Bill Introduced to Better Define the Interstate Transportation of Firearms and Ammunition
It can be a nerve racking moment. Getting pulled over in another state on the way to a gun show or a shooting competition, theoretically every law abiding gun owner should be covered under the Firearms Owners’ Protection Act of 1986.
To summarize FOPA, it means anyone who can legally be in possession of a gun in their home state is allowed to transport over state lines so long as the weapon is unloaded and not easily accessible. This is covered under the Federal “Safe Passage” section of this act.
However, some states have extremely strict interpretations of what that means. Is the state you’re being pulled over in one of them? And if so, what’s the proper way to address the legal ramifications of an over strict interpretation of the law?
The days of this dilemma may be winding down with the introduction of HR 131. On the 2nd of February of 2015, Rep. Morgan (R-VA) introduced a bill which would clearly define out the law for the transportation of firearms across state lines.
This is to address the issue with some states, such as California, having clear delineations on what constitutes an assault weapon and how many rounds in a magazine a rifle or pistol may have.
What Does HR 131 Propose?
As submitted, HR 131 is a desire to, “amend chapter 44 of title 18 United States Code, to more comprehensively address the interstate transportation of firearms or ammunition.”
What it means is that, as written, chapter 44 of title 18 – the chapter that governs the present federal law regarding the interstate transportation of firearms and ammunition – doesn’t sufficiently define quite a few things.
Namely, when you get pulled over or stopped in a traffic stop while transporting a firearm or magazine and ammunition that don’t comply with either state or local law. This normally should be a clear and cut case of the Firearms Owners’ Protection Act of 1986 – but unfortunately (and historically) it isn’t.
What Does the Concealed Carrier Need to Know?
Obviously, there are a few states like New Jersey, New York, and Massachusetts that have overly draconian interpretations of the second amendment. And in the case of NJ and NY, they don’t even have a second amendment clause like what is found in the Bill of Rights in their own state constitutions.
This creates a legal rift for states rights versus federal law that is surprisingly expensive for a lot of gun owners.
As of right now, HR 131 has been sent to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. Whether or not it will pass the house and senate (and the president) and become law is anyone’s guess.
What’s great about this type of legislation is it is attempting to offer more protections for lawful gun owners wishing to simply move through a state with a firearm and ammunition.
As someone who conceal carries, it’s important to remember that many states such as New York recognize almost no one’s right to conceal carry. So it is especially important that those in possession of firearms and ammunition do not stop for extended periods of time in those type of states.
The Firearms Owners’ Protection Act of 1986 allows for a driver to stop for gas and food in states and localities with strict interpretations of gun laws so long as the weapon, magazines, and ammunition are not together and are inaccessible by the driver or those in his vehicle.
A locked case in the trunk is the best bet until HR 131 sees the light of day on the president’s desk.
Worthy of note: if you happen to be transporting a fully automatic weapon, please remember that FOPA doesn’t cover you.
So, if you’re taking that brand new IMI Uzi 9mm to the range (we’re jealous), make sure to research the proper paperwork and procedures necessary to drive through states that would not allow a private citizen to have possession of such weaponry.
