I 

117TH CONGRESS 

1ST SESSION H. R. 1680 

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 9, 2021 

Mr. BROOKS (for himself, Mr. CRENSHAW, Mr. STEUBE, Mr. LAMALFA, Mr. 

WEBER of Texas, Mr. LAMBORN, Mr. DUNCAN, Mr. ALLEN, Mr. MOONEY, Mr. PERRY, Mr. MCCAUL, Mr. ROGERS of Alabama, Mr. GAETZ, Mr. 

BABIN, Mr. SMITH of Nebraska, Ms. HERRELL, Mr. HICE of Georgia, 

Mr. BUDD, Mr. CRAWFORD, Mr. ROSENDALE, Mr. CARL, Mr. ADERHOLT, Mr. MOORE of Alabama, Mr. GUEST, Mr. GIBBS, Mr. CLOUD, Mr. 

FULCHER, Mr. HARRIS, Mr. NORMAN, Mr. GOSAR, Mrs. MILLER of Illinois, Mrs. BOEBERT, Mr. GROTHMAN, Mr. GOODEN of Texas, Mr. 

DESJARLAIS, and Mr. WALTZ) 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. SHORT TITLE. 

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

5 Transportation of Firearms Act’’. 


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1 SEC. 2. INTERSTATE TRANSPORTATION OF FIREARMS OR 

2 AMMUNITION. 

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

4 States Code, is amended to read as follows: 

5 ‘‘§ 926A. Interstate transportation of firearms or am6 munition 

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

8 or regulation of a State or any political subdivision there9 of: 

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

11 chapter from possessing, transporting, shipping, or 

12 receiving a firearm or ammunition shall be entitled 

13 to transport a firearm for any lawful purpose from 

14 any place where the person may lawfully possess, 

15 carry, or transport the firearm to any other such 

16 place if, during the transportation, the firearm is 

17 unloaded, and— 

18 ‘‘(A) if the transportation is by motor vehi19 cle, the firearm is not directly accessible from 

20 the passenger compartment of the vehicle, and, 

21 if the vehicle is without a compartment separate 

22 from the passenger compartment, the firearm is 

23 in a locked container other than the glove com24 partment or console, or is secured by a secure 

25 gun storage or safety device; or 


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

2 means, the firearm is in a locked container or 

3 secured by a secure gun storage or safety de4 vice. 

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

6 chapter from possessing, transporting, shipping, or 

7 receiving a firearm or ammunition shall be entitled 

8 to transport ammunition, or any detachable maga9 zine or feeding device for ammunition, for any lawful 

10 purpose from any place where the person may law11 fully possess, carry, or transport the ammunition, 

12 magazine, or feeding device to any other such place 

13 if, during the transportation, the ammunition, maga14 zine, or feeding device is not loaded into a firearm, 

15 and— 

16 ‘‘(A) if the transportation is by motor vehi17 cle, the ammunition, magazine, or feeding de18 vice is not directly accessible from the pas19 senger compartment of the vehicle, and, if the 

20 vehicle is without a compartment separate from 

21 the passenger compartment, the ammunition, 

22 magazine, or feeding device is in a locked con23 tainer other than the glove compartment or 

24 console; or 


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

2 means, the ammunition, magazine, or feeding 

3 device is in a locked container. 

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

5 staying in temporary lodging, stopping for food, fuel, vehi6 cle maintenance, an emergency, medical treatment, or any 

7 other activity incidental to the transport. 

8 ‘‘(c)(1) A person who is transporting a firearm, am9 munition, magazine, or feeding device may not be arrested 

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

11 or regulation of a State or any political subdivision thereof 

12 related to the possession, transportation, or carrying of 

13 firearms, ammunition, magazine, or feeding device un14 less— 

15 ‘‘(A) there is probable cause to believe that the 

16 person is doing so in a manner not provided for in 

17 subsection (a); and 

18 ‘‘(B) there is probable cause to believe that the 

19 person has committed a crime other than the viola20 tion. 

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

22 in a criminal proceeding, the prosecution shall bear the 

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

24 conduct of the person did not satisfy the conditions set 

25 forth in subsection (a). 


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

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

3 award the prevailing defendant a reasonable attorney’s 

4 fee. 

5 ‘‘(d)(1) A person who is deprived of any right, privi6 lege, or immunity secured by this section, section 926B 

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

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

9 thereof, may bring an action in any appropriate court 

10 against any other person, including a State or political 

11 subdivision thereof, who causes the person to be subject 

12 to the deprivation, for damages and other appropriate re13 lief. 

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

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

16 other relief as the court deems appropriate, including a 

17 reasonable attorney’s fee.’’. 

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

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

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

21 the following: 

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

Æ 


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