Explore The NRA Universe Of Websites

APPEARS IN News

H.R. 4269: Protecting Lawful Transportation of Firearms

Friday, April 6, 2012

An important provision of federal law, intended to protect the right of law-abiding gun owners to transport firearms throughout our nation, has been ignored by anti-gun local officials and effectively gutted by the courts. H.R. 4269, introduced by U.S. Reps. Morgan Griffith (R-Va.), Ted Poe (R-Texas) and Bill Owens (D-N.Y.), would rewrite the law to give it the effect Congress intended when it was passed more than 25 years ago.

The provision is a section of federal law (18 U.S.C. § 926A), enacted to guarantee the right of a law-abiding person to transport an unloaded firearm between a location where he or she may legally possess it and a destination where he or she may also legally possess it, regardless of state or local laws that would otherwise apply. Under the current law, the gun must be cased or otherwise not readily accessible.

Most states have never had a problem with this law.  However, both before and after enactment of FOPA, gun owners have had serious problems lawfully travelling in two states in particular: New York (especially New York City) and New Jersey. Rather than recognize the intention of Congress to protect the rights of Americans travelling with legally owned firearms, these jurisdictions have used overly restrictive state licensing laws to harass and prosecute travelers. For example:

  • In 2004, the Port Authority Police Department (PAPD) arrested John Torraco at LaGuardia Airport for possession of a firearm.  Torraco, an attorney and law professor from Florida, had stored his legally owned unloaded handgun in his checked luggage.  However, when he declared the firearm to the counter agent (as required by federal law) he was arrested and charged with possession of an unlicensed handgun.
  • In 2005, William Winstanley, a New York state resident, was detained at John F. Kennedy International Airport when he attempted to check a handgun in his luggage, again in compliance with the requirements of § 926A.  Winstanley was not arrested, but his travel was delayed for several days while he proved that he was in compliance with federal law.
  • In 2005, Greg Revell, a Utah resident, was flying through Newark Liberty International Airport to his final destination in Pennsylvania. However, his flight into New Jersey was late, which caused him to miss his connecting flight. Revell was forced to collect his baggage and spend the night in a Newark hotel. When he attempted to recheck his baggage the following morning, he declared the unloaded handgun to the counter agent. PAPD officers arrested Revell for illegal possession of a handgun and ammunition under New Jersey law.  Revell spent three days in jail before he was able to make bail.

Each of these gun owners filed a civil rights suit in federal court.  However, in each case, the courts interpreted the law in a way that allows local law enforcement officials to detain or arrest travelers who make every effort to comply with federal law, and that deprive the travelers of any effective remedy after the fact. Many other cases have resulted in guilty pleas to reduced charges, civil penalties, and delayed travel.

While cases of inappropriate arrest or detention are most common at the New York City airports, they are not limited to those locations. In Albany, N.Y., detention of gun owners and confiscation of firearms have been reported by persons traveling in full compliance with § 926A.  The NRA has been forced to repeatedly warn gun owners that they should avoid using New York or New Jersey airports when traveling.

The clear intent of the law was to ensure that law-abiding persons could transport firearms between two locations where they have a legal right to possess them.  However, the refusal of the authorities in some jurisdictions to recognize § 926A, and the limitations placed on its protections by the courts, makes reform of this section necessary.

The new bill would:

  • Expand the protections afforded travelers to include “staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment; and any other activity incidental” to the trip.
  • Put the burden of proof clearly on the state to show that a traveler did not meet the requirements of § 926A, rather than allow travelers to be arrested and forced to raise § 926A as an affirmative defense.
  • Make clear that transportation of both firearms and ammunition is federally protected.
  • Make clear that violation of the right to transport firearms is judicially enforceable as a federal civil right, with attorney’s fees available to victorious plaintiffs in civil suits, as well as to defendants who prevail in criminal cases.

Finally, it’s important to understand that this bill is not a national right-to-carry bill intended to protect carrying of guns for self-protection. This is a much more limited reform, intended only to provide real legal protection for people transporting unloaded guns that are cased or otherwise secured against immediate access.

TRENDING NOW
Out of Style: Levi’s Fawns Over Shannon Watts in Pantmaker’s Latest Gun Control Effort

News  

Friday, May 17, 2019

Out of Style: Levi’s Fawns Over Shannon Watts in Pantmaker’s Latest Gun Control Effort

At the National Retail Federation’s 2018 convention in New York City, Levi Strauss & Co. Brand President James Curleigh told those assembled that the multinational pants manufacturer intends to be the “most relevant lifestyle brand.” Evidently, part ...

Trump Administration, Other Pro-Gun Heavyweights Lend Support on Pending Supreme Court Case

News  

Friday, May 17, 2019

Trump Administration, Other Pro-Gun Heavyweights Lend Support on Pending Supreme Court Case

As NRA-ILA Executive Director Chris W. Cox reported in March, the U.S. Supreme Court has taken up a challenge by an NRA state affiliate to a New York City gun control scheme that effectively prohibits lawfully ...

Retired Justice Stevens Continues Crusade Against Guns

News  

Friday, May 17, 2019

Retired Justice Stevens Continues Crusade Against Guns

Retired Supreme Court Justice John Paul Stevens does not believe a law-abiding citizen has a right to possess firearms under the Second Amendment, and he wants to make sure everyone knows it. He made his ...

Gov. Abbott Signs NRA-Backed Tenants' Rights Bill

News  

Friday, May 17, 2019

Gov. Abbott Signs NRA-Backed Tenants' Rights Bill

The National Rifle Association Institute for Legislative Action (NRA-ILA) applauded Gov. Greg Abbott on Thursday for signing NRA-backed legislation that protects tenants’ rights by prohibiting “no firearms” clauses in residential leases.   

Hear Ye, Hear Ye, Only What We Want Ye to Hear

News  

Friday, May 17, 2019

Hear Ye, Hear Ye, Only What We Want Ye to Hear

Can we finally put the claim that “gun violence” research is underfunded to rest? The Bloomberg Professor of American Health at the Bloomberg School of Public Health at Johns Hopkins University, Daniel Webster, and his colleagues at the Hopkins ...

NRA Supports Guns Save Life's Challenge to Illinois’s FOID Act

News  

Wednesday, May 15, 2019

NRA Supports Guns Save Life's Challenge to Illinois’s FOID Act

NRA is supporting a legal challenge to Illinois's FOID Act brought by Guns Save Life, an organization dedicated to defending the Second Amendment rights of Illinois residents. 

Governor Abbott Signs NRA-Backed Tenants' Rights Bill

Friday, May 17, 2019

Governor Abbott Signs NRA-Backed Tenants' Rights Bill

On Thursday, Governor Greg Abbott signed House Bill 302 by Representative Dennis Paul (R-Houston) & Senator Bryan Hughes (R-Mineola), NRA-supported legislation that prohibits “no firearms” clauses in residential leases.

Illinois: Committee To Receive FOID Cost Increase Legislation

Friday, May 17, 2019

Illinois: Committee To Receive FOID Cost Increase Legislation

On May 21st, the Illinois state House of Representatives Rules Committee will hear House Amendment 1 to Senate Bill 1966 and send it to the Judiciary Committee for further consideration.  HA 1 to SB 1966 would ...

NRA Applauds Attorneys General and Governors Amicus Brief in Supreme Court Challenge

News  

Thursday, May 16, 2019

NRA Applauds Attorneys General and Governors Amicus Brief in Supreme Court Challenge

NRA Applauds Attorney General and Governors Amicus Brief in Supreme Court Challenge.

Nevada: Omnibus Anti-Gun Bill Granted Waiver From Deadlines

Saturday, May 18, 2019

Nevada: Omnibus Anti-Gun Bill Granted Waiver From Deadlines

As previously alerted, yesterday was the deadline for legislation to pass out of the policy committee in the second chamber.  A waiver was granted for Assembly Bill 291, exempting the bill from the deadlines.  This waiver ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.