding areas, if you travel to Pennsylvania you could find yourself in trouble. Even more recently, Minnesota’s law change requires citizens to obtain a permit to carry a handgun openly. If you are not aware of these recent changes, you could find yourself in an unfortunate situation. This is where education comes in. By making yourself informed and staying up to date on any recent changes in the law, you can avoid any unfortunate circumstances that could arise due to not knowing these laws . There are a couple of places you can keep tabs on these things to ensure that you stay safe, informed, and compliant: Websites and blogs specific to gun legislation and second amendment rights can be helpful in understanding any recent changes in your state. From here you’ll be able to discern whether or not your current license permits you to openly carry your firearm in the state that you currently reside in, or if there are any specific permits or licenses that are required before you do so. A few examples include: Another option for staying informed is to regularly check county and city websites. This is helpful in reviewing the specific laws and ordinances affiliated with your current residence. For example, Cleveland Texas requires all citizens to register within 7 days of moving to Houston. The same is true for Spring, however, Montgomery County requires all new residents to register within 30 days, whereas Harris County requires citizens to submit a renewal every year. Although not all cities and counties are strict, it’s important to fully understand these laws and be educated so that you will know how to proceed in a situation if you ever find one yourself. By using the above resources you may be able to stay informed and avoid unfortunate circumstances if you travel frequently and carry a firearm. No one wants to find themselves in an unfortunate situation, which is why it’s important to be prepared ahead of time and remain compliant with local laws that apply to you.