NRA Explore
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
Sen. Schumer Introduces Gun Control Bill After Brady Campaign Tantrum

Friday, May 20, 2016

Sen. Schumer Introduces Gun Control Bill After Brady Campaign Tantrum

For the past several months, Brady Campaign President Dan Gross has been repeatedly telling anyone who will listen that support for gun control is at a “tipping point.” Gross’ theory suffered a blow this week as the Brady Campaign ...

Outrage of the Week: Illinois Sen. Dick Durbin Blocks Efforts to Restore Rights to Veterans

Friday, May 20, 2016

Outrage of the Week: Illinois Sen. Dick Durbin Blocks Efforts to Restore Rights to Veterans

We have long reported on the Department of Veterans Affairs’ (VA) scandalous practice of reporting to the FBI’s National Instant Criminal Background Check System (NICS)  any VA beneficiary who has had a “fiduciary” appointed to help the individual ...

NRA Endorses Donald Trump for President of the United States

News  

Friday, May 20, 2016

NRA Endorses Donald Trump for President of the United States

The chairman of the National Rifle Association's Political Victory Fund, Chris W. Cox, released the following statement on Friday:

West Virginia: Permitless Carry to take Effect Today, May 24!

Tuesday, May 24, 2016

West Virginia: Permitless Carry to take Effect Today, May 24!

Today, May 24, the provisions of House Bill 4145, West Virginia’s permitless/constitutional carry legislation, take effect.  Please refer to NRA-ILA’s HB 4145 Fact Sheet for important information on this monumental pro-gun reform.

Maryland: Governor Hogan Signs Pro-Gun Bill into Law

Friday, May 20, 2016

Maryland: Governor Hogan Signs Pro-Gun Bill into Law

Yesterday, Maryland Governor Larry Hogan signed House Bill 312 into law.

California: Anti-Gun Legislators Steamroll Through the Senate

Thursday, May 19, 2016

California: Anti-Gun Legislators Steamroll Through the Senate

Today, Thursday, May 19, anti-gun Senators continued the assault on your rights, voting through ten anti-gun bills and moving one step closer to the Governor’s desk. The ongoing feud between anti-gun senators and Lt Governor ...

NRA Mentors, Take Someone To The Range

News  

Monday, May 23, 2016

NRA Mentors, Take Someone To The Range

Along with encouraging budding shooters to enroll with local NRA Certified Instructors for expert training, mentors can provide actual places to shoot that are safe and welcoming, help new shooters understand firearm safety, handling and ...

Federal Judge (Again) Suspends Enforcement of D.C.'s Prohibitive Concealed Carry Regulation

Monday, May 23, 2016

Federal Judge (Again) Suspends Enforcement of D.C.'s Prohibitive Concealed Carry Regulation

The fight to restore Second Amendment rights in the Nation’s Capital gained an important victory on Tuesday when U.S. District Judge Richard J. Leon ordered D.C. officials to begin issuing concealed carry licenses without regard to the ...

California: Immediate Action is Needed by All Gun Owners and Second Amendment Supporters

Monday, May 16, 2016

California: Immediate Action is Needed by All Gun Owners and Second Amendment Supporters

On Monday, May 16, the Senate Appropriations Committee passed and sent nine anti-gun bills straight to the Senate floor.  This move is of great concern not only for the egregious subject matter of the bills ...

Ninth Circuit Holds that Second Amendment Protects the Right to Acquire Firearms

Monday, May 23, 2016

Ninth Circuit Holds that Second Amendment Protects the Right to Acquire Firearms

On Monday, the United States Court of Appeals for the Ninth Circuit held that the right to keep and bear arms necessarily includes the right to acquire them.  The case, Teixeira v. County of Alameda, involves a ...

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.