I 
115TH CONGRESS 
1ST SESSION 
H. R. 358 
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 
JANUARY 6, 2017 
Mr. GRIFFITH (for himself, Mr. PALAZZO, Mr. BABIN, Mr. DUNCAN of South 
Carolina, Mr. BROOKS of Alabama, Mr. JOHNSON of Ohio, Mr. STEWART, 
Mr. MESSER, Mr. ABRAHAM, Mr. TIPTON, Mr. FRANKS of Arizona, Mr. 
LAMBORN, Mr. FARENTHOLD, Mr. ZELDIN, Mr. GIBBS, Mr. DUFFY, Mr. 
KELLY of Pennsylvania, Mr. LONG, Mr. OLSON, Ms. JENKINS of Kansas, 
Mr. HENSARLING, Mr. SAM JOHNSON of Texas, Mr. YOUNG of Alaska, 
Mr. JODY B. HICE of Georgia, and Mr. ROE of Tennessee) 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 transpor-
tation of firearms or ammunition. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS 
OR AMMUNITION. 
(a) IN GENERAL.—Section 926A of title 18, United 
States Code, is amended to read as follows: 
VerDate Sep 11 2014 
01:02 Jan 19, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H358.IH
H358
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘§ 926A. Interstate transportation of firearms or am-
munition 
‘‘(a) Notwithstanding any provision of any law, rule, 
or regulation of a State or any political subdivision there-
of: 
‘‘(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 vehi-
cle, 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 com-
partment 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 de-
vice. 
VerDate Sep 11 2014 
01:02 Jan 19, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H358.IH
H358
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(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 maga-
zine or feeding device for ammunition, for any lawful 
purpose from any place where the person may law-
fully possess, carry, or transport the ammunition, 
magazine, or feeding device to any other such place 
if, during the transportation, the ammunition, maga-
zine, or feeding device is not loaded into a firearm, 
and— 
‘‘(A) if the transportation is by motor vehi-
cle, the ammunition, magazine, or feeding de-
vice is not directly accessible from the pas-
senger 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 con-
tainer 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 overnight, stopping for food, 
VerDate Sep 11 2014 
01:02 Jan 19, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H358.IH
H358
SSpencer on DSK4SPTVN1PROD with BILLS
fuel, vehicle maintenance, an emergency, medical treat-
ment, and any other activity incidental to the transport, 
but does not include transportation— 
‘‘(1) with the intent to commit a crime punish-
able by imprisonment for a term exceeding one year 
that involves the use or threatened use of force 
against another; or 
‘‘(2) with knowledge, or reasonable cause to be-
lieve, that such a crime is to be committed in the 
course of, or arising from, the transportation. 
‘‘(c)(1) A person who is transporting a firearm, am-
munition, 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 solely to the possession, transportation, or carrying 
of firearms, ammunition, magazine, or feeding device un-
less there is probable cause to believe that the person is 
doing so in a manner not provided for in subsection (a). 
‘‘(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 
VerDate Sep 11 2014 
01:02 Jan 19, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H358.IH
H358
SSpencer on DSK4SPTVN1PROD with BILLS
award the prevailing defendant a reasonable attorney’s 
fee. 
‘‘(d)(1) A person who is deprived of any right, privi-
lege, 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 re-
lief. 
‘‘(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 such chapter is amended in the item relating to section 
926A by striking ‘‘firearms’’ and inserting ‘‘firearms or 
ammunition’’. 
Æ 
VerDate Sep 11 2014 
01:02 Jan 19, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H358.IH
H358
SSpencer on DSK4SPTVN1PROD with BILLS