Lawful Interstate Transportation of Firearms Act
This bill revises criminal provisions related to the interstate transportation of firearms and ammunition.
An individual may transport a firearm between two places (e.g., states) where it is legal to possess, carry, or transport the firearm. During transport, the firearm must be unloaded and secured or securely stored.
Additionally, an individual may transport ammunition, or a detachable magazine or feeding device, between two places where it is legal to possess, carry, or transport the ammunition, magazine, or feeding device. During transport, the ammunition, magazine, or feeding device must not be loaded into a firearm and must be securely stored.
The term transport includes staying in temporary lodging; stopping for food, fuel, vehicle maintenance, an emergency, or medical treatment; and any other activities that are incidental to the transportation.
The bill prohibits the arrest or detention of an individual for a state or local firearm or ammunition violation unless there is probable cause to believe the individual failed to comply with the provisions of this bill, and there is probable cause to believe the individual committed another crime.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5935 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5935
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
February 21, 2020
Mr. Brooks of Alabama (for himself, Mr. Byrne, Mr. Gianforte, Mr.
Babin, Mr. Lamborn, Mr. Norman, Mr. LaMalfa, Mr. Watkins, Mr. Gaetz,
Mr. Hice of Georgia, Mr. Duncan, Mr. Yoho, Mr. Gosar, and Mr. King of
Iowa) 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. SHORT TITLE.
This Act may be cited as the ``Lawful Interstate Transportation of
Firearms Act''.
SEC. 2. 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, or any
detachable magazine or feeding device for ammunition, for any
lawful purpose from any place where the person may lawfully
possess, carry, or transport the ammunition, magazine, or
feeding device to any other such place if, during the
transportation, the ammunition, magazine, or feeding device is
not loaded into a firearm, and--
``(A) if the transportation is by motor vehicle,
the ammunition, magazine, or feeding device 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, magazine, or feeding device is in a
locked container other than the glove compartment or
console; or
``(B) if the transportation is by other means, the
ammunition, magazine, or feeding device is in a locked
container.
``(b) In subsection (a), the term `transport' includes staying in
temporary lodging, stopping for food, fuel, vehicle maintenance, an
emergency, medical treatment, or any other activity incidental to the
transport.
``(c)(1) A person who is transporting a firearm, ammunition,
magazine, or feeding device 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, ammunition, magazine, or
feeding device unless--
``(A) there is probable cause to believe that the person is
doing so in a manner not provided for in subsection (a); and
``(B) there is probable cause to believe that the person
has committed a crime other than the violation.
``(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 chapter 44 of
title 18, United States Code, is amended by striking the item relating
to section 926A and inserting the following:
``926A. Interstate transportation of 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, and Homeland Security.
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