I 
116TH CONGRESS 
2D SESSION 
H. R. 5935 
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 
FEBRUARY 21, 2020 
Mr. BROOKS of Alabama (for himself, Mr. BYRNE, Mr. GIANFORTE, Mr. 
BABIN, Mr. LAMBORN, Mr. NORMAN, Mr. LAMALFA, Mr. WATKINS, Mr. 
GAETZ, Mr. HICE of Georgia, Mr. DUNCAN, Mr. YOHO, Mr. GOSAR, and 
Mr. KING of Iowa) 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. SHORT TITLE. 
This Act may be cited as the ‘‘Lawful Interstate 
Transportation of Firearms Act’’. 
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SEC. 2. INTERSTATE TRANSPORTATION OF FIREARMS OR 
AMMUNITION. 
(a) IN GENERAL.—Section 926A of title 18, United 
States Code, is amended to read as follows: 
‘‘§ 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 
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‘‘(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. 
‘‘(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 
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‘‘(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, stopping for food, fuel, vehi-
cle maintenance, an emergency, medical treatment, or any 
other activity incidental to the transport. 
‘‘(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 to the possession, transportation, or carrying of 
firearms, ammunition, magazine, or feeding device un-
less— 
‘‘(A) there is probable cause to believe that the 
person is doing so in a manner not provided for in 
subsection (a); and 
‘‘(B) there is probable cause to believe that the 
person has committed a crime other than the viola-
tion. 
‘‘(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). 
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‘‘(3) When a person successfully asserts this section 
as a defense in a criminal proceeding, the court shall 
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 chapter 44 of title 18, United States Code, is amended 
by striking the item relating to section 926A and inserting 
the following: 
‘‘926A. Interstate transportation of firearms or ammunition.’’. 
Æ 
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