Lawful Interstate Transportation of Firearms Act
Bill: H.R.1680 | Sponsor: Rep. Brooks, Mo (R-AL)
Policy area: Crime and Law Enforcement

Summary:
Lawful Interstate Transportation of Firearms Act
This bill revises criminal provisions related to the interstate transportation of firearms and ammunition.
An individual may transport a firearm between two places (e.g., states) where it is legal to possess, carry, or transport the firearm. During transport, the firearm must be unloaded and secured or securely stored.
Additionally, an individual may transport ammunition, or a detachable magazine or feeding device, between two places where it is legal to possess, carry, or transport the ammunition, magazine, or feeding device. During transport, the ammunition, magazine, or feeding device must not be loaded into a firearm and must be securely stored.
The term transport includes staying in temporary lodging; stopping for food, fuel, vehicle maintenance, an emergency, or medical treatment; or any other activity incidental to the transport.
The bill prohibits the arrest or detention of an individual for a state or local firearm or ammunition violation unless there is probable cause to believe the individual failed to comply with the provisions of this bill, and there is probable cause to believe the individual committed another crime.

To amend chapter 44 of title 18, United States Code, to more 
 comprehensively address the interstate transportation of firearms or 
                              ammunition.

    Be it enacted by the Senate and House of Representatives 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''.

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:
``Sec. 926A. Interstate transportation of firearms or ammunition
    ``(a) Notwithstanding any provision of any law, rule, or regulation 
of a State or any political subdivision thereof:
            ``(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 vehicle, 
                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 compartment 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 device.
            ``(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 magazine or feeding device for ammunition, for any 
        lawful purpose from any place where the person may lawfully 
        possess, carry, or transport the ammunition, magazine, or 
        feeding device to any other such place if, during the 
        transportation, the ammunition, magazine, or feeding device is 
        not loaded into a firearm, and--
                    ``(A) if the transportation is by motor vehicle, 
                the ammunition, magazine, or feeding device 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 ammunition, magazine, or feeding device is in a 
                locked container 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, stopping for food, fuel, vehicle maintenance, an 
emergency, medical treatment, or any other activity incidental to the 
transport.
    ``(c)(1) A person who is transporting a firearm, ammunition, 
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 unless--
            ``(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 violation.
    ``(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 award the prevailing 
defendant a reasonable attorney's fee.
    ``(d)(1) A person who is deprived of any right, privilege, 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 relief.
    ``(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.''.
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