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December 23rd, 2018
Image Courtesy NSSF. This story is based on an NSSF Article.
‘Tis the season of gift-giving (and Christmas Day is nearly here). Perhaps you’re considering giving a a first rifle to your grandson or perhaps a carry pistol to a spouse. When making a gun gift to a friend or family member, however, there are some very important legal considerations. Also the rules on firearms gift transfers vary from state to state. Bottom line here — you need to know the law BEFORE you deliver that shiny new firearm to a family member, close friend, or relative.
The first thing to remember if you’re thinking about giving someone a gun is that … it’s a gun! You already know that ownership of a firearm brings with it some serious legal and ethical obligations that other consumer products don’t. So let’s look at some questions you may have about giving a firearm as a gift.
Image Courtesy NSSF
 The first question you have to ask is whether the intended recipient can legally own the firearm where he or she lives. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. For example, juveniles (under age 18) generally speaking are precluded by law from possessing a handgun. Check out the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website for an overview of local laws and, whatever you do, don’t forget that you can never under any circumstances transfer a firearm to someone you know — or have reasonable cause to believe — legally can’t own one. That’s a federal felony, so be careful.
There’s no federal law that prohibits a gift of a firearm to a relative or friend who lives in your home state. Abramski v. United States, a recent Supreme Court decision involving a “straw purchase” of a firearm did not change the law regarding firearms as gifts. The following states (California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, Washington State) and the District of Columbia require you to transfer a firearm through a local firearms retailer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun. Maryland and Pennsylvania require a background check for private party transfer of a handgun. There are exceptions, so it’s important to check the law of your state or ask your local firearms retailer.
 Consider a Gift Card Instead of Direct Gift
The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store and buying the gun on your own, consider instead purchasing a gift certificate/card from your favorite gun retailer. Then give that gift card as the present. That way the recipient can choose the exact gun he or she wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase. The Gift Card option avoids any “straw purchaser” issues.
Intra-Family Transfers and Antique Arms
What if you want to give “Old Betsy,” your favorite old deer rifle, to your son or daughter as a college graduation gift? Again, in most states, there’s no law that says you can’t, but some states require even intra-family transfers to go through a licensed dealer. Remember, you can never transfer a firearm directly to another person who is a resident of a different state. In that case, you must transfer the firearm through a licensed dealer in the state where the person receiving the gift resides. Using a gift certificate from a firearms retailer near where the recipient lives might be a good solution. Pre-1898 antique firearms are generally exempt from the dealer requirement. [But check with the laws in your jurisdiction]. Be safe and check with your dealer or local law enforcement before you hand over your prized possession.
Regulations on Firearms Shipping to Third Parties
When you intend to transfer a gun, there are important rules on interstate shipping*. Generally speaking, you can only ship a handgun by common carrier (but not U.S. Mail) and a long gun by U.S. Mail or common carrier to a federally licensed dealer, but not to a non-licensed individual. With all carriers, federal law requires you to declare that your package contains an unloaded firearm. To be safe, always consult your carrier in advance about its regulations for shipping firearms. Also check your state laws on transfers.
*Different rules may apply to shipping to parties IN-STATE or shipping firearms to yourself in temporary care of others. Always consult your own state laws, but here are some FAQs copied directly from the ATF.GOV website:
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August 8th, 2018
Read Orchid Advisors’ Full Form 4473 Revision Report on Ammoland.com.
Dope or Guns. But Not Both…
Federal law is clear on this. Make your choice. — Dennis Santiago
You may live in a state where private use of marijuana has been decriminalized, but you still have to worry about the Federal Government. Use of marijuana (cannabis) is still prohibited under Federal law. Admitting that you smoke dope can and will prevent you from being able to purchase firearms. We raise this point because in 2016 ATF modified Forum 4473, the Federal Firearms Transaction Record, to include a new warning. The Shooting Wire explains:
 “ATF notified licensees last week that ATF Form 4473… has again been revised. There’s now a warning attached to question 11.e.
11.e is the famous question, ‘Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?’
The warning simply says that use and possession is illegal under federal statute regardless of the state’s rules. Some on social media said, ‘ATF is telling you to mark that answer “no”. Apparently they don’t remember Scooter Libby.
Lying on ATF Form 4473, as noted right above Block 14, is a federal felony — punishable by fines and a term of imprisonment. Want an all-expense paid vacation at Club Fed? If not, don’t mess with the [Federal Government].”
There are a number of other small changes and additions in the latest revision of Form 4473. These changes are reviewed in great detail by Orchid Advisors, firearms industry compliance experts. If you sell firearms, we recommend you read Orchid Advisors’ full Form 4473 Report on Ammoland.com. Below you can read all six pages of ATF Form 4473.
Download current Form 4473 from the ATF’s website at https://www.atf.gov/firearms/firearms-forms. FFL dealers should note that all six pages of Form 4473 must be printed and retained as permanent transaction records.
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July 7th, 2018
Chrysler’s 2014 Outdoorsman Series Trucks offered an optional “RamBox” with locked rifle storage.
This summer, many of our readers will be traveling to shooting matches near and far. Many of you will drive 1000 miles or more to attend major championships at Camp Perry (Ohio) and Camp Atterbury (Indiana). Along the way you’ll cross multiple state lines, and be subject to a patchwork of different state and local laws. While traveling with firearms you want to ensure you comply with all laws and regulations, even if you’re “just passing through”.
 On the NRA’s American Rifleman website you’ll find a helpful article that provides basic tips on avoiding legal entanglements when traveling from state to state with firearms in your vehicle. The basic advice is to plan out your trip in advance, researching all state and local laws that will apply. This can be a daunting task, but a Federal law, the Firearms Owners’ Protection Act (FOPA) does provide some protection for travelers.
According to the NRA: “FOPA shields you from local restrictions if you’re transporting firearms for lawful purposes. Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console.”
The NRA cautions that: “Laws vary place-to-place, and if you do anything other than pass through a state, you must obey all local laws. This is especially true when you are carrying a loaded firearm in your vehicle or on your person. There’s no shortcut here. You need to map out your trip state-by-state to be sure you stay legal during your trip.”
Resources for Travelers
The American Rifleman article also lists useful print and online resources you can consult to learn more about laws that apply when traveling with firearms:
Guide to the Interstate Transportation of Firearms (From NRA ILA.)
Federal Firearms Regulations Reference Guide (BATFE publication.)
BATFE’s State Laws and Published Ordinances — Firearms, 2010-2011
BATFE’s Answers To Frequently Asked Questions
State Gun Laws at a Glance (Includes interactive chart with info on state laws.)
The Traveler’s Guide to the Firearm Laws of the Fifty States (Printed handbook.)
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June 5th, 2018
 The National Shooting Sports Foundation (NSSF) has published a Q & A Page about FFL transfers and other FFL-related matters. The NSSF’s experts provide answers to common questions to ensure that neither FFLs nor their customers get caught in regulatory traps. Here are some of the recent questions and answers:
1. Purchase of Firearm by Parent for Child.
Q: May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (under 18 years of age)?
Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes (e.g., employment, ranching, farming, target practice or hunting), and that permission slip must be carried by the juvenile while possessing the handgun. [18 U.S.C. 922(x)]
2. May an FFL Transfer a Firearm by Way of a “House Call”?
Q: I have an elderly customer who cannot leave his home. I have a gun in my store that he wants to buy. Can I go to his house, have the Form 4473 completed, call for a background check and deliver the gun to him, providing that all the background checks clear?
A: Federal Firearms Licensees (FFLs) are required to conduct business from their licensed “business premises.” The Form 4473, Part 1, is for an over-the-counter transaction. The buyer must appear in person at the FFL premises. Licensees may not conduct firearms transactions from locations other than their licensed premises, with the exception of gun shows or other events dedicated to the sporting use of firearms and held in the state where the FFL’s premises is located. An FFL who locates purchasers by other means must complete the transaction and all required paperwork at the business premises indicated on the FFL’s license.
3. Can the Spouse of a Transferee (Buyer) Pick Up a Firearm?
Q: A customer filled out a Form 4473 on a shotgun. The NICS background check reply was delayed, but the following day NICS approved the purchase. The customer could not get back to my store during open hours, however, so he sent his wife to pick it up. May I transfer the shotgun to her?
A: The shotgun may not be transferred to the customer’s wife, as she is not the intended transferee. The customer must return to the store himself and complete the ATF Form 4473 to receive the firearm. He must recertify that his answers in section A are still true, correct and complete by signing and dating Section C on the ATF Form 4473.
4. What Is the Procedure for an Older Firearm with No Serial Number?
Q: I have received a firearm on trade. It was made before 1968 and has no serial number. I must note the physical markings on the firearm in my records. What do I do in this case?
A: Unfortunately, marking requirements that existed before 1968 did not apply to all firearms. Many of the firearms manufactured and imported prior to 1968 bear no serial numbers or other markings. Licensees who receive these firearms should note in each descriptive column in the acquisition record the physical markings that appear on the firearms. If no serial number was placed on the firearm, it should be specifically noted that “Firearm has no serial number” or recorded “NSN.” Remember, however, it is illegal to remove or alter a firearm’s serial number, and a licensee should report such a firearm to the nearest ATF office. Refer to the ATF P 3317.2, Safety and Security Information for Federal Firearms Licensees.
5. What Should Be Done if an FFL Finds a Firearm That Was Previously Reported Lost?
Q: I’ve reported a lost firearm. I’ve done all the necessary paperwork and notifications. Now, I’ve found the firearm. What is my course of action?
A: FFLs who report a firearm as missing and later discover its whereabouts should advise the ATF, as well as their local law enforcement agency, that the firearms have been located. The ATF can be contacted at 888-930-9275. In addition, once the firearms are located, they must be re-entered into the Acquisition and Disposition (A&D) record as an acquisition entry.
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February 16th, 2017
In the near future, there could be changes in the way the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) treats sound suppressors (aka “moderators” or “silencers”). An official government White Paper, dated 1/20/17, was recently leaked to the press and revealed by the Washington Post.
CLICK HERE to READ FULL Text of ATF WHITE PAPER
The ATF White Paper makes some key points about suppressors:
1. 42 States currently allow silencers.
2. Silencers are not a threat to public safety, and are rarely used in criminal activities.
3. The inclusion of suppressors in the NFA is “archaic” and should be reevaluated.
4. The definition of regulated suppressor components should be narrowed, so that only key items are regulated as opposed to “any combination of [silencer] parts”.
5. A change in Federal law removing silencers from regulation under the NFA would save resources, allowing the ATF to focus on reducing actual gun-related crime.
Here is the operative text of the ATF White Paper:
Current Federal law requires ATF to regulate silencers under the NFA. This requires a Federal tax payment of $200 for transfers, ATF approval, and entry of the silencer into a national NFA database. In the past several years, opinions about silencers have changed across the United States. Their use to reduce noise at shooting ranges and applications within the sporting and hunting industry are now well recognized.
At present, 42 states generally allow silencers to be used for sporting purposes. The wide acceptance of silencers and corresponding changes in state laws have created substantial demand across the country. This surge in demand has caused ATF to have a significant backlog on silencer applications. ATF’s processing time is now approximately 8 months. ATF has devoted substantial resources in attempts to reduce processing times, spending over $1 million annually in overtime and temporary duty expenses, and dedicating over 33 additional full-time and contract positions since 2011 to support NFA processing. Despite these efforts, NFA processing times are widely viewed by applicants and the industry as far too long, resulting in numerous complaints to Congress. Since silencers account for the vast majority of NFA applications, the most direct way to reduce processing times is to reduce the number of silencer applications. In light of the expanding demand and acceptance of silencers, however, that volume is unlikely to diminish unless they are removed from the NFA. While DOJ and ATF have historically not supported removal of items from the NFA, the change in public acceptance of silencers arguably indicates that the reason for their inclusion in the NFA is archaic and historical reluctance to removing them from the NFA should be reevaluated.
ATF’s experience with the criminal use of silencers also supports reassessing their inclusion in the NFA. On average in the past 10 years, ATF has only recommended 44 defendants a year for prosecution on silencer-related violations; of those, only approximately 6 of the defendants had prior felony convictions. Moreover, consistent with this low number of prosecution referrals, silencers are very rarely used in criminal shootings. Given the lack of criminality associated with silencers, it is reasonable to conclude that they should not be viewed as a threat to public safety necessitating NFA classification, and should be considered for reclassification under the [Gun Control Act] (GCA].
If such a change were to be considered, a revision in the definition of a silencer would be important. The current definition of a silencer extends to “any combination of [silencer] parts”, as well as “any part intended only for use in” a silencer. Compared to the definition of a firearm, which specifies the frame or receiver is the key regulated part, any individual silencer part is generally regulated just as if it were a completed silencer. Revising the definition could eliminate many of the current issues encountered by silencer manufacturers and their parts suppliers. Specifically, clarifying when a part or combination of parts meets a minimum threshold requiring serialization would be useful.
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December 22nd, 2016
Image Courtesy NSSF
By Bill Brassard for NSSF
‘Tis the season of gift-giving (and Christmas Day is almost here). As hunters, shooters, collectors or just plain plinkers, it’s a natural instinct to want to share our enjoyment of firearms with others. What better way to do that than to make a gift of a firearm to a family member, close friend or relative?
The first thing to remember if you’re thinking about giving someone a gun is that … it’s a gun! You already know that ownership of a firearm brings with it some serious legal and ethical obligations that other consumer products don’t. So let’s look at some questions you may have about giving a firearm as a gift.
The first question you have to ask is whether the intended recipient can legally own the firearm where he or she lives. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. For example, juveniles (under age 18) generally speaking are precluded by law from possessing a handgun. Check out the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website for an overview of local laws and, whatever you do, don’t forget that you can never under any circumstances transfer a firearm to someone you know — or have reasonable cause to believe — legally can’t own one. That’s a federal felony, so be careful.
Though there’s no federal law that prohibits a gift of a firearm to a relative or friend that lives in your home state, some states (such as California) require you to transfer the gun through a local firearms dealer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun.
The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store, buying it on your own and giving it to, say your father, consider instead purchasing a gift certificate from that retailer and giving it to Dad as his present. That way he’ll get the exact gun he wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase.
You can only ship a handgun by common carrier (but not U.S. Mail) and a long gun by U.S. Mail or common carrier to a federally licensed dealer, but not to a non-licensed individual. With all carriers, federal law requires you to declare that your package contains an unloaded firearm. To be safe, always consult your carrier in advance about its regulations for shipping firearms.
What if you want to give “Old Betsy,” your favorite old deer rifle, to your son or daughter as a college graduation gift? Again, in most states, there’s no law that says you can’t, but some states require even inter-family transfers to go through a licensed dealer. Remember, you can never transfer a firearm directly to another person who is a resident of a different state. In that case, you must transfer the firearm through a licensed dealer in the state where the person receiving the gift resides. Using a gift certificate from a firearms retailer near where the recipient lives might be a good solution. Pre-1898 antique firearms are generally exempt from the dealer requirement. [But check with the laws in your jurisdiction]. Be safe and check with your dealer or local law enforcement before you hand over your prized possession.
About the National Shooting Sports Foundation
The National Shooting Sports Foundation is the trade association for the firearms industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of more than 6,000 manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers. For more information, log on to www.nssf.org.
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September 2nd, 2016
Smokeless Powder Photo courtesy GunsAmerica.com, Reloading Powder Feature.
There has been a hue and cry on some internet sites about changes in smokeless powder classifications by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Writers have been concerned that recent interpretations by the ATF would make it much more difficult to store and transport reloading powders, which in turn could lead to price increases and/or powder shortages. Concern arose over the potential re-classification of “wetted” Nitrocellulose as a “high explosive”. Since “high explosives” are subject to more stringent rules, such re-classification would alter the way common smokeless propellants could be lawfully stored and transported.
Thankfully, there is good news. On August 31st the ATF issued an Addendum to its June 16 ATF Explosives Industry Newsletter saying that its policies regarding smokeless powders containing Nitrocellulose will not change… at least for now:
Based on this “Addendum”, it seems the ATF has tabled its proposal to classify Nitrocellulose-based smokeless powders as “high explosives”.
The NRA Institute for Legislative Action (NRA ILA) confirms that the ATF has backed off, so that current practices for powder storage and transport can continue unchanged. Thus hand-loaders should NOT face an impending powder shortage and/or price hikes. Here is the NRA ILA’s report:
ATF Delays Any Changes to Nitrocellulose Regulation
Earlier this summer, ATF released an Explosives Industry Newsletter that changed the agency’s treatment of nitrocellulose, the primary component in smokeless powders used in modern ammunition. This change had the potential to seriously disrupt ammunition supply in the United States because it changed a long-standing ATF policy that exempted properly “wetted” nitrocellulose from treatment as an explosive under federal law.
NRA and [shooting industry representatives] raised these concerns to ATF and any change in ATF’s treatment of nitrocellulose is now officially delayed. In an addendum to the earlier newsletter, ATF announced that it “will conduct further industry outreach concerning wetted Nitrocellulose. In the interim, previously authorized industry practices concerning wetted Nitrocellulose will NOT be affected.”
While the addendum doesn’t indicate that ATF has permanently abandoned this change to nitrocellulose regulation, smokeless powder manufacturers will be permitted to continue normal operation, at least for the time being. NRA will continue to work to ensure that any future change to nitrocellulose regulation will not affect ammunition supply.
ATF Industry Newsletter Caused Concern
The cause for firearms industry concern was the ATF’s statement about Nitrocellulose published in the June 2016 ATF Explosives Industry Newsletter. The key language is shown in the right column below. According to the NRA ILA, the ATF has, at least for the time being, decided NOT to change its policies regarding the storage and transport of “wetted” Nitrocellulose. Accordingly, “smokeless powder manufacturers will be permitted to continue normal operation”.
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March 20th, 2016
Guns and more guns — over 12.25 million guns* were added to U.S. private inventories in 2014 based on reports from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In 2014, 9,050,626 firearms were manufactured in the USA, while 3,625,268 firearms were imported and 420,932 firearms were exported. The total of guns made and imported in 2014 (minus guns exported that year) works out to 12,254,962 firearms, bringing the total U.S. cumulative stock to over 375 million! Yes that means there were over 375 million firearms in the USA as of the end of 2014. That’s more than one gun for every man, woman, and child in the country. And a lot more were added in 2015…
While the number of guns added in 2014 was impressive, it appears that the number of guns added last year (2015) may exceed the 2014 figures, breaking all-time records.
Dean Weingarten explains: “You see, 2015 was a record year for NICS checks, at 23,141,970. It will take another year before we find out if the number of firearms added to the private stock exceeded the record set in 2013, of 16.031 million. I expect that another 13.422 million will have been added in 2015, but it could be as high as 17.588 million, based on the 2013 ratio of NICS checks to firearms added.”
“The number of NICS checks for 2014 was 20.969 million, slightly lower than in 2013, which was 21.094 million (rounded to the nearest thousand). Many NICS checks are used to purchase firearms that are already in the private stock; a fair number are used for background checks on carry permits; and more than one firearm may be purchased with a single background check.”
Story based on report ©2016 by Dean Weingarten: Permission to share is granted when this notice is included. For more information: Link to Gun Watch.
*This 2014 firearms total includes rifles, shotguns, handguns and others, “others” being mostly receivers that might become either rifles or handguns when finished. It does not include firearms produced for the military services.
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February 21st, 2016
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued updated regulations regarding firearms lost or stolen in transit. The new standards require FFLs to report in-transit theft or loss of firearms within 48 hours of discovery. Each licensee shall report the theft or loss by telephoning ATF at 1–888-930–9275, and by preparing and submitting ATF Form 3310.11. The disposition entry should indicate whether the incident is a theft or loss, the ATF-Issued Incident Number, and the Incident Number provided by the local law enforcement agency. If any of the firearms are later located, they should be re-entered into the A&D Record as an acquisition entry. A comprehensive, 12-page discussion of the new rule, which went into effect on February, 11, 2016, is set forth in the Federal Register.
The BATF has provided compliance instructions on its website. The NSSF anticipates these instructions will be updated in the near future to reflect the new regulations. In the meantime, we suggest that FFLs read the Rule Change Notice in the Federal Register.
Official Summary of Rule Change for Firearms Lost or Stolen in Transit
SUMMARY: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) concerning the statutory reporting requirement for firearms that have been stolen or lost. The final rule specifies that when a Federal Firearms Licensee (FFL) discovers a firearm it shipped was stolen or lost in transit, the transferor/sender FFL must report the theft or loss to ATF and to the appropriate local authorities within 48 hours of discovery. The rule also reduces an FFL’s reporting burden when a theft or loss involves a firearm registered under the National Firearms Act (NFA) and ensures consistent reporting to ATF’s NFA Branch.
In addition, the rule specifies that transferor/sender FFLs must reflect the theft or loss of a firearm as a disposition entry in their required records not later than 7 days following discovery of the theft or loss; moreover, if an FFL reported the theft or loss of a firearm and later discovers its whereabouts, the FFL must advise ATF that the firearm has been located and must re-enter the firearm into its required records as an acquisition or disposition entry as appropriate.
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August 9th, 2015
There has been a huge growth in the number of registered suppressors in the USA. From 2014 to 2015, the number of NFA-registered suppressors rose from 571,150 to 792,282. That’s a 39% increase in just one year! It’s remarkable that there are nearly 800,000 suppressors now registered in the USA. These stats are based on data published in the latest Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Firearms Commerce Report.
According to Knox Williams, president of the American Suppressor Association, “The suppressor market grew more [from 2014-2015] than it did in the previous two years combined. This unprecedented growth is in large part due to educational initiatives, and the passage of 11 pro-suppressor laws and regulations last year.” (Source: Guns.com.)
We expect suppressors (also known as “cans”, “silencers” or “sound moderators”) to become even more popular in the years to come. This trend will continue: “As more target shooters and hunters realize the many benefits suppressors provide, their popularity across the United States will continue to increase,” said NSSF Senior Vice president and General Counsel Larry Keane.
Texas Leads the Way in Suppressor Ownership
Currently, 41 states permit ownership of Federally-registered suppressors. While suppressor ownership rates are increasing in all those 41 states, forty percent (40%) of all registered suppressors are found in five key states: Texas (130,769), Georgia (59,942), Florida (50,422), Utah (50,291) and Oklahoma (27,874).
Suppressor CAD drawing by Reimo Soosaar, hosted on GrabCAD.com.
Silencer infographic by SilencerCo.com.
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September 16th, 2014
On the NRA’s American Rifleman website you’ll find a helpful article that provides basic tips on avoiding legal entanglements when traveling from state to state with firearms in your vehicle. The basic advice is to plan out your trip in advance, researching all state and local laws that will apply. This can be a daunting task, but a Federal law, the Firearms Owners’ Protection Act (FOPA) does provide some protection for travelers.
According to the NRA: “FOPA shields you from local restrictions if you’re transporting firearms for lawful purposes. Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console.”
The NRA cautions that: “Laws vary place-to-place, and if you do anything other than pass through a state, you must obey all local laws. This is especially true when you are carrying a loaded firearm in your vehicle or on your person. There’s no shortcut here. You need to map out your trip state-by-state to be sure you stay legal during your trip.”
Resources for Travelers
The American Rifleman article also lists useful print and online resources you can consult to learn more about laws that apply when traveling with firearms:
Guide to the Interstate Transportation of Firearms (From NRA ILA.)
Federal Firearms Regulations Reference Guide (BATFE publication.)
BATFE’s State Laws and Published Ordinances — Firearms, 2010-2011
BATFE’s Answers To Frequently Asked Questions
State Gun Laws at a Glance (Includes interactive chart with info on state laws.)
State-by-State Handgun Laws (Website summarizes laws by state.)
The Traveler’s Guide to the Firearm Laws of the Fifty States (Printed handbook.)
Chrysler’s Outdoorsman Series Trucks offer an optional “RamBox” with locked rifle storage.
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April 13th, 2014
If you have a Federal Firearms License, or work with an FFL-holder, please read this story — there is an important change in the way the Bureau of Alcohol, Tobacco, Firearms & Explosives (BATFE) will handle forms. It appears the the BATFE’s eform system was not ready for prime time, so it is being shelved for the time being. This means that import forms, NFA forms, and AFMER reports must now be submitted via paper “hard copies”.
In early April, BATFE took its troubled eForms program offline. A BATFE notice stated that: “The eForms software is not performing to our expectations. As a result, we are taking the eForms system down until further notice. We apologize for any inconvenience and appreciate your patience as we work with our industry partners to deliver a quality product. Any eForm (already) submitted will continue to be processed. The finalized forms will be sent to the user via email. Until the eForms system is returned to service for the industry, all imports forms (Forms 6 Part I and 6A), NFA forms (1, 2, 3, 4, 5, 9 and 10), and AFMER reports (Form 5300.11) must be submitted via paper, including any eForms in draft status.” Questions should be directed to eForms.admin [at] atf.gov.
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