Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Protect Your Rights! Act Now to Support Legal Transportation of Firearms

Friday, April 6, 2012

When Congress passed the Firearms Owners' Protection Act (FOPA) in 1986, one of the key provisions of the bill was intended to protect the rights of gun owners to legally transport their firearms between locations where they are legally allowed to possess them.

Unfortunately, some local jurisdictions have chosen to ignore federal law and the courts have upheld these infringements on Second Amendment rights.

H.R. 4269, introduced by U.S. Reps. Morgan Griffith (R-Va.), Ted Poe (R-Texas) and Bill Owens (D-N.Y.) would amend this provision to ensure it has the effect Congress intended.

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 with their firearms 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.

Many gun owners, for example, have been arrested when trying to check in with firearms for flights out of New York and New Jersey airports. But in NRA-supported civil rights lawsuits contesting those arrests, federal courts have 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. Due to these improper actions, NRA has been forced to repeatedly warn gun owners that they should avoid using New York or New Jersey airports when traveling.

The refusal of the authorities in some jurisdictions to recognize federal law and the failure of the courts to enforce the provisions of FOPA, makes this legislation necessary.

H.R. 4269 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 the law, rather than allow travelers to be arrested and forced to raise the law as an affirmative defense.
     
  • Make clear that transportation of both firearms and ammunition is federally protected.
  • Make clear that 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 note that while the NRA is working to enact a national Right-to-Carry Reciprocity bill this bill does not achieve that.  This legislation is intended only to provide real legal protection for people transporting cased and unloaded guns while travelling.

Please be sure to contact your U.S. Representative and urge him or her to cosponsor and support H.R. 4269.  You can find contact information for your Representative by using the "Write Your Representatives" tool at www.NRAILA.org.  You may also contact your Representative by phone at (202) 225-3121.

TRENDING NOW
Urban Myth: Crime Doesn’t Pay – California City Authorizes Stipends to Gang Members

News  

Friday, September 15, 2017

Urban Myth: Crime Doesn’t Pay – California City Authorizes Stipends to Gang Members

In a special meeting on August 29, the nine-member City Council of Sacramento unanimously agreed to allocate $1.5 million in funding and to move forward with a “gun-violence reduction strategy” that will include cash payments ...

National Reciprocity Bill Nears Goal Line in the House but Needs Your Support to Reach the End Zone

News  

Friday, September 15, 2017

National Reciprocity Bill Nears Goal Line in the House but Needs Your Support to Reach the End Zone

Gun owners received good news this week with the passage of the SHARE Act by the U.S. House Committee on Natural Resources (see related story). Meanwhile, progress continued to be made on another NRA legislative ...

Reuniting The United States With Reciprocity

Wednesday, September 20, 2017

Reuniting The United States With Reciprocity

Most concealed-carry permit holders understand the potential pitfalls of traveling with a firearm, given the outrageous patchwork of state laws involved in even a short interstate trip. And while we haven’t posted much about reciprocity ...

House Committee Passes SHARE Act by Wide Margin

Hunting  

News  

Friday, September 15, 2017

House Committee Passes SHARE Act by Wide Margin

As we have reported, this year’s version of the SHARE Act is the most expansive and far-reaching yet. Besides previously-introduced provisions aimed at enhancing opportunities for hunting, fishing, and shooting and broadening access to federal lands ...

NRA Backed SHARE Act Passes Committee

News  

Wednesday, September 13, 2017

NRA Backed SHARE Act Passes Committee

“Today marks an important step in protecting the Second Amendment freedoms of America’s hunters and sportsmen and strengthening our outdoor heritage,” said Chris W. Cox, executive director, NRA-ILA. “The SHARE Act will cut burdensome red tape that restricts ...

Wisconsin: Important Concealed Carry Legislation Scheduled for Committee Vote This Week

Sunday, September 17, 2017

Wisconsin: Important Concealed Carry Legislation Scheduled for Committee Vote This Week

This Tuesday, September 19, Senate Bill 169 is scheduled for a vote during the executive session in the Senate Judiciary Committee.  SB 169 would allow for the concealed carry of a firearm without a concealed carry license ...

Bloomberg Spending Millions To Elect Anti-Gun Virginia Governor

News  

Wednesday, September 20, 2017

Bloomberg Spending Millions To Elect Anti-Gun Virginia Governor

Billionaire anti-gunner Michael Bloomberg is at it again, pledging to spend $1 million through his gun control group Everytown for Gun Safety in an attempt to impact Virginia’s upcoming elections for governor and attorney general.

NRA Applauds Reintroduction and Expansion of SHARE Act

News  

Hunting  

Friday, September 8, 2017

NRA Applauds Reintroduction and Expansion of SHARE Act

On Sept. 1, U.S. Congressman Jeff Duncan introduced H.R. 3668, the Sportsman’s Heritage and Recreational Enhancement Act (SHARE Act), a wide-ranging package of legislation aimed at promoting Second Amendment rights and America’s outdoor sporting traditions.

Washington Post’s Resident Anti-Gun Zealot Parades his Ignorance in SHARE Act Column

News  

Second Amendment  

Friday, September 15, 2017

Washington Post’s Resident Anti-Gun Zealot Parades his Ignorance in SHARE Act Column

Dana Milbank is not a serious journalist. A former White House correspondent for the Washington Post, Milbank now writes what can be characterized as a humor column for the paper.

Wisconsin: Constitutional Carry Passes Committee Vote

Tuesday, September 19, 2017

Wisconsin: Constitutional Carry Passes Committee Vote

Today, Senate Bill 169 passed the Senate Judiciary Committee with a vote of 3-2.  SB 169 would allow for the concealed carry of a firearm without a concealed carry license anywhere in the state where ...

MORE TRENDING +
LESS TRENDING -
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.