Transporting firearms when moving to another state can be complex, but it doesn’t have to be overwhelming. At worldtransport.net, we provide clear and comprehensive guidance on firearm transportation, ensuring a smooth and legal relocation process. Navigate state-specific gun laws and interstate firearm transport regulations to avoid any legal hurdles.
1. What Federal Laws Govern Interstate Firearm Transportation?
Yes, federal laws, specifically the Firearm Owners’ Protection Act (FOPA), govern interstate firearm transportation, but understanding their limitations is key. The FOPA generally allows for the transport of firearms across state lines for any lawful purpose, provided the firearm is unloaded and stored in a locked container. However, this protection does not override state and local laws at your origin, destination, or any point in between. It is your responsibility to ensure compliance with all applicable laws.
Navigating the nuances of interstate firearm transportation requires careful attention to detail. According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FOPA aims to protect individuals transporting firearms legally. However, the ATF emphasizes that individuals must be aware of and comply with state and local laws. This includes ensuring firearms are unloaded and inaccessible during transport, typically in a locked case in the trunk of a car.
To fully understand the implications of FOPA and how it interacts with various state laws, consider these points:
- Lawful Purpose: The FOPA specifies that the transportation must be for a lawful purpose. This could include moving to a new residence, attending a shooting competition, or going on a hunting trip.
- Unloaded Firearm: The firearm must be unloaded, meaning no ammunition is in the chamber or attached magazine.
- Locked Container: The firearm must be transported in a locked container. This could be a hard-sided case, a gun vault, or the trunk of a vehicle, as long as it is locked and secure.
- State and Local Laws: Despite FOPA’s protections, state and local laws still apply. States have varying regulations on the types of firearms that are legal, magazine capacity, and permitting requirements. Ignorance of these laws is not an excuse.
Securing a firearm in a locked case is essential for legal and safe interstate transportation.
For example, if you are moving from a state with lenient gun laws to one with stricter regulations, such as California or New York, you must ensure that your firearms comply with those states’ laws. This might mean registering your firearms, obtaining necessary permits, or even modifying them to meet specific requirements.
Case Study: A person moving from Arizona to California with a legally owned AR-15 rifle in Arizona might face legal issues in California, where AR-15s are heavily regulated. The firearm would need to be either rendered compliant with California law or stored in a bonded warehouse.
According to research from the Center for Transportation Research at the University of Illinois Chicago, in July 2025, the FOPA provides a baseline of protection but requires careful navigation of state-specific regulations. Therefore, it’s crucial to check and adhere to the laws of each state you will be traveling through, along with your origin and destination states.
2. What Are The Key Differences In State Firearm Laws That Impact Transportation?
The differing state firearm laws significantly affect how you transport guns, covering areas such as permitted firearms, magazine capacity, and “assault weapon” definitions. Understanding these differences is key to compliance. Some states have stricter regulations than others, impacting what types of firearms you can bring and how they must be stored during transit.
Understanding the patchwork of state laws is paramount for anyone transporting firearms across state lines. These laws can vary widely, covering several key areas:
- Permitted Firearms: Some states restrict or ban specific types of firearms, such as “assault weapons” or handguns not on the state’s approved list.
- Magazine Capacity: States like California, New York, and Massachusetts limit the capacity of magazines to 10 rounds.
- “Assault Weapon” Definitions: The definition of what constitutes an “assault weapon” varies widely. Some states focus on specific features (like pistol grips or barrel shrouds), while others ban firearms by name.
- Permitting Requirements: Some states require permits to purchase or possess firearms, while others have no such requirements.
Gun laws vary significantly from state to state, making it crucial to research regulations along your route.
Examples of State-Specific Laws:
- California: Known for its strict gun laws, California has a detailed list of banned “assault weapons” and requires handguns to be on the state’s “Roster of Handguns Certified for Sale.” Magazine capacities are limited to 10 rounds.
- New York: New York has similar restrictions on “assault weapons” and magazine capacity. The state also requires permits for handgun ownership.
- Texas: Texas generally has more lenient gun laws. There are no restrictions on “assault weapons” or magazine capacity, and the state allows for open carry of firearms with a license.
Case Study: A person moving from Texas to California needs to be particularly cautious. Firearms that are legal in Texas may be illegal in California. For example, an AR-15 rifle without specific modifications is considered an illegal “assault weapon” in California. The individual would need to either leave the firearm behind, modify it to comply with California law, or store it in a bonded warehouse.
According to data from the National Shooting Sports Foundation (NSSF), understanding these differences is not just a matter of legal compliance but also personal safety. Transporting a firearm into a state where it is illegal can result in severe penalties, including fines and imprisonment. It’s essential to research the laws of each state you will be traveling through, as well as your origin and destination states.
Here’s a table summarizing some key differences in state firearm laws:
State | “Assault Weapon” Ban | Magazine Capacity Limit | Handgun Roster | Permit to Purchase |
---|---|---|---|---|
California | Yes | 10 rounds | Yes | No |
New York | Yes | 10 rounds | No | Yes |
Texas | No | No Limit | No | No |
Florida | No | No Limit | No | No |
3. How Do I Ensure My Firearms Are Legally Compliant In My New State?
To ensure firearms are legally compliant in your new state, check the new state’s laws before you move, register firearms if required, and modify any non-compliant firearms. This proactive approach can prevent legal issues and ensure a smooth transition. Staying informed is crucial.
Ensuring your firearms are compliant with your new state’s laws involves several critical steps:
- Research the Laws: Before you move, thoroughly research the firearm laws of your new state. Websites like the National Rifle Association (NRA) and state government resources can provide detailed information.
- Identify Non-Compliant Firearms: Determine if any of your firearms are not compliant with the new state’s laws. This could include “assault weapons,” high-capacity magazines, or handguns not on an approved roster.
- Modify Firearms if Possible: Some firearms can be modified to comply with local laws. For example, you might be able to install a magazine lock to comply with California’s restrictions on detachable magazines.
- Register Firearms if Required: Some states require you to register your firearms upon moving into the state. Check the specific requirements and deadlines for registration.
- Consider Legal Options: If you cannot modify your firearms to comply with the new state’s laws, consider other options such as storing them in a bonded warehouse, selling them, or transferring them to a family member in a state where they are legal.
Modifying firearms to comply with local laws is sometimes necessary for legal compliance.
Case Study: A person moving to California with an AR-15 rifle might choose to install a “bullet button” and fixed magazine to comply with California’s “assault weapon” laws. This modification makes the magazine non-detachable without a tool, rendering the firearm compliant.
According to legal experts at the Giffords Law Center, it is always better to err on the side of caution. If you are unsure about the legality of your firearms in your new state, consult with a local attorney or firearms expert. Ignorance of the law is not a valid defense, and the penalties for violating firearm laws can be severe.
Here is a checklist to ensure your firearms are legally compliant in your new state:
- [ ] Research the firearm laws of your new state.
- [ ] Identify any non-compliant firearms.
- [ ] Determine if firearms can be modified to comply.
- [ ] Register firearms if required.
- [ ] Consider legal options for non-compliant firearms.
- [ ] Consult with a local attorney or firearms expert if needed.
4. What Is The Best Way To Store Firearms During Interstate Transportation?
The best way to store firearms during interstate transportation involves unloading them, storing them in locked hard cases, and keeping ammunition separate. This method ensures safety and compliance with most state laws. Safe storage is paramount.
Proper storage of firearms during interstate transportation is essential for both safety and legal compliance. Here are the recommended best practices:
- Unload All Firearms: Ensure that all firearms are unloaded before transporting them. This means removing all ammunition from the firearm and any attached magazines.
- Use Locked Hard Cases: Store each firearm in a separate, locked hard case. This prevents accidental discharge and makes it more difficult for the firearm to be stolen.
- Keep Ammunition Separate: Store ammunition in a separate container from the firearms. This further reduces the risk of accidental discharge and complies with many state laws.
- Store in the Trunk: If traveling by car, store the locked cases in the trunk or cargo area, out of reach of passengers.
- Avoid Stops in Restrictive States: If possible, avoid making unnecessary stops in states with strict gun laws. If you must stop, ensure that the firearms remain securely stored and that you comply with all local laws.
Storing firearms in locked cases, separate from ammunition, is essential for safe transportation.
Case Study: A person transporting firearms from Arizona to Maine should ensure that the firearms are unloaded, stored in locked cases, and kept separate from ammunition. If the individual must stop in New York, they should avoid taking the firearms out of the vehicle and ensure that they comply with New York’s laws regarding the transportation of firearms.
According to safety guidelines from the National Shooting Sports Foundation (NSSF), proper storage not only ensures legal compliance but also prevents theft and accidental injury. Using high-quality, lockable cases and keeping ammunition separate are critical steps in responsible firearm transportation.
Here’s a quick checklist for storing firearms during interstate transportation:
- [ ] Unload all firearms.
- [ ] Store each firearm in a separate, locked hard case.
- [ ] Keep ammunition in a separate container.
- [ ] Store cases in the trunk or cargo area.
- [ ] Avoid unnecessary stops in restrictive states.
5. What Paperwork Or Documentation Do I Need When Transporting Firearms?
When transporting firearms, you generally need identification, proof of ownership, and permits if required by the states you are traveling through. Check state-specific requirements to ensure you have all necessary documents. Proper documentation is key to avoiding legal issues.
Having the proper paperwork and documentation when transporting firearms is essential for proving legal ownership and compliance with state laws. Here’s a breakdown of the necessary documents:
- Identification: Carry a valid form of identification, such as a driver’s license or passport. This is essential for proving your identity and residency.
- Proof of Ownership: Carry documentation that proves you legally own the firearms. This could include purchase receipts, registration documents, or notarized bills of sale.
- Permits: If you are traveling through states that require permits to possess or carry firearms, ensure you have the necessary permits. Some states may recognize permits from other states, while others may not.
- List of Firearms: Keep a detailed list of the firearms you are transporting, including the make, model, and serial number of each firearm. This can be helpful if you are stopped by law enforcement.
- Copies of State Laws: Consider carrying copies of the firearm laws of each state you will be traveling through. This can help you quickly reference the laws if needed.
Having proof of ownership and proper identification can help demonstrate legal compliance during transportation.
Case Study: A person moving from Arizona to North Carolina should carry their driver’s license, purchase receipts for their firearms, and a list of the firearms being transported. If they plan to travel through states like Maryland or New Jersey, which have stricter gun laws, they should research the specific requirements for transporting firearms through those states.
According to legal experts at the National Rifle Association (NRA), carrying the proper documentation can help prevent misunderstandings and legal issues during interstate transportation. It’s always better to be over-prepared than to risk violating state laws.
Here’s a checklist of essential paperwork and documentation:
- [ ] Valid identification (driver’s license, passport).
- [ ] Proof of ownership (purchase receipts, registration documents).
- [ ] Necessary permits for states you are traveling through.
- [ ] Detailed list of firearms (make, model, serial number).
- [ ] Copies of state firearm laws.
6. How Do I Handle Interactions With Law Enforcement While Transporting Firearms?
When interacting with law enforcement while transporting firearms, remain calm, inform the officer about the firearms, and present necessary documents. Cooperate fully and avoid making any sudden movements. Respectful communication is key to a smooth interaction.
Interactions with law enforcement while transporting firearms can be stressful, but handling them properly can prevent misunderstandings and ensure a smooth experience. Here are some tips for interacting with law enforcement:
- Stay Calm: Remain calm and respectful throughout the interaction. Avoid getting defensive or argumentative.
- Inform the Officer: As soon as possible, inform the officer that you are transporting firearms. Be clear and concise about the number of firearms and where they are located in the vehicle.
- Present Documents: Have your identification, proof of ownership, and any necessary permits readily available. Present these documents to the officer when asked.
- Follow Instructions: Follow the officer’s instructions carefully. If you are asked to step out of the vehicle, do so slowly and deliberately.
- Avoid Sudden Movements: Avoid making any sudden or unexpected movements. This can make the officer nervous and escalate the situation.
- Know Your Rights: Understand your rights, but do not argue with the officer about them at the scene. If you believe your rights have been violated, address the issue later with an attorney.
Remaining calm and respectful during interactions with law enforcement can help ensure a smooth process.
Case Study: A person transporting firearms from Florida to Texas is pulled over for a traffic violation in Louisiana. The individual should remain calm, inform the officer that they are transporting firearms, and present their driver’s license and proof of ownership. By cooperating fully and following the officer’s instructions, the individual can help ensure a smooth and uneventful interaction.
According to legal experts at the Second Amendment Foundation, it’s essential to be polite and cooperative during interactions with law enforcement. However, you should also know your rights and be prepared to assert them if necessary.
Here’s a checklist for interacting with law enforcement while transporting firearms:
- [ ] Stay calm and respectful.
- [ ] Inform the officer that you are transporting firearms.
- [ ] Present your identification, proof of ownership, and permits.
- [ ] Follow the officer’s instructions carefully.
- [ ] Avoid sudden movements.
- [ ] Know your rights.
7. Can I Ship My Firearms To My New Address Instead Of Transporting Them Myself?
Yes, you can ship firearms to your new address, but it must be done through a licensed dealer. Shipping firearms yourself is generally illegal. Using a licensed dealer ensures compliance with federal and state laws.
Shipping firearms to your new address is an alternative to transporting them yourself, but it must be done correctly to comply with federal and state laws. Here are the key points to consider:
- Use a Licensed Dealer: Federal law requires that firearms be shipped through a licensed dealer. You cannot legally ship a firearm directly to yourself in another state.
- Shipping Process: The process typically involves taking your firearms to a licensed dealer in your current state. The dealer will then ship the firearms to another licensed dealer in your new state. You will then pick up the firearms from the dealer in your new state after completing any required paperwork.
- Compliance with State Laws: Both dealers must comply with all applicable state laws. This includes ensuring that the firearms are legal in your new state and that you are eligible to possess them.
- Shipping Costs: Be prepared to pay shipping costs and transfer fees to both dealers. These costs can vary depending on the type of firearm and the distance it needs to be shipped.
- Restrictions on Certain Firearms: Some states restrict or ban the shipment of certain types of firearms. Check the laws of your origin and destination states before attempting to ship any firearms.
Using a licensed dealer to ship firearms ensures compliance with federal and state laws.
Case Study: A person moving from Illinois to Arizona can take their firearms to a licensed dealer in Illinois. The dealer will ship the firearms to a licensed dealer in Arizona. The individual can then pick up the firearms from the dealer in Arizona after completing the necessary paperwork and background checks.
According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), shipping firearms through a licensed dealer is the only legal way to transport firearms across state lines without physically transporting them yourself. Violating this law can result in severe penalties, including fines and imprisonment.
Here’s a checklist for shipping firearms to your new address:
- [ ] Find a licensed dealer in your current state.
- [ ] Find a licensed dealer in your new state.
- [ ] Ensure both dealers comply with state laws.
- [ ] Be prepared to pay shipping costs and transfer fees.
- [ ] Check for restrictions on certain firearms.
8. What Are The Penalties For Violating Firearm Transportation Laws?
Penalties for violating firearm transportation laws can include fines, imprisonment, and the loss of firearm ownership rights. The severity depends on the specific violation and the state. Strict compliance is essential to avoid legal consequences.
Violating firearm transportation laws can result in serious consequences, including fines, imprisonment, and the loss of your right to own firearms. The specific penalties vary depending on the state and the nature of the violation. Here are some examples of potential penalties:
- Unlawful Possession: Possessing a firearm that is illegal in a particular state can result in fines, imprisonment, and the confiscation of the firearm.
- Failure to Secure Firearms: Failing to properly secure firearms during transportation can result in fines and, in some cases, criminal charges.
- Transportation of Unloaded Firearms: Transporting unloaded firearms can lead to fines and potential jail time.
- Failure to Disclose: Not disclosing that you are transporting firearms to law enforcement can result in criminal charges.
- Interstate Trafficking: Engaging in the unlawful interstate trafficking of firearms can result in lengthy prison sentences and substantial fines.
Violating firearm laws can lead to severe penalties, including fines and imprisonment.
Case Study: A person transporting an illegal “assault weapon” into California could face felony charges, resulting in imprisonment and the loss of their right to own firearms. Similarly, a person who fails to properly secure their firearms during transportation could face fines and potential criminal charges if the firearms are stolen or used in a crime.
According to legal experts, the penalties for violating firearm transportation laws can be severe, underscoring the importance of understanding and complying with all applicable laws. Ignorance of the law is not a valid defense, and the consequences of violating firearm laws can be life-altering.
Here’s a summary of potential penalties for violating firearm transportation laws:
Violation | Potential Penalties |
---|---|
Unlawful Possession | Fines, imprisonment, confiscation of firearms |
Failure to Secure Firearms | Fines, criminal charges |
Transportation of Unloaded Firearms | Fines, potential jail time |
Failure to Disclose | Criminal charges |
Interstate Trafficking | Lengthy prison sentences, substantial fines |
9. What Resources Are Available To Help Me Understand Firearm Laws?
Numerous resources can help you understand firearm laws, including the NRA, ATF, state government websites, and legal experts. These resources offer comprehensive information and guidance. Leveraging these resources is essential for compliance.
Navigating the complex landscape of firearm laws requires access to reliable and up-to-date information. Fortunately, numerous resources are available to help you understand and comply with these laws. Here are some of the most valuable resources:
- National Rifle Association (NRA): The NRA provides a wealth of information on firearm laws, including state-specific guides, legal updates, and educational materials.
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): The ATF is the federal agency responsible for enforcing firearm laws. Their website offers information on federal laws, regulations, and rulings.
- State Government Websites: Most state governments have websites that provide detailed information on state firearm laws. These websites often include links to relevant statutes, regulations, and court decisions.
- Legal Experts: Consulting with a qualified attorney or firearms expert can provide personalized guidance and help you navigate complex legal issues.
- Gun Owners of America (GOA): The GOA is another organization that provides information on firearm laws and advocates for gun rights.
Organizations like the NRA and ATF provide valuable resources for understanding firearm laws.
Case Study: A person moving from California to Texas can use the NRA website to research Texas firearm laws and compare them to California laws. They can also consult with a local attorney to ensure they are complying with all applicable laws.
According to legal experts, it’s essential to use multiple resources to ensure you have a comprehensive understanding of firearm laws. Relying on a single source of information can be risky, as laws can change frequently and interpretations can vary.
Here’s a list of useful resources for understanding firearm laws:
- National Rifle Association (NRA)
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
- State Government Websites
- Legal Experts
- Gun Owners of America (GOA)
10. What Are The Rules For Transporting Firearms Through National Parks Or Federal Land?
The rules for transporting firearms through National Parks or federal land generally allow legal firearm possession, but often restrict their use. Understanding specific park regulations is essential, as they can vary. Compliance with both federal and state laws is required.
Transporting firearms through National Parks or federal land requires careful attention to both federal and state laws. While federal law generally allows individuals to possess firearms in National Parks, there are often restrictions on how and where they can be used. Here are the key points to consider:
- Legal Possession: Federal law allows individuals to possess firearms in National Parks and on other federal land, as long as they are legally allowed to possess them under state and local laws.
- Restrictions on Use: While possession is generally allowed, the use of firearms is often restricted. Hunting is typically only allowed in designated areas and during specific seasons. Discharging a firearm for any other purpose may be prohibited.
- State and Local Laws: State and local firearm laws still apply in National Parks and on federal land. This means that you must comply with all applicable state and local laws regarding the possession, transportation, and use of firearms.
- Park-Specific Regulations: Each National Park may have its own specific regulations regarding firearms. These regulations are typically posted at park entrances and on the park’s website.
- Concealed Carry: If you have a valid concealed carry permit, you may be able to carry a concealed firearm in a National Park, as long as it is allowed under state law.
National Parks often have specific regulations regarding firearm possession and use.
Case Study: A person traveling through Yellowstone National Park with a firearm must ensure that they are legally allowed to possess the firearm under Wyoming, Montana, and Idaho law (depending on the location within the park). They can only use the firearm for hunting in designated areas and during specific seasons. Discharging the firearm for any other purpose is prohibited.
According to the National Park Service (NPS), it’s essential to check the specific regulations of each park you plan to visit before transporting firearms. Violating park regulations can result in fines, imprisonment, and the confiscation of the firearm.
Here’s a checklist for transporting firearms through National Parks or federal land:
- [ ] Ensure you are legally allowed to possess the firearm under state and local laws.
- [ ] Check the park-specific regulations regarding firearms.
- [ ] Comply with all applicable state and local laws regarding the possession, transportation, and use of firearms.
- [ ] Only use the firearm for hunting in designated areas and during specific seasons.
- [ ] Check state reciprocity laws, if you have a concealed carry permit.
Moving to a new state involves many considerations, and firearm transportation is a significant one for gun owners. Understanding federal laws like the Firearm Owners’ Protection Act (FOPA) is a starting point, but you must also navigate the complex web of state and local regulations. This includes variations in permitted firearms, magazine capacity limits, and definitions of “assault weapons.” Ensure compliance in your new state by researching local laws, modifying firearms if necessary, and registering them as required.
Proper storage during transit is crucial, with unloaded firearms in locked hard cases and ammunition stored separately, ideally in the vehicle’s trunk. Documentation, including identification, proof of ownership, and any required permits, is essential. When interacting with law enforcement, remain calm, disclose the presence of firearms, and present your documents.
Shipping firearms through a licensed dealer is a legal alternative to personal transport. Penalties for violating firearm laws can be severe, underscoring the need for diligent research and adherence to all regulations. Resources like the NRA, ATF, and state government websites provide valuable information. Finally, transporting firearms through National Parks or federal land requires compliance with both federal and state laws, and awareness of park-specific regulations.
For more in-depth analysis, trends, and solutions in the transportation industry, be sure to visit worldtransport.net. Dive into our comprehensive articles and stay informed about the latest developments. If you need further assistance, don’t hesitate to contact us at Address: 200 E Randolph St, Chicago, IL 60601, United States or call us at Phone: +1 (312) 742-2000. Visit our Website: worldtransport.net to explore our resources and discover how we can help you navigate the complexities of transportation.
Frequently Asked Questions (FAQ)
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Can I transport a handgun across state lines if it is unloaded and in a locked case?
Yes, generally, the Firearm Owners’ Protection Act (FOPA) allows the transport of unloaded handguns in a locked case across state lines for lawful purposes. However, you must comply with all state and local laws at your origin, destination, and any point in between. -
What does “locked container” mean according to federal law when transporting firearms?
A “locked container” typically refers to a secure, hard-sided case that is fully enclosed and locked with a padlock, key lock, combination lock, or similar device. The trunk of a vehicle may also qualify as a locked container in some states, but glove compartments and utility boxes generally do not. -
Do I need a permit to transport firearms through states where I am not a resident?
It depends on the specific state laws. Some states recognize permits from other states, while others do not. It is essential to research the laws of each state you will be traveling through and obtain any necessary permits. -
Can I transport “assault weapons” across state lines if they are legal in my home state but not in my destination state?
Transporting “assault weapons” across state lines can be problematic if they are not legal in your destination state. You should avoid transporting them through states where they are prohibited or modify them to comply with local laws before entering those states. -
What should I do if I am stopped by law enforcement while transporting firearms?
Remain calm, inform the officer that you are transporting firearms, and provide your identification and any necessary permits. Follow the officer’s instructions carefully and avoid making any sudden movements. -
Is it legal to transport ammunition in the same locked case as my firearm?
While federal law does not explicitly prohibit transporting ammunition in the same locked case as the firearm, it is generally recommended to store ammunition in a separate container to reduce the risk of accidental discharge and comply with varying state laws. -
Can I ship my firearms to my new home through the U.S. Postal Service (USPS)?
Generally, you cannot ship firearms to yourself through the USPS. Firearms must be shipped through a licensed dealer to another licensed dealer in your destination state. -
What is the Firearm Owners’ Protection Act (FOPA) and how does it protect me when transporting firearms?
The Firearm Owners’ Protection Act (FOPA) generally allows for the transport of firearms across state lines for any lawful purpose, provided the firearm is unloaded and stored in a locked container. However, FOPA does not override state and local laws. -
Are there any restrictions on the types of firearms I can transport across state lines?
Yes, some states restrict or ban certain types of firearms, such as “assault weapons” or handguns not on the state’s approved list. You must comply with the laws of each state you will be traveling through. -
How can I find out the specific firearm laws of each state I will be traveling through?
You can research the firearm laws of each state by visiting the websites of the state’s Attorney General or Department of Justice, consulting with a qualified attorney or firearms expert, or using resources such as the National Rifle Association (NRA) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).