Once you get your FFL, sooner or later you’ll find yourself transporting firearms that are in your inventory. Maybe you are going to a gun show, maybe you’ve changed locations, or are simply putting some inventory into storage somewhere. Either way, you’ve got a car full of guns and want to make sure you are following the law – especially if you are crossing state lines.
The good news is it isn’t terribly difficult unless you are transporting certain NFA items. Then it is somewhat annoying. Also, some states simply don’t care about Federal laws that protect the lawful transport of guns, and will screw you over hard if they can. But we’ll get to that in a minute. So let’s start by looking at the basics of transporting guns as an FFL dealer…
Federal law protects the right to travel from point A to point B with guns that are legal on either end of your journey, even if you pass through states that ban those guns. On paper that sounds good. In reality, states like New Jersey are infamous for arresting people who were literally just passing through. New York, California, Massachusetts, and even Pennsylvania are also well known for ignoring this protection.
However, assuming you aren’t passing through a state that doesn’t understand how gun rights work, the process is stupidly simple. Unload the guns, and lock them up in your trunk, or in locked cases or pretty much anywhere else in your vehicle that isn’t the glove compartment or center console. The key is ensuring that neither the gun, nor any ammo is “readily accessible or directly accessible” from the passenger compartment of the vehicle. As long as the ammo and guns are separate and the guns are secured and not easily accessible by anyone, you are good to go!
Of course if you have a valid concealed pistol license or are in a state that does not require one, you can still legally carry a loaded handgun under the laws of whatever state you are in.
This is a bit tricker. While you do not have to notify the ATF and file paperwork when transporting a silencer, there IS a process you have to follow when transporting any other NFA item across state lines. (Remember, if you are transporting within your home state, none of this applies, and you just transport it as with any other firearm, unless local or state law adds additional requirements.)
If you are transporting an NFA item, you must file an “Application to Transport Interstate Certain NFA Firearms” You may experience difficulty transporting NFA items through certain states like California and even some midwestern states. Because laws change quickly, check with the ATF for instructions on how to transport your NFA item, or consult with a firearms attorney.
However… if you are a FFL holder with a Class 03 SOT, most of these transport rules no longer apply to you. For instance you do not need ATF permission to move a machine gun across state lines, and many states that prohibit private parties from transporting certain NFA items may have exceptions for licensed dealers and manufacturers. We’ll show you how you can learn more about that a little bit down in this article.
So with NFA items other than silencers these basic rules apply:
Still complicated for most folks, but not too bad…
Other than a legally carried loaded handgun, you have to keep ammo secure and apart from guns you are transporting. The easiest way to do it is to just put it all in locking boxes and put it in your trunk or other out of reach location.
If you are just transporting ammo, unless local or state laws say otherwise, or you are transporting in volumes that require hazmat certification, you can pretty much load and transport it however is easiest for you.
When transporting ammo with guns remember the following:
Note, many of these rules apply for interstate travel. Some states may not care how you transport guns and ammo, or may have lax rules. Others may have more stringent rules, so be sure to know state and local laws if transporting guns and/or ammo in state.
If you are interested in manufacturing or dealing in NFA items, you have to have an 03 SOT along with your regular FFL. This brings some big advantages though. Namely, you don’t have to get ATF permission to transport certain NFA items across state lines. That means you can simply transport NFA items like any other firearm subject only to local or state laws. Pretty nice huh?
FFL holders do not face any real unique restrictions on interstate transport of guns and ammo. They have to follow the same rules and laws as any other gun owner. Only 03 SOT holders get a break when it comes to interstate transport of NFA items.
Some states make it very hard to transport guns across their state lines, others don’t care. Even with Federal protection, many people have ran afoul of oppressive state laws that ignore the rights of gun owners.
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