Virginia OKs gun carry on trains

September 19, 10:53 AMDC Gun Rights ExaminerMike Stollenwerk

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Amtrak Acela Express train in New Haven, CT

After all the howling earlier this week over at the New York Times Editorial Board about Senate passage of the Wicker Amendment, its refreshing to learn that the Board of Directors of the Virginia Rail Express (VRE) voted yesterday to let train riders carry guns. While the Wicker Amendment passed by the Senate this week requires AMTRAK to let train riders check their unloaded guns in cases onto trains as is done by the airlines, the VRE Board passed a resolution just two days later (September 18, 2009) to let riders carry loaded guns.

The new official policy just conforms VRE regulations to Virginia law which is like that of most states, requiring a permit to conceal handguns, and requiring that those open carrying handguns be at least 18 years of age (no permit required).  But citizen carry of loaded guns on trains in the DC Metro areas is not really new news.

The Washington Metropolitan Area Transit Authority (WMATA, pronounced "wamata) has consistently confirmed that WMATA only enforces state or DC gun laws on its trains, so in Virginia the train carry rules are as stated above, and in Maryland, one needs a carry permit for both open and concealed carry.  And in fact, almost every state follows either Virginia or Maryland style carry laws on trains.

It is of course unlawful under federal law at 18 USC 922(e) to use a train or other common carrier to ship and deliver a firearm "in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors."  But this is the familiar federal rule applicable by vehicle or on foot as well - since 1968 federal law has mandated use of the gun dealer network to execute interstate gun transfers, though intestate transfers are exempt, and of course folks are free to set up residences in other states and can then sell their guns to others living in that state in private sales.  See generally 18 USC 922(a)&(b).

However, as is the case in vehicle or foot travel, nobody commits a crime under federal law (unless you count DC law) for merely traveling the country while carrying your loaded gun on AMTRAK.  And while this may violate AMTRAK's non-criminal "rules," these rules are constitutionally questionable under the US Supreme Court's decision in  Lebron v. National R.R. Passenger Corp., 513 U.S. 374 (1995) (holding that where the Government creates a corporation by special law (i.e., AMTRAK) for the furtherance of governmental objectives, and retains for itself permanent authority to appoint a majority of that corporation's directors, the corporation is part of the Government for purposes of the First Amendment). 

Interestingly, the AMTRAK rules only purport to ban carry of guns in "checked and carry-on baggage," not handguns carried on your person.  AMTRAK further warrants that any passenger may refuse search or ID checks and "and a refund will be offered."

So hats off to the VRE Board for doing the right thing and clarifying that commuters can carry guns on trains just like they can off the train.  And hats off to Senator Roger Wicker (R - Mississippi) for pushing AMTRAK to allow riders to check unloaded guns - after all, who wants to hold  that long gun in your arms for hours and hours on the nice and comfortable Acela Express? 

But let's just hope the House of Representatives passes the Wicker Amendment "as is" and not with any rider purporting to ban the currently legal carry of loaded guns by passengers on AMTRAK trains.