Interstate Travel With Firearms
A practical guide for Delaware firearm owners traveling across state lines, including federal FOPA protection, vehicle storage, destination-state law, overnight stops, magazines, NFA firearms and concealed-carry reciprocity.
What does 18 U.S.C. §926A protect?
Federal law provides a limited interstate transportation protection for a person who is not federally prohibited from transporting, shipping or receiving firearms. The trip must begin at a place where the person may lawfully possess and carry the firearm and end at another place where the person may lawfully possess and carry it.
During transportation, the firearm must be unloaded, and neither the firearm nor any ammunition being transported may be readily accessible or directly accessible from the vehicle’s passenger compartment.
Section 926A does not authorize carrying the firearm for immediate defensive access in every state and does not override the requirement that possession and carry be lawful at both ends of the trip.
How should the firearm be transported under FOPA?
For an SUV, hatchback or other vehicle without a separate trunk, use a locked hard-sided or otherwise secure container placed as far from the occupants as practical. Do not use the glove box or center console as the §926A locked container.
The firearm must be lawful at the origin and destination
FOPA applies when the traveler may lawfully possess and carry the firearm at the trip’s starting point and destination. Before leaving Delaware, confirm that the firearm, magazine and any regulated accessory are lawful at the destination.
A firearm legal in Delaware may be restricted by model, feature, magazine capacity, ammunition type, licensing rule or storage requirement in another state.
Stops can complicate the FOPA analysis
Section 926A protects transportation between lawful endpoints, but the statute does not spell out a simple universal rule for every hotel stay, lengthy stop, detour or interruption. Courts have addressed travel interruptions in fact-specific ways.
If an overnight stay or extended stop will occur in a restrictive jurisdiction, check that jurisdiction’s law before the trip rather than relying on a broad assumption that FOPA resolves every stop.
Does a Delaware CCDW allow concealed carry in other states?
Only where the destination or transit state recognizes the Delaware license or otherwise permits the carry. Reciprocity can change, and every state controls its own location restrictions, vehicle rules, prohibited places and duties during law-enforcement encounters.
Do not rely on an old reciprocity chart. Verify the destination state’s official source and the current Delaware DOJ reciprocity information before departure.
For Delaware licensing information, see the CCDW guide.
A legal firearm can still travel with a restricted magazine
Magazine-capacity laws vary significantly among states. A magazine lawful for a Delaware CCDW holder may be prohibited at the destination or in a transit jurisdiction.
Before traveling, check firearm legality, magazine legality and ammunition restrictions as separate questions.
For Delaware’s own threshold and exemptions, see the magazine guide.
Certain NFA firearms require prior ATF approval for interstate transport
ATF states that a registered possessor generally may not lawfully transport a destructive device, machine gun, short-barreled shotgun or short-barreled rifle in interstate or foreign commerce without prior written ATF approval.
An approved ATF Form 5320.20 is not permission to possess the firearm in a state where that firearm is prohibited.
Delaware itself also prohibits ordinary civilian possession of several NFA categories.
Airline travel follows a different process
TSA requires firearms to be unloaded and transported in checked baggage in a locked hard-sided container. The passenger must declare the firearm to the airline at the ticket counter, and ammunition must comply with TSA and airline requirements.
Check both TSA requirements and the operating airline’s firearm and ammunition policy before departure.
Delaware law applies again when you return
When the interstate journey ends in Delaware, Delaware’s firearm-possession, magazine, vehicle, restricted-firearm and NFA rules again govern the firearm and accessories.
If the firearm will remain in an unattended vehicle after arrival, Delaware’s §1456 vehicle-storage rule requires it to be in a locked box or container, locked firearm rack or locked trunk.
Planning a firearm trip from Delaware?
Coastal Firearms can assist with general Delaware firearm-transfer and compliance questions before departure or when arranging an interstate FFL transfer.
Frequently asked questions
Can I drive through a restrictive state with a firearm?
Federal §926A may provide transport protection when all statutory conditions are satisfied, including lawful possession and carry at both endpoints, an unloaded firearm, and the required lack of passenger-compartment accessibility.
Can the gun be in my glove compartment under FOPA?
For a vehicle without a separate compartment from the driver’s compartment, §926A requires the firearm or ammunition to be in a locked container other than the glove compartment or console.
Does a Delaware CCDW mean I can carry concealed everywhere I travel?
No. Carry authority depends on the law of each state and current reciprocity. FOPA transport protection is separate from concealed-carry recognition.
Can I stop overnight while relying on FOPA?
The statute does not provide a simple universal overnight-stop rule. Extended stops and hotel stays can create fact-specific legal issues, so travelers should verify local law where they plan to stop.
Do magazines have to be legal in the states I drive through?
Magazine laws can differ from firearm laws and should be checked separately. Do not assume that legality of the firearm automatically resolves magazine-capacity restrictions.
Can I take an SBR across state lines?
ATF generally requires prior written approval for interstate transport of a registered SBR. The destination state must also permit possession of the firearm.
Official sources
18 U.S.C. §926A — Interstate transportation of firearms
ATF Firearms Questions & Answers — Interstate NFA transport and relocation guidance
ATF Form 5320.20 — Application to transport certain NFA firearms interstate
TSA — Traveling with firearms and ammunition by air
Delaware DOJ — CCDW and reciprocity information
11 Del. C. §1456 — Delaware unattended vehicle storage
Interstate firearm travel can involve federal law plus the law of every state and locality on the route. Firearm, magazine, ammunition, carry-license and NFA rules can change. Verify official sources immediately before travel, particularly when traveling through restrictive jurisdictions.
Last legal review: August 8, 2026
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