Explore The NRA Universe Of Websites

APPEARS IN News

Sen. Daines Introduces Bill to Update Federal Protections for Lawful Transport of Unloaded Guns

Sunday, January 19, 2020

Sen. Daines Introduces Bill to Update Federal Protections for Lawful Transport of Unloaded Guns

Sen. Steve Daines (R-MT) introduced a bill late last year that would reestablish the rule of law for people traveling with firearms in the New York City Metropolitan area.

Traveling with a lawfully-owned pistol can get you arrested at airports in New York and New Jersey. This happens so often that local “gun lawyers” advertise their services on the Internet for unwary out-of-towners who end up in handcuffs for the “crime” of trying to check bags with legally stowed handguns. A local newspaper recently reported that “483 people … have been arrested for possessing a firearm at JFK and LaGuardia airports since 2014,” with 67 such arrests happening in 2019.

These cases, as frequent as they are, rarely make the news. As the New York Times reported, “With the exception of high-profile defendants, most of those arrested remain anonymous after they make a plea deal, as they often do, and their records are sealed.”

In 2017, John Stossel interviewed a number of people caught up in this dragnet, including one woman who emphasized the paralyzing effect it had on her life. "I could barely function," she said in response to her felony arrest and the threat of years in prison. "I had to get on, like, anxiety medicine. I was throwing up every day."

Legislation was passed all the way back in 1986 to protect travelers who followed simple federal procedures for transporting guns. Under the Firearm Owners Protection Act (FOPA), travelers who can lawfully possess a firearm under federal law can transport that firearm for lawful purposes – unloaded and not readily accessible – between places where it may be legally possessed and carried. The law is explicitly meant to supersede “any other provision of any law” of any “State or any political subdivision” along the route of travel.

In most places throughout America, FOPA has worked exactly as written and intended.

But not in New York and New Jersey, which continue to violate the federal protections by enforcing state requirements for handgun licenses that residents of other states cannot realistically obtain.

Moreover, New York City area airports require airlines to report travelers checking bags with firearms to Port Authority Police. If the firearm is a handgun, and the traveler doesn’t have a New York or New Jersey license to possess it, police may seize the gun and arrest the traveler.

To make matters worse, the police are on notice of the federal law. But in New York and New Jersey, they are protected by regional case law that holds FOPA applies only to travelers who are in vehicles (not on foot at airports), that it doesn’t allow passengers to handle baggage containing guns during the journey, and that local police have official immunity when violating the law’s protections.

The result is that it’s basically impossible to travel with a handgun through any New York City area airport. Even if the charges are later dismissed or reduced, the traveler is usually forced to forfeit the firearm and to suffer unjustified indignity, delay, expense, and stress.

Sen. Daines’s seeks to change all this with the Lawful Interstate Transportation of Firearms Act.

This legislation would clarify that FOPA covers travelers throughout the country, whether or not they are in a vehicle and during activities incident to travel, including overnight lodging and stops for food, fuel, maintenance, and emergencies. It would also explicitly incorporate ammunition and detachable magazines into the law’s protections, provided they are not loaded into the firearm.

Most importantly, the act would give FOPA teeth by prohibiting arrest for those complying with its terms and by allowing travelers whose rights were violated to seek redress in court and to collect costs, attorney’s fees and other appropriate relief. It would also protect the due process rights of accused travelers by requiring a state or local jurisdiction seeking to enforce its gun control regulations against an otherwise law-abiding traveler to prove the person was not complying with FOPA’s conditions.

The lawlessness in New York and New Jersey has gone on far too long. As NRA-ILA Executive Director Jason Ouimet said, “On behalf of the NRA’s five million members, we thank Senator Daines for having the legislative courage to stand and fight against local bullies who were hoping to suppress our Second Amendment rights.”

IN THIS ARTICLE
Steve Daines
TRENDING NOW
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

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.