I 

112TH CONGRESS 

2D SESSION H. R. 4269 

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 27, 2012 

Mr. GRIFFITH of Virginia (for himself, Mr. OWENS, and Mr. POE of Texas) 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS 

4 OR AMMUNITION. 

5 (a) IN GENERAL.—Section 926A of title 18, United 

6 States Code, is amended to read as follows: 


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1 ‘‘§ 926A. Interstate transportation of firearms or am2 munition 

3 ‘‘(a) Notwithstanding any provision of any law, rule, 

4 or regulation of a State or any political subdivision there5 of: 

6 ‘‘(1) A person who is not prohibited by this 

7 chapter from possessing, transporting, shipping, or 

8 receiving a firearm or ammunition shall be entitled 

9 to transport a firearm for any lawful purpose from 

10 any place where the person may lawfully possess, 

11 carry, or transport the firearm to any other such 

12 place if, during the transportation, the firearm is 

13 unloaded, and— 

14 ‘‘(A) if the transportation is by motor vehi15 cle, the firearm is not directly accessible from 

16 the passenger compartment of the vehicle, and, 

17 if the vehicle is without a compartment separate 

18 from the passenger compartment, the firearm is 

19 in a locked container other than the glove com20 partment or console, or is secured by a secure 

21 gun storage or safety device; or 

22 ‘‘(B) if the transportation is by other 

23 means, the firearm is in a locked container or 

24 secured by a secure gun storage or safety de25 vice. 


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1 ‘‘(2) A person who is not prohibited by this 

2 chapter from possessing, transporting, shipping, or 

3 receiving a firearm or ammunition shall be entitled 

4 to transport ammunition for any lawful purpose 

5 from any place where the person may lawfully pos6 sess, carry, or transport the ammunition, to any 

7 other such place if, during the transportation, the 

8 ammunition is not loaded into a firearm, and— 

9 ‘‘(A) if the transportation is by motor vehi10 cle, the ammunition is not directly accessible 

11 from the passenger compartment of the vehicle, 

12 and, if the vehicle is without a compartment 

13 separate from the passenger compartment, the 

14 ammunition is in a locked container other than 

15 the glove compartment or console; or 

16 ‘‘(B) if the transportation is by other 

17 means, the ammunition is in a locked container. 

18 ‘‘(b) In subsection (a), the term ‘transport’ includes 

19 staying in temporary lodging overnight, stopping for food, 

20 fuel, vehicle maintenance, an emergency, medical treat21 ment, and any other activity incidental to the transport, 

22 but does not include transportation— 

23 ‘‘(1) with the intent to commit a crime punish24 able by imprisonment for a term exceeding one year 


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1 that involves the use or threatened use of force 

2 against another; or 

3 ‘‘(2) with knowledge, or reasonable cause to be4 lieve, that such a crime is to be committed in the 

5 course of, or arising from, the transportation. 

6 ‘‘(c)(1) A person who is transporting a firearm or 

7 ammunition may not be arrested or otherwise detained for 

8 violation of any law or any rule or regulation of a State 

9 or any political subdivision thereof related to the posses10 sion, transportation, or carrying of firearms, unless there 

11 is probable cause to believe that the person is doing so 

12 in a manner not provided for in subsection (a). 

13 ‘‘(2) When a person asserts this section as a defense 

14 in a criminal proceeding, the prosecution shall bear the 

15 burden of proving, beyond a reasonable doubt, that the 

16 conduct of the person did not satisfy the conditions set 

17 forth in subsection (a). 

18 ‘‘(3) When a person successfully asserts this section 

19 as a defense in a criminal proceeding, the court shall 

20 award the prevailing defendant a reasonable attorney’s 

21 fee. 

22 ‘‘(d)(1) A person who is deprived of any right, privi23 lege, or immunity secured by this section, section 926B 

24 or 926C, under color of any statute, ordinance, regulation, 

25 custom, or usage of any State or any political subdivision 


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1 thereof, may bring an action in any appropriate court 

2 against any other person, including a State or political 

3 subdivision thereof, who causes the person to be subject 

4 to the deprivation, for damages and other appropriate re5 lief. 

6 ‘‘(2) The court shall award a plaintiff prevailing in 

7 an action brought under paragraph (1) damages and such 

8 other relief as the court deems appropriate, including a 

9 reasonable attorney’s fee.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 for such chapter is amended in the item relating to section 

12 926A by striking ‘‘firearms’’ and inserting ‘‘firearms or 

13 ammunition’’. 

Æ 


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