The safest way to transport a firearm is to ensure it is unloaded and securely stored in a locked case that is not accessible from the passenger compartment or glove box of a vehicle. Always comply with federal and state regulations regarding firearm transportation, and verify that you are legally permitted to transport the firearm.
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Transporting Firearms Legally and Safely
When it comes to selling firearms in the United States, it seems like every facet of business is regulated in some way. We have specific restrictions that tell us who can touch the guns, who can’t, to whom and where we can sell, and even regulations that tell us how to keep our records. The consequences of violating these regulations can be serious.
But that’s all to be expected. There’s no argument that selling firearms is a sensitive business. No firearms dealer wants their guns to end up in the hands of someone dangerous. So, it’s to be expected that the ATF and states have created regulations on how to transport firearms.
ATF Regulations When Transporting Firearms
The ATF’s guidelines (found in 18 U.S.C. section 926A and 27 CFR 478.138) lay out the legal requirements for firearm transportation.
Verify Your Eligibility
First, make sure you aren’t prohibited from shipping, transporting, or receiving a firearm. If you have your Federal Firearms License, you likely aren’t prohibited, but certain restrictions may come about after you receive your license. Smart Gun Laws has a great guide on prohibited persons.
For instance, you can be disqualified from possessing a firearm if there are valid reasons for prohibition, such as any active restraining orders, domestic violence charges, or convicted felon charges. If any of these have occurred, you could be prohibited from transporting firearms, even if your license hasn’t been revoked yet.
Adherence to Legal Restrictions
Next, keep in mind that you’re still bound to traditional law. You may transport a firearm from a lawful place to a lawful place, and only for a lawful purpose.
For example, transporting a silencer across state lines from Oregon to Washington would be lawful (providing you have a Class 3 FFL). However, transporting a silencer from Oregon to California would be unlawful because California does not permit the transfer of NFA firearms. If you break the law, you’ll still be held accountable, even if you have an FFL.
Transport Firearms that are Unloaded
Third, it must be an unloaded firearm. It doesn’t matter if you’re in a rush, planning to demonstrate the product, or anything else. Never transport a loaded firearm. (Truthfully, this is good advice for any gun you sell at any time.)
Secure Storage During Transport
Fourth, the firearms you’re transporting and any ammunition can’t be accessible from the passenger compartment. If you’re driving a car, put them in the trunk. If you’re driving a pickup truck, put them in the bed. If you’re driving a motor vehicle without a clear separation (like a van, SUV, or hatchback car), the firearms and ammunition must be kept in a locked container other than the glove compartment or center console, out of plain view (so you’ll need a specialty box with a combination lock or key).
State Laws and Considerations to Keep in Mind
Don’t forget that states are allowed to create laws and regulations that tighten federal law. It’s essential to know what the local laws of your state say about the transportation of firearms.
If you are stopped by a police officer, they will want to know why you are carrying firearms. It’s good advice to be open with law enforcement officers that you have several firearms in the vehicle as well as your license status. That officer will apply the different rules of the state you’re in at the time, which may be more stringent than base federal law.
States like New York, Pennsylvania, Massachusetts, New Jersey, and California have extensive firearm laws. If you’re in any of these states, or plan to pass through them with firearms, know their requirements well.
Transporting NFA Firearms
A majority of firearm sales come from three main weapon types. Many dealers only sell in these categories (along with ammunition and accessories):
- Long guns (rifles and shotguns)
- Handguns
- Firearm frames or receivers
NFA firearms are a special class of weapons. These firearms can be legally owned under federal law, but some local governments heap on additional provisions or prohibit ownership altogether. Sometimes NFA firearms are referred to as “class 3 firearms” because they require a special Class 3 FFL. These weapons include:
- Short-barreled shotguns
- Sound suppressors
- Short-barreled rifles
- Machine guns
- “Any other weapon”
That last term is intentionally vague, as it’s been used to classify pistols with more than one grip, gadget-type firearms (a gun in a guitar case or cane, for instance), and shoulder-fired weapons.
If you don’t have a Class 3 FFL, you are prohibited from transporting NFA firearms through the following states: Massachusetts, New Jersey, New York, Rhode Island, California, Delaware, Iowa, Minnesota, and Washington D.C. If you do have a Class 3 license, most of those states’ regulations aren’t applicable.
Using Employees or Associates for Firearm Transportation
If you run a business with employees, you may use them to transport inventory from time to time. This is especially useful if you have multiple locations, deliver products by hand, or use various sales channels.
The Gun Control Act of 1968 created controls for transferring firearms. This legislation makes it illegal to transfer a firearm to an unlicensed person. The Brady Handgun Violence Prevention Act created the requirement to perform a background check through the NICS on all transferees.
However, an FFL may temporarily assign firearm possession to an unlicensed employee, agent, or representative, as long as that person is not prohibited from possessing a firearm. This is because possession still remains with the FFL, the gun owner, and no transfer is made. The assignment has to be for a “bona fide business purpose,” except to sell or dispose of the gun. So you can’t assign a firearm to an unlicensed employee for them to be able to hunt or shoot targets.
When you temporarily assign a firearm to an employee, there’s no need to create a disposition record, complete a Form 4473, or complete a NICS background check because no transfer took place. If you transfer a firearm to a non-employee contractor, agent, or representative, you must follow standard transfer protocols (background check, Form 4473, and disposition record). If your agent has their own FFL, no background check is required.
Does This Mean that Employees of an FFL Can Transport Firearms?
The answer is: It depends. It is lawful for an employee to transport a firearm, as long as no transfer or disposal is made. An employee could move inventory between locations, take it home for cleaning or maintenance, or haul it to trade shows. As long as the employee is fulfilling a business purpose and the firearms remain in the possession of the business, no law is broken.
It is unlawful, however, for an employee to transport a firearm as part of a sale. For example, an employee could not deliver guns to customers. Nor could an employee transport a firearm to dispose of it elsewhere.
Streamlining Firearms Compliance with FastBound
Like anything else that has to do with selling firearms, the best strategy is to stay compliant and seek legal advice if you are unsure of the laws and requirements. When it comes to safely transporting firearms, keep them in a gun case in a closed trunk, know your state laws, know what you’re transporting and if it’s allowed in your state, and use your employees wisely.
At FastBound, we simplify ATF compliance for firearms dealers. As a leader in the industry, we have experience helping FFLs navigate the complex requirements for transporting firearms, whether that’s complying with ATF Form 4473 or helping conduct NICS checks. With our help, you gain peace of mind knowing that every aspect of the firearm transaction and transport process is supported by a proven track record of compliance. Reach out to FastBound today to see how we can streamline your operations!
Resources:
- Bureau of Alcohol, Tobacco, Firearms, and Explosives. https://www.atf.gov/
- FastBound. https://www.fastbound.com/
