Moving Firearms Across State Lines

Moving to a new state is complicated enough without worrying about the legal maze surrounding firearm transportation. Whether you’re a collector with a safe full of handguns, a hunter with rifles and shotguns, or a responsible gun owner with a single firearm for home protection, understanding the laws is essential. Get it wrong, and you could face serious legal consequences, including felony charges.

This guide breaks down everything you need to know about moving firearms across state lines—from federal regulations to state-specific requirements, transportation methods, and what professional movers can (and can’t) do to help.

Understanding Federal Laws: The Foundation

Before diving into state-specific regulations, you need to understand the federal laws that govern firearm transportation across state lines. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) sets these baseline rules that apply nationwide.

The Firearm Owners Protection Act (FOPA)

The FOPA, passed in 1986, includes a “safe passage” provision that protects gun owners traveling through states with restrictive gun laws. Under 18 U.S.C. § 926A, you can legally transport firearms through any state, even those where your firearms might not be legal to possess, as long as:

• You’re traveling from one place where you can legally possess the firearm to another place where you can legally possess it
• The firearm is unloaded
• The firearm is not readily accessible from the passenger compartment (locked in the trunk, or in a locked container if there’s no trunk)
• Ammunition is stored separately from the firearm

Important caveat: This protection only applies when you’re actively traveling through a state. If you stop for an extended period or deviate from your route, you may lose this protection. Plan your route carefully and minimize stops in restrictive states.

What FOPA Doesn’t Cover

FOPA’s safe passage provision has limitations. It doesn’t protect you if:

• You’re moving to a state where your specific firearm is illegal
• You’re transporting NFA items (fully automatic weapons, short-barreled rifles, suppressors) without proper paperwork
• You make an extended stop in a restrictive state during your move
• Local law enforcement in states like New York or New Jersey may not be familiar with FOPA protections, leading to potential complications even if you’re legally protected

State-Specific Laws: Know Before You Go

This is where things get complicated. Each state has its own laws regarding firearm ownership, registration, permits, and what types of firearms are legal. Moving from Texas (very permissive) to California (highly restrictive) requires careful planning.

Research Your Destination State

Before your move, thoroughly research your destination state’s laws. Key questions to answer:

• Are all your firearms legal in the new state? Some states ban specific models, features (like high-capacity magazines), or entire categories (like assault weapons).

• Does the state require firearm registration? States like Hawaii, California, and New York require you to register firearms within a certain timeframe after moving.

• Do you need a permit to own or purchase? Some states require licenses (Illinois FOID, Massachusetts LTC) even to possess firearms in your home.

• Are there magazine capacity limits? California, Colorado, Connecticut, and others restrict magazine capacity to 10-15 rounds.

• What are the concealed carry laws? Your current concealed carry permit may not be valid in your new state.

• Are there waiting periods for transfers? Some states impose waiting periods even when bringing your own firearms.

States with Strict Requirements

If you’re moving to these states, expect additional paperwork and restrictions:

• California: Banned firearms list, 10-round magazine limit, roster of approved handguns for purchase (though you can bring non-roster guns when moving), registration required within 60 days

• New York: Strict assault weapon ban, permit required for handgun possession, registration required

• New Jersey: Some of the nation’s strictest laws, Firearm Purchaser ID card required, strict assault weapon restrictions

• Massachusetts: License to Carry or Firearms Identification Card required, assault weapon ban, registration required

• Hawaii: All firearms must be registered within 3 days of arrival, permit required

• Connecticut: Assault weapon ban, large-capacity magazine ban, registration and permits required

• Illinois: Firearm Owner’s Identification (FOID) card required for possession, assault weapon restrictions in some jurisdictions

NFA Items and Special Regulations

If you own items regulated under the National Firearms Act (NFA), you face additional requirements when moving. NFA items include:

• Machine guns (fully automatic firearms)
• Short-barreled rifles (SBRs) and short-barreled shotguns (SBSs)
• Suppressors (silencers)
• Any Other Weapons (AOWs)
• Destructive devices

The ATF Form 5320.20

If you’re moving NFA items to a new state (even temporarily), you must file ATF Form 5320.20 and receive approval before transporting the items across state lines. This applies to permanent moves, not just visits.

Process:

• Submit Form 5320.20 electronically through eForms or by mail
• Wait for ATF approval (can take several weeks to months)
• Carry approved forms with you during transport
• Update your address with the ATF after moving

Critical note: Some states prohibit certain NFA items entirely. Research your destination state’s laws before filing your form. Moving to California, Hawaii, or New York with most NFA items is illegal, regardless of federal approval.

How to Safely Transport Firearms During Your Move

Safe, legal transport isn’t just about following laws—it’s about protecting your valuable items and ensuring everyone’s safety during the move.

Personal Vehicle Transport

Most gun owners prefer to transport their firearms personally. Here’s how to do it safely:

• Keep firearms unloaded: Remove all ammunition from the firearm and any attached magazines.

• Lock them up: Use a hard-sided, locked container. Your vehicle’s trunk counts as locked storage if you’re driving a sedan. If you’re driving an SUV or truck without a separate trunk, use a locked gun case or safe that’s not easily accessible from the cab.

• Store ammo separately: Keep ammunition in a separate locked container, ideally in its original packaging.

• Keep paperwork accessible: Have proof of ownership, any required permits, and for NFA items, your approved Form 5320.20 easily accessible (but not in the same container as the firearms).

• Plan your route: Minimize time spent in states with restrictive laws. If you must stop overnight, keep firearms locked in your hotel room safe or vehicle.

• Never leave firearms visible: Even legal firearms attract thieves. Keep everything out of sight.

Professional Moving Companies

Most professional moving companies, including Element Moving & Storage, cannot transport firearms. Federal law prohibits common carriers from transporting firearms without proper licensing. However, there are some options:

• Transport firearms yourself: The safest and most common approach. Load them in your personal vehicle on moving day. When you’re planning your long-distance move, factor in time to personally transport your firearms separately from your household goods.

• Ship through an FFL: You can ship firearms to a Federal Firearms License (FFL) holder in your destination state, then pick them up after you arrive. This is particularly useful for valuable collections or when moving to states with complex registration requirements.

• Specialized firearms moving companies: A few companies specialize in firearms transportation and have the proper federal licensing. These services are expensive but may be worth it for large collections.

• Gun safes are different: While movers can’t transport the firearms themselves, they can move your gun safe. Just make sure it’s completely empty first. Learn more about safely moving your gun safe with professional help.

Pro tip: If you’re using a moving company for your household goods, clearly communicate that you’ll be transporting firearms separately. This prevents any confusion or delays on moving day. Check out our guide on finding a reputable moving company to ensure you work with professionals who understand these regulations.

Shipping Firearms: When and How

In some situations, shipping firearms makes more sense than driving them across the country. Here’s what you need to know.

Legal Requirements for Shipping

• Handguns: Must be shipped to an FFL (Federal Firearms License holder) in your destination state, even if you’re shipping to yourself. USPS prohibits handgun shipments from non-licensed individuals. Use UPS or FedEx, and their policies require overnight shipping.

• Long guns (rifles/shotguns): Can be shipped to yourself via USPS, UPS, or FedEx. You must clearly mark the outside of the package as “ORM-D” or “FIREARMS” depending on the carrier’s requirements. Check current carrier policies as they change frequently.

• NFA items: Require ATF approval before shipping across state lines. Ship only after receiving Form 5320.20 approval.

• Declare to carrier: You must inform the carrier that you’re shipping a firearm. Failure to declare is illegal and can result in criminal charges.

Packaging for Shipment

• Use a sturdy box with plenty of padding
• Remove all ammunition (ship separately if needed)
• Consider using the original manufacturer’s case if available
• Don’t use marking tape or labels that advertise the contents
• Insure the shipment for full value
• Keep tracking information and copies of all paperwork

Registration and Compliance After Arrival

Your responsibilities don’t end once you arrive at your new home. Most states with registration requirements give you a limited window to comply.

State Registration Deadlines

• Hawaii: 3 days to register all firearms
• District of Columbia: 5 days to register
• California: 60 days to register assault weapons (if permitted); handguns don’t require registration if legally acquired
• New York: Required at time of moving in; process varies by county
• Illinois: Must obtain FOID card before taking possession; 30 days to update address after moving

Other Post-Move Tasks

• Update your concealed carry permit: Apply for a new permit in your destination state. Your current permit may not be valid.

• Join a local gun range: Many ranges can help with local compliance questions and may offer storage options during your transition.

• Find a local FFL: Establish a relationship with a local federally licensed dealer who can help with future purchases and transfers.

• Secure proper storage: Ensure your new home has adequate security for firearms. Some jurisdictions require specific storage methods.

• Update ATF records: If you own NFA items, notify the ATF of your address change within 30 days.

Common Mistakes to Avoid

These errors can turn your move into a legal nightmare:

1. Assuming Your State’s Laws Apply Everywhere

Just because your AR-15 is legal in Texas doesn’t mean it’s legal in New York. Research every state you’ll pass through and your destination state’s laws thoroughly.

2. Forgetting About Magazine Capacity Laws

Your 30-round magazines might be illegal in your new state. Don’t bring them—possession alone can be a crime, even if they’re empty and locked away.

3. Making Extended Stops in Restrictive States

FOPA’s safe passage protection diminishes if you stop for days in a restrictive state. Plan your route to minimize stops in states like New Jersey or California.

4. Failing to File NFA Forms

Moving NFA items without approved Form 5320.20 is a federal felony. Always file well in advance of your move date.

5. Trusting Professional Movers with Firearms

Most moving companies can’t legally transport firearms. Don’t put movers in a difficult position—take responsibility for your own firearms. This is similar to items movers won’t move—know the limitations before moving day.

6. Missing Registration Deadlines

Some states give you as little as 3 days to register firearms after moving. Mark these deadlines on your calendar and don’t miss them—penalties can be severe.

7. Not Keeping Proper Documentation

Keep bills of sale, ownership documentation, carry permits, and approved ATF forms with you during transport. If stopped by law enforcement, these documents prove legal ownership and compliance.

Insurance and Protection During Your Move

Firearms are valuable and irreplaceable. Protecting them during a move requires special consideration.

Homeowner’s or Renter’s Insurance

Most standard policies have limitations on firearm coverage, often capping payouts at $2,500-$5,000 total, regardless of actual value. Before your move:

• Review your current policy’s firearms coverage limits
• Consider a scheduled personal property endorsement for valuable firearms
• Document your collection with photos and serial numbers
• Get professional appraisals for collectible or antique firearms

Specialized Firearms Insurance

Companies like Eastern Insurance Group and Lockton Affinity offer firearms-specific policies that provide:

• Higher coverage limits
• Coverage during transport
• No deductible on theft claims
• Agreed value coverage (not depreciated value)

What to Do If You’re Stopped by Law Enforcement

Being stopped while transporting firearms can be stressful, but proper preparation and conduct can prevent problems.

During a Traffic Stop

• Be immediately forthcoming: Inform the officer right away that you have firearms in the vehicle. Use calm, clear language: “Officer, I want you to know I have firearms secured in the trunk.”

• Keep hands visible: Keep your hands on the steering wheel until instructed otherwise.

• Explain you’re moving: Clearly state you’re relocating and transporting your legally owned firearms according to federal law.

• Have documentation ready: Keep ownership documentation, permits, and if applicable, approved ATF forms in a quickly accessible location (not with the firearms).

• Know your rights but be cooperative: FOPA provides legal protection, but arguing with law enforcement on the roadside rarely helps. Be polite and cooperative while standing your ground politely if wrongfully detained.

• Get badge numbers and names: If you believe you’re being wrongfully detained, politely ask for and document the officers’ information.

If You’re Arrested or Detained

Unfortunately, even legal firearm transport can lead to wrongful detention in states with restrictive laws and law enforcement unfamiliar with FOPA protections:

• Remain calm and don’t resist
• Invoke your right to remain silent beyond basic identification
• Request an attorney immediately
• Contact a firearms attorney (keep a name and number with your travel documents)
• Document everything that happened as soon as possible

Resources and Where to Get Help

Navigating firearm laws across state lines is complex. These resources can help:

Government Resources

• ATF Website: ATF.gov has state-by-state guides and forms for NFA items
• State Police Websites: Most states post firearm laws and registration procedures on their state police websites
• Local Law Enforcement: Call your destination city’s police department for specific local ordinances

Private Resources

• Handgunlaw.us: Comprehensive state-by-state guides
• NRA-ILA: Institute for Legislative Action provides state law summaries
• Local gun shops and ranges: Often the best source for practical, current information about local compliance
• Gun rights organizations: Groups like the Second Amendment Foundation and Firearms Policy Coalition offer legal resources

Legal Help

Consider consulting with a firearms attorney, especially if:

• You’re moving to or through states with very restrictive laws
• You own NFA items
• You have a valuable collection
• You’re unsure about the legality of any of your firearms in your destination state

Final Thoughts: Plan Ahead for a Smooth Move

Moving firearms across state lines doesn’t have to be overwhelming if you plan ahead and stay informed. The key is doing your research well before moving day, understanding both federal and state laws, and maintaining proper documentation throughout the process.

Remember that laws change frequently, so always verify current regulations even if you’ve moved before. When in doubt, consult with legal experts or your destination state’s law enforcement before making the move.