safe passage

The Firearm Owners Protection Act (FOPA) amended the Gun Control Act of 1968 (Gun Control Act), creating the “safe passage” provision, now codified in 18 U.S.C. § 926A. The safe passage provision contains an express preemption that “notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof” it is lawful for any person who is not otherwise prohibited by federal firearm laws to transport, ship, or receive firearms from one State where they are lawfully permitted to have the firearm, to another state where they are lawfully permitted to have the firearm. However, in order to be protected by the safe passage provision, the statute requires that:

  • The firearm remains unloaded.
  • Both the firearm and ammunition are not readily accessible to the driver or directly accessible from the passenger compartment of the vehicle.
  • In the case of vehicles without a compartment separate from the driver’s compartment, the firearm or ammunition must be locked in a container other than the glove compartment or console of the vehicle. 

Courts have interpreted the safe passage provision narrowly. In Torraco v. Port Authority of New York & New Jersey, 615 F.3d 129 (2010), the Court stated in dicta that a diversion (meaning social stop) during the transport of firearms is not protected by the safe passage provision. In Association of New Jersey Rifle and Pistol Clubs Inc. v. Port Authority of New York & New Jersey, 730 F.3d 252 (2013), the Third Circuit held that the safe harbor provision only protects the transport of firearms in a vehicle. 

[Last reviewed in August of 2026 by the Wex Definitions Team]

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