We examine just how vastly CCW laws can vary between states in the U.S and how to navigate that while traveling.
Constitutional carry exists in some states, like my home state of West Virginia. If I’m traveling south, most of those states also have permitless carry, too … but Virginia and North Carolina do not. If I travel north, things change because few of those states have permitless carry and some have no reciprocity with West Virginia.
If you’re traveling with a self-defense handgun, it’s important for you to know the law in every state you will pass through.
Possession/Ownership
First, I need to qualify everything you’re about to read by saying I am not a lawyer, nor do I play one on the television, on the internet or in gun magazines. But I am a former police officer, special agent and a gun owner who has traveled into and through many states with a handgun. I still qualify my advice as something you can trust but that you should verify, because laws change. What I can tell you with certainty is that most of the law associated with firearms transport is black and white, but like with most everything else, some gray exists.
The first consideration when it comes to traveling with a handgun is whether you can legally possess a handgun in the state you’re traveling to or through. You must understand that possession and ownership are not the same thing.
For instance, you must be 21 to purchase a handgun in West Virginia, but you can obtain a concealed carry permit for a handgun at age 18. Regarding possession—in general—to legally possess a handgun you cannot answer “no” to any of the disqualifying questions on the ATF Form 4473 that you complete when you purchase a firearm. However, in some states, these prohibitions are extended and can include other disqualifiers and even magazine bans.
The point is, meeting the Federal requirements for possession might not be enough in some states. Do your research.
Traveling by Highway
If you’re traveling through a state that forbids handgun/high-capacity magazine ownership, you should/might still be legal if you lock your unloaded handgun in a case and secure it in an inaccessible location. This practice is protected through a provision of the Firearm Owner’s Protection Act (FOPA) 18 United States Code 926A, which is intended to protect firearms owners when traveling throughout the United States with firearms.
However, I say might because this regulation is somewhat subject to interpretation. First, because, for FOPA protections to apply, you must be engaging in a lawful purpose, and you cannot extend your stay in the state where the firearm/magazine is illegal by staying overnight.
Essentially, the protection applies while moving, and if you only stop for food, fuel and a brief rest. If you were engaged in an accident, become too ill to travel, or if your vehicle breaks down, a problem could arise. I’ve heard multiple horror stories related to citizens who believed they were protected by FOPA in states with stringent firearm laws. Even though you’re not in violation of federal law, you could still be arrested, charged and convicted of violating state law. This is exactly why I do not travel to New York, with or without a handgun.
Traveling by Air
One way to circumvent highway travel concerns with a handgun is to travel by air because you cannot violate the anti-gun laws of a state while airborne. So, how do you legally fly with a handgun?
You must declare a firearm at check in, and make sure it’s inside a locked container that will travel as checked luggage. You must meet the container/case requirements of the airline, and you might be required to show that it’s unloaded. This can create some anxiety at the check-in desk, so make sure you communicate effectively with the gate agent.
I suggest you avoid TSA locks, because they’re not required and provide minimal security. Also, check in advance with the airline for any additional requirements.
But air travel is not a foolproof way to avoid issues. If you’re traveling from and to a state where handgun possession is legal, but you have a layover or you’re diverted to a state where handgun possession is not legal, you might have a problem if the layover requires you to reclaim your luggage. Technically, you should still be afforded the protections under FOPA 18 USC 926A, but don’t count on it. Make sure your itinerary does not include those states, because air travel is unpredictable.
Carry Permit
Currently, more states have Constitutional carry than not. This is a good and bad thing for gun owners. It’s good because it eliminates a restriction on your Second Amendment right and worries about traveling through some states. It’s bad because it has led to many gun owners not securing a concealed carry permit—that with state reciprocity can prevent them from running afoul with the law for merely traveling with a handgun. I specifically acquired my carry permit in West Virginia so I could legally carry in Virginia—I only live nine miles from the border.
With carry permit reciprocity for a state you’ll be traveling through, you can alleviate some traveling concerns, but that state might also have a magazine capacity restriction. And, as I said at the outset, laws change. As of this writing, legislation is in play in Virginia that would make possession of a magazine that can hold more than 10 rounds illegal, and it would also eliminate carry reciprocity with West Virginia.
The bottom line is that, if you have any doubt about the legality of traveling with a handgun, contact the State Attorney General’s office in your state and in any state you’re traveling too. While the adage that “forgiveness might be easier to obtain than permission” might work with your wife when you buy a new gun, don’t count on it to keep you out of jail if you violate state gun laws.
Editor's Note: This article originally appeared in the April 2026 issue of Gun Digest the Magazine.
More Knowledge For The Armed Citizen
- Carry Law: What Is A Righteous Shooting?
- Concealed Carry and the Right to Remain Silent
- Tips For Communicating With Police After Shootings
- Concealed Carry: After the Shooting
- Q&A: Massad Ayoob On Self-Defense
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