Texas Firearms Transport Beyond the Vehicle

Texas Firearms Transport Beyond the Vehicle

Transporting a firearm through Texas, by car, plane, train, or boat, is governed by federal law primarily and state law secondarily. The federal Firearm Owners' Protection Act, 18 U.S.C. § 926A, gives an interstate traveler a transport defense if the firearm is lawful at origin and destination, unloaded and not readily accessible from the passenger compartment, with ammunition stored separately. Texas imposes no special long-gun transport rule and allows handgun-in-vehicle carry under Tex. Penal Code § 46.02(a-1) for any qualifying adult who is not a prohibited person, not engaged in criminal activity, and not displaying the handgun outside a holster.

This section covers everything beyond the everyday vehicle baseline: federal interstate transit, commercial air, Amtrak, intercity bus, boats, and the federal facility traps that ensnare otherwise lawful travelers. For the basic rule on having a handgun in your own car around Texas, see VEHICLE_CARRY. For where you cannot bring a firearm at all, see PROHIBITED_PLACES. For on-person carry across state lines, see RECIPROCITY.

How Texas transport law fits together

Two state statutes and one federal statute do most of the work.

• Tex. Penal Code § 46.02(a-1) controls handgun carry inside a personal motor vehicle or watercraft. A qualifying person 21 or older (or a Texas LTC holder) may have a handgun in the vehicle if it is not in plain view, or if in plain view it is in a holster on the person.
• Tex. Penal Code § 46.03 lists prohibited places that follow the firearm into and out of a vehicle. The two most relevant for transport are § 46.03(a)(5) (secured area of an airport) and § 46.03(c)(5) (definition of "secured area"). § 46.03(e), (e-1), and (e-2) provide narrow defenses for properly checked baggage and for LTC holders who exit a screening checkpoint immediately upon notification.
• 18 U.S.C. § 926A is the federal Firearm Owners' Protection Act safe-harbor for interstate transport. It preempts hostile state and local laws when the traveler complies with its conditions.

The hard questions arise at three boundaries: state lines (§ 926A), security checkpoints (TSA and § 46.03(a)(5)), and the door of a common carrier (Amtrak, Greyhound, airline tariffs).

In-state vehicle baseline (cross-reference)

For a personal motor vehicle inside Texas with a handgun, the driver must (1) not be a prohibited person under federal law (18 U.S.C. § 922(g) or (n)) or Texas law (§ 46.04), (2) be 21 or older or an LTC holder for § 46.02(a-1) protection, (3) keep the handgun out of plain view unless in a holster, (4) not be engaged in criminal activity beyond a Class C traffic or boating violation, and (5) not be intoxicated outside the narrow § 46.02(a-6) exception.

Long guns. Texas does not criminalize loaded long-gun transport in a personal vehicle as a free-standing offense. Hunting transport is governed by Texas Parks and Wildlife Department regulations, outside the Penal Code. A loaded rifle or shotgun in a personal vehicle on a Texas road is not, standing alone, a § 46 violation.

Full details live in VEHICLE_CARRY. The rest of this section assumes the traveler has cleared that baseline and is moving across a state line, into a secured federal facility, or onto a common carrier.

Interstate transport under 18 U.S.C. § 926A

The federal Firearm Owners' Protection Act preempts state and local restrictions on a person moving a firearm between two states where possession is lawful, provided the journey meets the statute's conditions. § 926A is the only protection a Texas traveler has when the route crosses a state where Texas LTC reciprocity does not apply or where state law is hostile to firearm possession.

You qualify for § 926A if all of the following are true:

• You are not a prohibited person under 18 U.S.C. § 922(g) or (n) or any state law that applies to you.
• You may lawfully possess and carry the firearm at both the start and end of the trip.
• During transport the firearm is unloaded.
• Neither the firearm nor any ammunition is readily accessible from the passenger compartment.
• If the vehicle has no separate trunk (a hatchback, SUV, or pickup), the firearm and any ammunition must be stored in a locked container other than the glove compartment or center console.

Practical notes for Texas travelers:

1. § 926A protects transport, not stopping. Overnight stays, non-emergency hotel layovers, or unrelated errands in a state where possession is unlawful fall outside the safe harbor. New York, New Jersey, Maryland, Massachusetts, D.C., and California have prosecuted travelers who deviated from the safe-harbor configuration.
2. § 926A says any "lawful purpose" and does not require a home destination. A Texas LTC holder driving to a Wyoming hunt through New Mexico and Colorado is in the safe harbor. A Texas resident driving to in-laws in New Jersey is not, because lawful possession at the endpoint is a § 926A predicate.
3. § 926A does not preempt magazine capacity, assault-weapon, or feature-restriction bans along the route. The safe answer is to comply with the most restrictive state's hardware rules for the entire interstate leg.
4. § 926A is a defense, not an affirmative authorization. A traveler stopped in a hostile state during transit may still be detained, charged, and forced to plead the defense in court. Documentation reduces risk: a printout of § 926A, an itinerary showing both endpoints, and a copy of any LTC or destination-state permit kept with the firearm.

A Texas LTC holder driving from Houston to upstate New York has two distinct legal regimes on the route. From Houston to the New York line, Texas law and reciprocity states recognize the LTC for on-person carry. Once into New York, the LTC is not recognized; the only lawful posture is § 926A. An overnight stay in New York takes the trip outside the safe harbor. Most practitioners advise leaving the handgun at home for trips of that type, or routing around hostile states.

A non-resident transiting Texas between two other states needs no more than § 926A compliance to cross. Texas's own vehicle baseline under § 46.02(a-1) is broadly permissive for most adults.

Air travel: TSA, federal aviation security, and § 46.03(a)(5)

Air travel with firearms is governed by federal aviation security law (49 C.F.R. parts 1540 and 1544) and TSA regulations. Texas reinforces federal law through § 46.03(a)(5), which makes it an offense to possess a firearm "in or into a secured area of an airport." § 46.03(c)(5) defines "secured area" as a part of an airport terminal where access is controlled by inspection of persons and property under federal law. The baggage claim area, employee or passenger parking lots, and curbside drop-off areas are not secured areas.

Three rules to internalize:

1. You may not bring a firearm, loaded or unloaded, through a TSA passenger screening checkpoint. Doing so is a federal civil violation with TSA penalties starting at several thousand dollars per offense. It is also an offense under § 46.03(a)(5) at any Texas commercial airport. There is no LTC bypass at the checkpoint itself.
2. You may not carry a firearm in the secure area of an airport, on a jet bridge, or aboard a passenger aircraft as a civilian. This is a federal felony under aviation security law and a state offense under § 46.03(a)(5).
3. You may carry a handgun in the public, unsecured terminal areas (curb, ticketing lobby, baggage claim) under your Texas LTC or under § 46.02(a) constitutional-carry authority. The LTC and constitutional-carry authority end at the screening checkpoint.

Texas LTC defense at the checkpoint: § 46.03(e-1) and (e-2)

Texas added two limited safe-harbor provisions for LTC holders who reach a TSA checkpoint armed. They do not authorize bringing a firearm through screening; they limit prosecution under § 46.03(a)(5) when an LTC holder catches the mistake and exits.

• § 46.03(e-1) is a defense to prosecution if (1) the actor possessed a handgun at the screening checkpoint that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code, and (2) the actor exited the screening checkpoint immediately upon completion of the required screening processes and notification that the actor possessed the handgun.
• § 46.03(e-2) prohibits a peace officer from arresting an LTC holder at the checkpoint for a § 46.03(a)(5) offense unless the officer first advises the actor of the (e-1) defense and gives an opportunity to exit.

Practical implication: a Texas LTC holder who forgets a holstered handgun at a TSA line should not surrender it to TSA or argue the rule. The lawful posture is to exit screening immediately upon being told to exit, secure the handgun off-airport, and re-enter unarmed. (e-1) and (e-2) collapse the moment the LTC holder enters the secured side or refuses to exit.

The § 46.03(e-1) defense does not exist for non-LTC carriers under constitutional-carry authority. Constitutional carry stops at the lobby.

How to fly with a firearm lawfully

Firearms travel as checked baggage only:

1. Confirm the firearm is unloaded. § 46.03(e) provides a Texas defense for properly checked baggage.
2. Place the firearm in a hard-sided container only you can unlock. Use a non-TSA lock; soft cases are not acceptable. The traveler retains the only key or combination.
3. Place the locked case inside checked baggage. Some airlines permit the hard case to be checked alone; others require it inside a larger bag. Confirm the airline tariff before traveling.
4. Pack ammunition separately, in original packaging or in a box designed for ammunition. Loose rounds are not permitted. TSA caps ammunition at 11 pounds per passenger absent airline approval.
5. At the airline counter, declare the firearm verbally. The agent will issue a declaration tag for you to sign and place inside the case.
6. Wait at the counter or accompany the bag to TSA inspection if instructed. Lock the case yourself before it goes onto the belt.
7. At your destination, claim the bag at the regular carousel. If the bag is missing or shows tampering, report immediately to airline baggage service before leaving the airport.

Common mistakes. A handgun in carry-on at the X-ray belt is the most common TSA violation nationwide and a constant occurrence at DFW, IAH, AUS, and SAT. A forgotten round in a coat pocket or range bag is the second most common. An "antique firearm" carried in carry-on is not exempt from TSA rules; § 46.01(3)'s antique definition does not control 49 C.F.R. compliance.

Amtrak, intercity bus, and other common carriers

Amtrak. Amtrak permits unloaded firearms in checked baggage on trains with checked-baggage service, including the Texas Eagle and Sunset Limited. The traveler must provide at least 24 hours advance notice at booking, declare the firearm at station check-in, and pack it unloaded in a locked, hard-sided container. Ammunition up to 11 pounds may travel in the same locked container or a separate one. Amtrak bars firearms on trains without checked baggage; the Heartland Flyer (Fort Worth-Oklahoma City) does not permit firearms aboard.

Intercity bus. Carrier policy controls. Greyhound permits unloaded firearms in checked baggage with declaration, locked hard-sided, ammunition separate. Megabus and FlixBus bar firearms entirely. Treat each carrier as a separate contract; violations are contract issues and may also constitute § 30.06 or § 30.07 criminal trespass where posted.

Charter and rental vehicles. A rented car is a "motor vehicle" for § 46.02 purposes. The rental agreement does not change Texas law. An LTC holder or qualifying adult under constitutional-carry authority may carry in a rental the same as in a personal car. Some rental companies prohibit firearms by contract; that is a contract issue, not a criminal one.

Boats and watercraft. § 46.02(a-1) applies to a "motor vehicle or watercraft," and § 46.02(a-3) defines "watercraft" as any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water. In Texas waters, the personal-watercraft baseline mirrors the personal-vehicle baseline. Federal admiralty rules and Coast Guard regulations apply on federal waterways and in international waters beyond the three-mile line.

Federal facilities and the post-office trap

18 U.S.C. § 930 prohibits firearm possession in federal facilities. The prohibition follows the firearm into parking lots and curtilage:

• Federal courthouses. A handgun in a parked vehicle in a federal courthouse lot is a § 930 violation. The Texas LTC provides no defense in any federal facility.
• United States Post Office facilities. USPS regulations (39 C.F.R. § 232.1) prohibit firearms on postal property "for any purpose," and the Fifth Circuit applied the prohibition to the post office parking lot in United States v. Dorosan, 350 F. App'x 874 (5th Cir. 2009). Some district courts have read the regulation more narrowly post-Bruen; the safe answer is to leave firearms off USPS property.
• VA medical facilities and military installations. § 930 and base-specific regulations apply. Drop-off and pickup at a VA hospital with a firearm in the vehicle is a § 930 issue.

The 1,000-foot Gun-Free School Zone Act, 18 U.S.C. § 922(q), exempts holders of state licenses (Texas LTC). Non-LTC constitutional-carry travelers do not have the § 922(q) exemption and should route around K-12 school zones when carrying outside a personal vehicle.

Hunting, range, and out-of-state hunt transport

Texas does not impose a "secure wrapper" or unloaded-and-cased rule for in-state transport. A hunter or shooter driving to a Texas range or hunting lease with rifles, shotguns, and a personal handgun is on the in-state vehicle baseline. The handgun follows § 46.02(a-1); the long guns are not specifically regulated for in-vehicle transport.

A Texas-licensed hunter driving to an out-of-state hunt is on a § 926A interstate trip the moment the route crosses a state line. If both endpoints permit the firearms, § 926A protects the journey. For hunts in Wyoming, Colorado, or Oklahoma, the analysis is straightforward. For New England hunts that route through New York or New Jersey, magazine and feature rules of those states apply during transit. Pre-route the trip to avoid hostile states or comply with the most restrictive state's hardware rules along the entire path.

Out-of-state license holders driving in or through Texas

Texas recognizes a valid license to carry a handgun issued by any other state under Tex. Gov't Code § 411.173(b), so a non-resident license holder driving through Texas may carry a handgun in the vehicle. The plain-view exception in § 46.02(a-1)(1) is written for a person who "is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code," so an out-of-state license does not by itself supply that exception; a visitor under 21 relying only on an out-of-state license should keep the handgun out of plain view.

For a non-LTC, non-resident traveler at least 21, not prohibited, and not engaged in criminal activity, the § 46.02(a-1) vehicle rule applies the same as for a Texas resident. A non-resident under 21 who holds no Texas LTC does not get the § 46.02(a-1)(1) plain-view exception from an out-of-state license, and the safer course is to transport the firearm under the 18 U.S.C. § 926A configuration during the Texas leg.

Texas-specific traps for travelers

• Constitutional-carry stops at the federal facility line. § 46.02(a) authority does not extend to federal courthouses, post offices, VA hospitals, or military installations.
• 51% rule for alcohol establishments. § 46.03(a)(7) prohibits firearm possession on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74 of the Alcoholic Beverage Code and that derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission. The TABC posts a red 51% sign at the entrance. A traveler stopping for dinner during transit should screen for the sign.
• Schools, polling places, courthouses. § 46.03(a)(1)-(4) prohibit possession at schools, polling places, courthouses, and racetracks. A vehicle parked in the lot is not on "premises" under § 46.03(c)(4), so a firearm locked in the vehicle in the parking lot is outside the premises prong; the handgun on the person crossing into the building is not. At schools, § 46.03(a)(1) reaches a second thing beyond premises: grounds owned by and under the control of the school on which a school-sponsored activity is being conducted, and that clause has no parking-area carve-out.
• Federal indictment changes the rule under § 922(n). A person under federal indictment for a crime punishable by more than one year may not ship, transport, or receive a firearm in interstate or foreign commerce, regardless of state license status. § 926A does not save a § 922(n) violation.
• Plain-view + non-holstered + public-place display = § 46.02(a-5) offense. Even a qualifying adult who is otherwise lawful under § 46.02(a-1) commits an offense by intentionally displaying a handgun in plain view in a public place if the handgun is not in a holster.

Penalties at a glance

Two lines catch most non-prohibited Texas travelers: accidental TSA checkpoint violations and accidental USPS parking-lot violations. Both are avoidable with a one-minute check before each trip: was every bag and pocket swept for ammunition before leaving for the airport, and is there a federal facility on the day's itinerary that requires firearm storage off-property.

Key statutes reference

Ambiguities and notes

• "Readily accessible" in 18 U.S.C. § 926A is a fact question. The conservative posture is to treat the firearm as inaccessible only when locked in a hard-sided container in the trunk, separate from ammunition.
• § 46.03(e-1) requires the LTC holder to exit the checkpoint immediately upon notification. "Immediately" is not statutorily defined; courts have read it strictly. Any argument with TSA or attempt to surrender the firearm forfeits the defense.
• USPS parking-lot enforcement is in flux post-Bruen. The Fifth Circuit's Dorosan line remains controlling in Texas absent a Supreme Court reversal.
• Texas has no state-law analogue to a loaded-long-gun-in-vehicle prohibition. Loaded long guns in personal vehicles are not, standing alone, a Penal Code violation. Hunting transport is governed separately by Texas Parks and Wildlife regulations.
• Constitutional carry under § 46.02(a) does not include the § 46.03(e-1) checkpoint exit defense. Only LTC holders have it.
• Airline tariffs and Amtrak policies update over time. Confirm before each trip.

Governing statutes

• Tex. Penal Code ch. 46: §§ 46.01, 46.02, 46.03, 46.035, 46.15.
• Tex. Gov't Code ch. 411, subch. H: §§ 411.171, 411.172, 411.173.
• 18 U.S.C. § 926A: Firearm Owners' Protection Act interstate-transport safe harbor.
• 18 U.S.C. § 922(q): Gun-Free School Zones Act.
• 18 U.S.C. § 930: Federal facility prohibition.
• 49 C.F.R. parts 1540 and 1544: TSA aviation security rules.
• 39 C.F.R. § 232.1: USPS conduct on postal property.
• United States v. Dorosan, 350 F. App'x 874 (5th Cir. 2009): USPS parking-lot prohibition upheld.