Amends provisions of the federal criminal code governing interstate transportation of firearms or ammunition to require that whenever transported by any means other than a motor vehicle: (1) a firearm shall be in a locked container or secured by a secure gun storage or safety device, and (2) ammunition shall be in a locked container.
Excludes from permitted transport of a firearm or ammunition any transportation: (1) with the intent to commit a crime punishable by imprisonment for more than one year that involves the use or threatened use of force against another; or (2) with knowledge or reasonable cause to believe that such a crime is to be committed in the course of, or arising from, the transportation.
Prohibits the arrest or detention of a person for a violation of any state or local law or regulation related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for under federal law. Provides that when a person asserts this as a defense in a criminal proceeding: (1) the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the person's conduct did not satisfy federal conditions; and (2) the court shall award the prevailing defendant a reasonable attorney's fee.
Authorizes a private right of action (and attorney fees) for deprivation of any right, privilege or immunity secured by federal firearms provisions under color of any state or local law or regulation.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1290 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1290
To amend chapter 44 of title 18, United States Code, to more
comprehensively address the interstate transportation of firearms or
ammunition.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 20, 2013
Mr. Griffith of Virginia (for himself, Mr. Owens, Mr. Jones, Mr.
Rahall, Mr. Young of Alaska, Mr. Franks of Arizona, Mr. Westmoreland,
Mr. Hanna, Mr. Ross, Mr. Poe of Texas, Mr. Crawford, Mr. Harper, Mr.
Rigell, Mr. Nunnelee, Mr. Kinzinger of Illinois, Mr. Posey, Mr. Graves
of Missouri, Mr. Griffin of Arkansas, Mr. Kelly, Mr. Roe of Tennessee,
Ms. Jenkins, Mr. Barton, Mr. Conaway, Mr. Womack, Mr. Cassidy, Mr.
Rogers of Alabama, Mr. Latta, Mr. Hurt, Mr. Johnson of Ohio, and Mr.
Miller of Florida) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 44 of title 18, United States Code, to more
comprehensively address the interstate transportation of firearms or
ammunition.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.
(a) In General.--Section 926A of title 18, United States Code, is
amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or ammunition
``(a) Notwithstanding any provision of any law, rule, or regulation
of a State or any political subdivision thereof:
``(1) A person who is not prohibited by this chapter from
possessing, transporting, shipping, or receiving a firearm or
ammunition shall be entitled to transport a firearm for any
lawful purpose from any place where the person may lawfully
possess, carry, or transport the firearm to any other such
place if, during the transportation, the firearm is unloaded,
and--
``(A) if the transportation is by motor vehicle,
the firearm is not directly accessible from the
passenger compartment of the vehicle, and, if the
vehicle is without a compartment separate from the
passenger compartment, the firearm is in a locked
container other than the glove compartment or console,
or is secured by a secure gun storage or safety device;
or
``(B) if the transportation is by other means, the
firearm is in a locked container or secured by a secure
gun storage or safety device.
``(2) A person who is not prohibited by this chapter from
possessing, transporting, shipping, or receiving a firearm or
ammunition shall be entitled to transport ammunition for any
lawful purpose from any place where the person may lawfully
possess, carry, or transport the ammunition, to any other such
place if, during the transportation, the ammunition is not
loaded into a firearm, and--
``(A) if the transportation is by motor vehicle,
the ammunition is not directly accessible from the
passenger compartment of the vehicle, and, if the
vehicle is without a compartment separate from the
passenger compartment, the ammunition is in a locked
container other than the glove compartment or console;
or
``(B) if the transportation is by other means, the
ammunition is in a locked container.
``(b) In subsection (a), the term `transport' includes staying in
temporary lodging overnight, stopping for food, fuel, vehicle
maintenance, an emergency, medical treatment, and any other activity
incidental to the transport, but does not include transportation--
``(1) with the intent to commit a crime punishable by
imprisonment for a term exceeding one year that involves the
use or threatened use of force against another; or
``(2) with knowledge, or reasonable cause to believe, that
such a crime is to be committed in the course of, or arising
from, the transportation.
``(c)(1) A person who is transporting a firearm or ammunition may
not be arrested or otherwise detained for violation of any law or any
rule or regulation of a State or any political subdivision thereof
related to the possession, transportation, or carrying of firearms,
unless there is probable cause to believe that the person is doing so
in a manner not provided for in subsection (a).
``(2) When a person asserts this section as a defense in a criminal
proceeding, the prosecution shall bear the burden of proving, beyond a
reasonable doubt, that the conduct of the person did not satisfy the
conditions set forth in subsection (a).
``(3) When a person successfully asserts this section as a defense
in a criminal proceeding, the court shall award the prevailing
defendant a reasonable attorney's fee.
``(d)(1) A person who is deprived of any right, privilege, or
immunity secured by this section, section 926B or 926C, under color of
any statute, ordinance, regulation, custom, or usage of any State or
any political subdivision thereof, may bring an action in any
appropriate court against any other person, including a State or
political subdivision thereof, who causes the person to be subject to
the deprivation, for damages and other appropriate relief.
``(2) The court shall award a plaintiff prevailing in an action
brought under paragraph (1) damages and such other relief as the court
deems appropriate, including a reasonable attorney's fee.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended in the item relating to section 926A by striking ``firearms''
and inserting ``firearms or ammunition''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
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