Explore The NRA Universe Of Websites

Pro-gun Bills Introduced to Reform FOPA, Protect Interstate Transport of Firearms for Lawful Use

Friday, March 17, 2017

Pro-gun Bills Introduced to Reform FOPA, Protect Interstate Transport of Firearms for Lawful Use

Pro-gun members of Congress have introduced legislation to protect travelers who are transporting firearms interstate for lawful purposes.

The first such bill was H.R. 358, filed by Rep. H. Morgan Griffith (R-VA) and 38 cosponsors in February. Joining him this week was Sen. Orrin Hatch (R-UT), who introduced S.618 on Tuesday.

Unlike pending national reciprocity bills, this legislation deals specifically with transporting unloaded firearms, rather than for carry on one’s person en route.

Both bills would reform important provisions of the Firearm Owners Protection Act (FOPA) intended to protect the right of law-abiding gun owners to transport firearms throughout our nation. Yet in the years since its enactment, this law has too often been ignored by anti-gun local officials and effectively gutted by the courts. H.R. 358 and S. 618 would rewrite the law to implement the outcome Congress intended when it was passed more than 25 years ago.

FOPA’s safe transport provisions (codified at 18 U.S.C. § 926A) guarantee the right of a law-abiding person to transport an unloaded firearm between two locations where he or she may legally possess it, regardless of state or local laws along the route of travel that would otherwise prohibit such conduct. Under the current law, the gun must be cased or otherwise not readily accessible.

Most states have never had a problem with this law.  However, both before and after enactment of FOPA, gun owners have had serious problems lawfully traveling in two states in particular: New York (especially New York City) and New Jersey. Rather than recognize Congressional intent to protect the rights of Americans traveling with legally owned firearms, these jurisdictions have used overly restrictive state licensing laws to harass and persecute nonresident gun owners.

For example:

  • In 2004, the Port Authority Police Department (PAPD) arrested John Torraco at LaGuardia Airport for illegal possession of a firearm.  Torraco, an attorney and law professor from Florida, had properly stored his legally owned, unloaded handgun in his checked luggage.  However, when he declared the firearm to the counter agent (as required by federal law) he was arrested and charged for possessing the handgun without a New York handgun license.
  • In 2005, William Winstanley, a New York State resident, was detained at John F. Kennedy International Airport when he attempted to check a handgun in his luggage, again in compliance with the requirements of § 926A.  Winstanley was not arrested, but his travel was delayed for several days while he proved that he was in compliance with federal law.
  • In 2005, Greg Revell, a Utah resident, was flying through Newark Liberty International Airport to his final destination in Pennsylvania. However, his flight into New Jersey was late, which caused him to miss his connecting flight. Revell was forced to collect his baggage and spend the night in a Newark hotel. When he attempted to recheck his baggage the following morning, he declared his unloaded handgun to the counter agent. PAPD officers arrested Revell for illegal possession of a handgun and ammunition under New Jersey law.  Revell spent three days in jail before he was able to make bail.

Each of these gun owners filed a civil rights suit in federal court to vindicate their rights under FOPA.  In each case, however, the courts interpreted the law to deprive travelers who comply with its provisions of any effective remedy after they’ve been arrested or detained by police for violation of state or local law.

Since that time, many other cases have resulted in guilty pleas to reduced charges, civil penalties, seized firearms, and delayed travel in situations where FOPA should have provided protection.

While cases of inappropriate arrest or detention are most common at the New York City airports, they are not limited to those locations. In Albany, NY, detention of gun owners and confiscation of firearms have been reported by persons traveling in full compliance with § 926A.  The NRA has been forced to repeatedly warn gun owners that they should avoid using New York or New Jersey airports when traveling with firearms.

To correct this situation, the pending bills would:

  • Expand the protections afforded travelers to include “staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental” to the trip.
  • Put the burden of proof clearly on the state to show that a traveler did not meet the requirements of § 926A, rather than allow travelers to be arrested on local charges and forced to raise § 926A before a judge as an “affirmative defense.”
  • Make clear that transportation of firearms, their magazines, and ammunition is federally protected.
  • Make clear that violation of the right to transport firearms is judicially enforceable as a federal civil right, with attorney’s fees available to victorious plaintiffs in civil suits, as well as to defendants who prevail in criminal cases after raising a FOPA defense.


The NRA thanks Rep. Griffith and Sen. Hatch for their leadership in this vitally important effort and urges their respective chambers to take up the bills as soon as possible.

A constitutional “right” to arms that can be vetoed at every state, county, or municipal border is no right at all.

TRENDING NOW
Firearm Access During Shutdown Act introduced in Congress

Monday, November 10, 2025

Firearm Access During Shutdown Act introduced in Congress

On October 30th, 2025, Senator Jim Risch [R-ID] introduced the Firearm Access During Shutdown Act (S.3085), with Congressman Ben Cline [R-VA-6] introducing the companion legislation in the U.S. House (H.R. 5874).

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

Tuesday, November 11, 2025

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

In a tacit acknowledgement of just how unworkable its gun ban and confiscation program is, Canada’s Liberal government quietly extended the gun amnesty for an additional year, just before it was due to expire on October 30 ...

North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

News  

Wednesday, November 12, 2025

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

Today, President Donald Trump signed into law a legislative proposal to reopen the federal government. Included in the legislation is a provision that prohibits the Department of Veterans Affairs (VA) from stripping the constitutional right ...

Pennsylvania: Firearm Registration Bill Scheduled for Committee This Week!

Monday, November 10, 2025

Pennsylvania: Firearm Registration Bill Scheduled for Committee This Week!

On Wednesday, November 12, the House Judiciary Committee will take action on HB 1891, a gun registration bill that the NRA opposed last year and continues to fight this session. While supporters claim the bill is ...

Veteran’s Sad Lament Shows Why Surrender is Not an Option

Tuesday, November 11, 2025

Veteran’s Sad Lament Shows Why Surrender is Not an Option

Gun owners in Virgina, home of NRA’s Headquarters, are still absorbing the results of last Tuesday’s elections. In addition to the election of Democrat Abigail Spanberger, a former Mom’s Demand Action volunteer, as governor, we now ...

Gun owners should approach firearm product liability suits with discernment

Tuesday, November 11, 2025

Gun owners should approach firearm product liability suits with discernment

Few communities take the products they use as seriously as gun owners. A firearm is often a tool that a person needs to be able to trust their life with. Add brand loyalty and differences ...

Virginia: Election Results Threaten Your Second Amendment Rights

Wednesday, November 5, 2025

Virginia: Election Results Threaten Your Second Amendment Rights

The recent election has brought significant changes to the electorate, and the results couldn’t be clearer. An anti-gun majority now controls the House of Delegates, and an anti-gun Governor is preparing to take office. Together, they ...

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

News  

Monday, November 3, 2025

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

An NRA-ILA alert last month highlighted the ways in which President Donald Trump has used his office to safeguard our rights protected under the Second Amendment.

Michigan: Support Legislation to Expand and Restore Second Amendment Rights

Friday, November 7, 2025

Michigan: Support Legislation to Expand and Restore Second Amendment Rights

On Wednesday, the Michigan House Judiciary Committee will hold a hearing on four critical pro-gun bills designed to: lower the age to carry a concealed pistol to 18 years and old, allow eligible individuals to ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.