Explore The NRA Universe Of Websites

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
Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Michigan: Take Action Against Anti-Gun Legislation TODAY!

Friday, December 13, 2024

Michigan: Take Action Against Anti-Gun Legislation TODAY!

With lame duck session in full swing, Michigan Democrats are doing everything they can to pass additional anti-gun legislation. Last night, the Senate passed, among other things, legislation that would restrict home-built firearms and ban ...

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

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.