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 prohibited by federal law 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 qualifying transportation between lawful endpoints, but the current statutory text does not spell out a universal rule for every hotel stay, lengthy stop, detour or interruption.
In Revell v. Port Authority, 598 F.3d 128 (3d Cir. 2010), the Third Circuit held that § 926A did not protect a traveler who retrieved his luggage, took the firearm and ammunition to a New Jersey hotel, and had them readily accessible during the overnight stay. Delaware is within the Third Circuit, so this decision is especially important for Delaware travelers passing through restrictive jurisdictions.
On May 6, 2026, ATF proposed a rule that would clarify that reasonably necessary travel activities—such as temporary lodging, food, fuel, vehicle maintenance, medical treatment, emergencies and transfers between modes of transportation—remain part of protected “transport.” As of September 22, 2026, that proposal has not become a final rule, so travelers should not rely on it as though it has already changed § 926A or superseded existing case law.
Plan stops before departure, keep the firearm and ammunition secured according to § 926A, and check the law of any state where an overnight stay or extended interruption may give you access to the firearm.
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 own official source immediately before departure. Delaware DOJ’s reciprocity page remains useful, but as of September 22, 2026 the visible recognition list on that page is still labeled for the period January 15, 2025 through January 15, 2026, so it should not be treated as a current nationwide travel chart without further confirmation.
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. Section 926A expressly addresses transportation of a firearm and ammunition; it does not separately create a clear nationwide safe harbor for every magazine or firearm accessory.
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
Under the current ATF process, a registered possessor generally must obtain permission before transporting a machine gun, short-barreled rifle, short-barreled shotgun or destructive device interstate, typically through ATF Form 5320.20 (Form 20). ATF’s eForms system currently supports electronic filing of Form 20.
ATF has proposed eliminating the advance-approval requirement for certain short-term domestic interstate NFA travel and modifying longer-term notice requirements. As of September 22, 2026, that proposal is not final. The existing Form 20 requirement should therefore be followed unless ATF publishes a final rule changing it.
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 check-in. Firearm parts, including magazines and clips, are prohibited in carry-on baggage, and ammunition must be securely boxed or otherwise packaged as permitted by TSA and the airline.
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(b) vehicle-storage rule requires it to be in a locked box or container, a locked firearm rack on the vehicle, or the locked trunk. Section 1456(g) states that a valid Delaware CCDW is not a defense to violating that unattended-vehicle storage rule.
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 current statute does not provide a simple universal overnight-stop rule. In Revell v. Port Authority, the Third Circuit held that FOPA did not protect a traveler who had ready access to the firearm and ammunition during an overnight hotel stay. ATF proposed a broader clarification in May 2026, but it is not yet final.
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?
Under the current ATF process, interstate transport of a registered SBR generally requires prior permission using ATF Form 5320.20. ATF proposed changing this requirement in May 2026, but that proposal is not final as of September 22, 2026. The destination state must also permit possession.
Does ATF Form 5320.20 apply to suppressors or AOWs?
ATF’s Form 20 requirement applies to machine guns, short-barreled rifles, short-barreled shotguns and destructive devices. Suppressors and “any other weapons” are not listed among the categories requiring Form 20 solely for interstate movement, but destination-state law still controls.
Official sources
18 U.S.C. §926A — Interstate transportation of firearms
Third Circuit — Revell v. Port Authority — 598 F.3d 128 (3d Cir. 2010), interrupted travel and overnight access under § 926A
ATF Proposed Rule — Interstate Transportation Under the GCA — May 6, 2026 proposal concerning temporary lodging and other reasonably necessary travel stops
ATF Proposed Rule — Interstate NFA Transport — May 8, 2026 proposal; not final as of Sept. 22, 2026
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, FOPA interpretation and NFA transport rules can change. Verify official sources immediately before travel, particularly when traveling through restrictive jurisdictions.
Last legal review: September 22, 2026
Delaware Gun Law Updates
Next: recent legislation, effective dates and important changes to Delaware firearm law.