firearm carry in a vehicle

Question
I live in Wyoming and frequently travel to Texas, I want to know if it is legal to keep a loading gun in my vehicle will traveling. According to the research I have done federal law states that it is not legal to have a firearm and ammo within the cab area but each has different laws.  When does federal law overrule state law?

Answer
Kris,

Since this one is a little complicated and involves legal interpretation, I need to state that I am not an attorney and cannot give you legal advice.  You should not rely on what I am about to tell you as legal advice.  If you need legal advice, you should hire an attorney familiar with the applicable state and federal laws.

Based on my reading of your question and my reading of the applicable laws

I'm not sure of the route that you take when traveling to Texas from Wyoming.  In terms of the various state laws regarding how you may transport a firearm in your vehicle, I have briefly summarized the laws of each state below:

Wyoming-loaded firearms may be carried in plain view or secured in gun cases anywhere in the vehicle.

Nebraska-loaded rifles and handguns must be in plain view or placed in the trunk of the vehicle.  Shotguns must be unloaded.

Kansas-loaded firearms must be carried in plain view, glove box or vehicle storage compartment.

Colorado-firearms can be carried anywhere in a vehicle.  Handguns may be loaded, but rifles and shotguns must be unloaded.

New Mexico-loaded concealed firearms may be carried anywhere in a private automobile for self protection.

Oklahoma-firearms carried in the passenger compartment of the vehicle.  Magazine loaded rifles and shotguns may be transported in the trunk.

Texas-loaded handguns and long guns may be carried concealed anywhere in a vehicle.

I believe the Federal law that you are referring to is commonly known as the "Peaceable Journey Law".  It states:


TITLE 18朇RIMES AND CRIMINAL PROCEDURE
PART I朇RIMES
CHAPTER 44朏IREARMS
Sec. 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport a
firearm for any lawful purpose from any place where he may lawfully
possess and carry such firearm to any other place where he may lawfully
possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in
the case of a vehicle without a compartment separate from the driver抯
compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.

In this case, you can legally have a firearm in your vehicle under the laws of the state where you are traveling.  In no case can the state law prevent you from transporting your firearm under the terms of the federal statute.  

Let me give you an example of what I mean.  Let's say you were traveling from a state that had very relaxed laws regarding firearms through a state that had very restrictive laws regarding firearms.  The federal law is in place to permit you to travel through the restrictive state as long as your unloaded fun was locked in the trunk and not accessible from the passenger compartment.  If you don't have a trunk it has to be locked in a separate, locked container.

This law is in place to insure there is some consistency in the law with respect to transporting a firearm across state lines.  If the state law is more lenient than the federal law, then the state law generally applies.

If you are a commercial driver, your company may have policies against you having a firearm in the vehicle, but in my opinion, federal law does not prohibit it.  

Best regards,

Doug