IMO Interstate Travel via a Carrier is NOT illegal

[srothstein]

This question was brought up by someone asking if they could travel by Greyhound with their weapon. We all should know it is clearly legal to travel interstate with a weapon in your checked baggage on a common or contract carrier. We talk about it all the time. Airlines are also common and contract carriers.

To the federal law, the type of transportation is irrelevant. The question is solely if they are a carrier and going interstate.

The passenger in a bus or a plane can travel with their weapon in checked baggage and not have a problem. The commerce part as being in business or not for the purpose of your travel is a smokescreen since you are engaging in interstate commerce when you buy your ticket and take the ride.

Yes, you may travel by common carrier in interstate travel with your weapon in your luggage. And the carrier may be a plane, a ship, a bus, or a taxicab.

[Thomas]

There may one 'gotcha'. If you are traveling to another state to work, you are being paid and you are by definition engaged in Interstate Commerce.

I had a long discussion with the USDOT and FMCSA about this as they were claiming a balloonist who was traveling to a festival or competition in another state and entered into the competition for prize money was in Interstate Commerce. I told them if they thought I had any chance of winning money, they had never seen me fly. The issue for us was if you were going to make money or get paid, it required you to have a USDOT number on your vehicle and keep logs and have a medical certificate if it was over 10,000lbs GCWR.

Anyways, we got further into the discussing about the retired couple who have a big travel trailer rig and were going over to Louisiana to the casinos. The guys stated it was the same requirement because they were in Interstate Commerce and over the 10K GCWR. He did state that while the laws existed, they were rarely enforced that way unless the DOT could see indications they were engaged in true commercial business.

So, long story short, if you are traveling for more than pleasure or have the chance to make money or get paid, then if you cross state lines you are in Intestate Commerce.

Plausible, but let's say they are traveling for pleasure. They have to buy food/lodging/mementos/something where ever they go. So they are traveling in order to spend money (commerce) as apposed to make money (also commerce). Unless the handgun and ammunition itself is a part of the commerce, I still don't think this applies.

No one has showed how a CHL has violated this statute by carrying on his person.

So if no one else has been convicted for this (anyone know how I can find out for sure?), then there is no precedent. While I may not necessarily want to be a test case (limited funds to hire an attorney), I would not mind traveling with my handgun and ammunition under the belief that it is not illegal.

[hirundo82]

Yes, you may travel by common carrier in interstate travel with your weapon in your luggage. And the carrier may be a plane, a ship, a bus, or a taxicab.

The question wasn't whether it was legal to check a firearm on Greyhound. That's clearly legal, as it is on any other common carrier.

The question was whether you can legally carry on your person (ie without "deliver[ing] said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip"). I don't think it was the intent of Congress to prohibit that, but interstate commerce has been interpreted so broadly that I'm not sure which way the courts would rule.

[txmatt]

The commerce part as being in business or not for the purpose of your travel is a smokescreen since you are engaging in interstate commerce when you buy your ticket and take the ride.

It does not surprise me in the least that they would interpret that in this manner. OP take note.

[speedsix]

Yes, you may travel by common carrier in interstate travel with your weapon in your luggage. And the carrier may be a plane, a ship, a bus, or a taxicab.

The question wasn't whether it was legal to check a firearm on Greyhound. That's clearly legal, as it is on any other common carrier.

The question was whether you can legally carry on your person (ie without "deliver[ing] said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip"). I don't think it was the intent of Congress to prohibit that, but interstate commerce has been interpreted so broadly that I'm not sure which way the courts would rule.

...the answer was given as NO...because you may not carry concealed anywhere owned by another when they have notified you that you may not...so for me to carry my weapon on a common carrier who had forbidden it to be on their plane,boat,train, etc unless in checked luggage...at least in Texas...would be illegal...

[Ameer]

...the answer was given as NO...because you may not carry concealed anywhere owned by another when they have notified you that you may not...so for me to carry my weapon on a common carrier who had forbidden it to be on their plane,boat,train, etc unless in checked luggage...at least in Texas...would be illegal...

I agree it's illegal in Texas if they give notice that fulfills the 30.06 requirements.