II 

115TH CONGRESS 

1ST SESSION S. 618 

To amend chapter 44 of title 18, United States Code, to more comprehensively 

address the interstate transportation of firearms or ammunition. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2017 

Mr. HATCH (for himself, Mr. LANKFORD, Mr. ROUNDS, Mr. DAINES, Mr. 

CRUZ, and Mr. CORNYN) introduced the following bill; which was read 

twice and 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lawful Interstate 

5 Transportation of Firearms Act’’. 

6 SEC. 2. INTERSTATE TRANSPORTATION OF FIREARMS OR 

7 AMMUNITION. 

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

9 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, or any detachable maga5 zine or feeding device for ammunition, for any lawful 

6 purpose from any place where the person may law7 fully possess, carry, or transport the ammunition, 

8 magazine, or feeding device to any other such place 

9 if, during the transportation, the ammunition, maga10 zine, or feeding device is not loaded into a firearm, 

11 and— 

12 ‘‘(A) if the transportation is by motor vehi13 cle, the ammunition, magazine, or feeding de14 vice is not directly accessible from the pas15 senger compartment of the vehicle, and, if the 

16 vehicle is without a compartment separate from 

17 the passenger compartment, the ammunition, 

18 magazine, or feeding device is in a locked con19 tainer other than the glove compartment or 

20 console; or 

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

22 means, the ammunition, magazine, or feeding 

23 device is in a locked container. 

24 ‘‘(b) In subsection (a), the term ‘transport’— 


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1 ‘‘(1) includes staying in temporary lodging over2 night, stopping for food, fuel, vehicle maintenance, 

3 an emergency, medical treatment, or any other activ4 ity incidental to the transport; and 

5 ‘‘(2) does not include transportation— 

6 ‘‘(A) with the intent to commit a crime; or 

7 ‘‘(B) with knowledge, or reasonable cause 

8 to believe, that such a crime is to be committed 

9 in the course of, or arising from, the transpor10 tation. 

11 ‘‘(c)(1) A person who is transporting a firearm, am12 munition, magazine, or feeding device may not be arrested 

13 or otherwise detained for violation of any law or any rule 

14 or regulation of a State or any political subdivision thereof 

15 related solely to the possession, transportation, or carrying 

16 of firearms, ammunition, magazine, or feeding device un17 less there is probable cause to believe that the person is 

18 doing so in a manner not provided for in subsection (a). 

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

20 in a criminal proceeding, the prosecution shall bear the 

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

22 conduct of the person did not satisfy the conditions set 

23 forth in subsection (a). 

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

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


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1 award the prevailing defendant a reasonable attorney’s 

2 fee. 

3 ‘‘(d)(1) A person who is deprived of any right, privi4 lege, or immunity secured by this section, section 926B 

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

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

7 thereof, may bring an action in any appropriate court 

8 against any other person, including a State or political 

9 subdivision thereof, who causes the person to be subject 

10 to the deprivation, for damages and other appropriate re11 lief. 

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

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

14 other relief as the court deems appropriate, including a 

15 reasonable attorney’s fee.’’. 

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

17 for chapter 44 of title 18, United States Code, is amended 

18 by striking the item relating to section 926A and inserting 

19 the following: 

‘‘926A. Interstate transportation of firearms or ammunition.’’. 

Æ 


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