Guns in Motor Vehicles–What Are Your Rights?: NMA Newsletter #726


By Texas Member, Ted Levitt

On June 23, 2022 the US Supreme Court ruled in New York State Rifle and Pistol Association Inc. v. Bruen that New York’s law requiring citizens to show a “Special need” to obtain a gun carry permit/license violated the Second Amendment.

Writing for the majority, Justice Clarence Thomas said,

“We know of no other Constitutional Right that an individual may exercise only after demonstrating to government officers some special need.”

How will this decision affect a motorist’s right to legally carry a gun when traveling within their state and from state to state?

Prior to this ruling, each state set its own laws. Now, each state will have to revise its carry laws to cover both residents and non-residents driving in their state with a legally owned gun. This change will create many discrepancies, arrests, court fights, and federal court cases that potentially could run for years, if not decades, before being clearly resolved.

The first volley fired in response to this Supreme Court ruling came on August 1, 2022, when New York Governor Kathy Hochul signed a bill requiring anyone who wants to get a carry permit to provide the State with access to all their social media accounts for the previous 3 years. The new laws went into effect in September and by November, legal challenges, and temporary injunctions, went to the US Court of Appeals for the Second Circuit. The three-judge panel ruled to reinstate the enforcement of NY’s carry law amid the ongoing legal challenge.

For me, the new laws appear to violate an individual’s Fourth Amendment right to privacy and First Amendment right to free speech.

What’s the Carry Law in Various States?

Some states, like New York and California, will do everything they can (as they have been doing) to make owning a gun, and especially carrying/driving with a gun, by a resident or visitor, almost impossible. In Texas where I live, we already have a “Constitutional Carry” law that allows any adult that is legally allowed to own a gun to carry it–open or concealed—in a vehicle (with minor and reasonable limitations).

Currently 25 states have “Constitutional Carry.” They are Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming. Remember each state has different age requirements and other possible restrictions.

Also, if you have a concealed carry permit and plan to travel out-of-state, check out this website, usconcealedcarry.com for more details on states that permit reciprocity (includes a map for easy access).

Advice for Carrying Firearms during an Interstate Road Trip

My advice to all motorists who would like to travel armed is to call the state’s Attorney General’s office in each state you intend to travel to for clarification on current carry laws in vehicles. I would not call the state police as they are often uninformed, misconstrue what the law actually is, or are not current with the latest state law updates, or court rulings.

You will likely be directed to a state website that has the latest updates of that state’s laws on the carrying of a weapon, both on your person and in your vehicle. I suggest that you make written notes of the date, name of whom you spoke to, and a detailed account of those conversations just in case you have an issue, and carry them with you.

I see great confusion and inconsistencies all across this country as states try to comply with this latest Supreme Court ruling while at the same time protecting the public’s right to carry a gun on their person and in a motor vehicle. It’s important to learn how to navigate the ever-changing landscape of gun ownership and transporting your personal firearms in vehicles. Drive safely.

A Final Thought

Another issue not addressed yet by any court is how states will handle legally owned guns in motorhomes, fifth-wheels, and conversion vans, which are considered a “home” or “castle” when used as a temporary residence versus a car, pickup truck, or SUV.

Not an NMA Member yet?

Join today and get these great benefits!