Since the U.S. Congress enacted the Firearm Owners’ Protection Act of 1986, an American has enjoyed the right to travel with firearms “from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm,” provided he complies with the requirements of the relevant statue (18 U.S.C. § 926A).
Well, at least he should have.
Some jurisdictions, mostly the Port Authority of New York and New Jersey (Port Authority), have continued to cause trouble for well-meaning gun owners attempting to travel with firearms.
On February 7, 2025, President Donald Trump signed “Executive Order 14206 – Protecting Second Amendment Rights”, which tasked the U.S. Attorney General to,
examine all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies (agencies) to assess any ongoing infringements of the Second Amendment rights of our citizens, and present a proposed plan of action to the President, through the Domestic Policy Advisor, to protect the Second Amendment rights of all Americans.
As part of that effort, on May 6, ATF posted a notice of proposed rulemaking “Clarifying Interstate Transportation of Firearms Under the Gun Control Act,” which reworks the federal regulation implementing 18 U.S.C. § 926A (27 C.F.R. § 478.38) to better reflect Congress’s intent to provide broad protections to traveling gun owners.
The new regulation does this in part by making clear that activity incidental to travel is covered under FOPA’s protection. These include activities such as,
staying in temporary lodging overnight, transiting between modes of transportation, stopping for food, fuel, vehicle maintenance, an emergency, or medical treatment, picking up or discharging passengers, moving a firearm at the beginning of a journey from a fixed address to a vehicle for transportation or at the end of a journey from a vehicle to a fixed address, and any other activity incidental to the original transportation.
Also to be covered under the rule is “presenting the firearm or ammunition for inspection when required by a common carrier, the Transportation Security Administration, or U.S. Customs and Border Protection.”
Moreover, the rule makes clear that transportation of ammunition, magazines, and other firearm components and accessories are covered under FOPA’s protection.
NRA’s comment supports the broad thrust of this rulemaking. It is clear from the text of the rule that ATF has examined the problems that travelers through New York and New Jersey continue to experience and are seeking to alleviate them in line with Congress’ intent.
NRA’s comment points out that addressing this northeastern corridor was a key concern for FOPA’s drafters. In a 1979 floor statement introducing the first version of FOPA, sponsor Rep. Harold L. Volkmer (D-Mo.) explained,
Problems have recently arisen due to local officials, particularly in New York City, interfering or threatening to interfere with the transportation of firearms through their jurisdictions. In a typical case, a person would be traveling from State A to State B on a hunting trip and would use one of the New York airports to make a connecting flight. Having his guns in his baggage, he is in violation of New York City's gun control laws, even though his possession of the firearms was perfectly legal in both his point of origin and his destination, and he was transporting them in accordance with Federal regulations
NRA also explains how ATF’s travel rulemaking might be improved.
As noted earlier, 18 U.S.C. § 926A protects a gun owner traveling “from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm.” There is no language in the text of the statute stating that these two locations need be in separate states or that state lines must be crossed at some point in the contemplated transportation for the traveler to enjoy FOPA’s protection. 18 U.S. C. § 926A does carry the title “Interstate transportation of firearms,” but the traditional rules of statutory interpretation advise against using a title to limit the plain meaning of a statute’s text (Brotherhood of R. R. Trainmen v. Baltimore & O. R. Co. (1947)).
NRA urges ATF to adopt an interpretation of 18 U.S.C. § 926A that protects intrastate as well as interstate travel.
Given New York and New Jersey’s longstanding and uniquely complicated record in dealing with those traveling with firearms, NRA also urges the Department of Justice Civil Rights Division Second Amendment Section to examine whether the Port Authority is adequately recognizing the federal right established in 18 U.S.C. § 926A.
Civil rights law (34 U.S.C. § 12601) prohibits “a pattern or practice of conduct by law enforcement officers… that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.”
As of press time, NRA’s comment was still being processed by regulations.gov. It should be viewable within a few days.
Moreover, we urge gun rights supporters to visit regulations.gov to examine the proposed rule for themselves and submit a comment. Those with experience trying to navigate (or being forced to avoid) Port Authority facilities while traveling with firearms would have especially helpful input to provide.
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