Explore The NRA Universe Of Websites

APPEARS IN News

Sen. Daines Introduces Bill to Update Federal Protections for Lawful Transport of Unloaded Guns

Sunday, January 19, 2020

Sen. Daines Introduces Bill to Update Federal Protections for Lawful Transport of Unloaded Guns

Sen. Steve Daines (R-MT) introduced a bill late last year that would reestablish the rule of law for people traveling with firearms in the New York City Metropolitan area.

Traveling with a lawfully-owned pistol can get you arrested at airports in New York and New Jersey. This happens so often that local “gun lawyers” advertise their services on the Internet for unwary out-of-towners who end up in handcuffs for the “crime” of trying to check bags with legally stowed handguns. A local newspaper recently reported that “483 people … have been arrested for possessing a firearm at JFK and LaGuardia airports since 2014,” with 67 such arrests happening in 2019.

These cases, as frequent as they are, rarely make the news. As the New York Times reported, “With the exception of high-profile defendants, most of those arrested remain anonymous after they make a plea deal, as they often do, and their records are sealed.”

In 2017, John Stossel interviewed a number of people caught up in this dragnet, including one woman who emphasized the paralyzing effect it had on her life. "I could barely function," she said in response to her felony arrest and the threat of years in prison. "I had to get on, like, anxiety medicine. I was throwing up every day."

Legislation was passed all the way back in 1986 to protect travelers who followed simple federal procedures for transporting guns. Under the Firearm Owners Protection Act (FOPA), travelers who can lawfully possess a firearm under federal law can transport that firearm for lawful purposes – unloaded and not readily accessible – between places where it may be legally possessed and carried. The law is explicitly meant to supersede “any other provision of any law” of any “State or any political subdivision” along the route of travel.

In most places throughout America, FOPA has worked exactly as written and intended.

But not in New York and New Jersey, which continue to violate the federal protections by enforcing state requirements for handgun licenses that residents of other states cannot realistically obtain.

Moreover, New York City area airports require airlines to report travelers checking bags with firearms to Port Authority Police. If the firearm is a handgun, and the traveler doesn’t have a New York or New Jersey license to possess it, police may seize the gun and arrest the traveler.

To make matters worse, the police are on notice of the federal law. But in New York and New Jersey, they are protected by regional case law that holds FOPA applies only to travelers who are in vehicles (not on foot at airports), that it doesn’t allow passengers to handle baggage containing guns during the journey, and that local police have official immunity when violating the law’s protections.

The result is that it’s basically impossible to travel with a handgun through any New York City area airport. Even if the charges are later dismissed or reduced, the traveler is usually forced to forfeit the firearm and to suffer unjustified indignity, delay, expense, and stress.

Sen. Daines’s seeks to change all this with the Lawful Interstate Transportation of Firearms Act.

This legislation would clarify that FOPA covers travelers throughout the country, whether or not they are in a vehicle and during activities incident to travel, including overnight lodging and stops for food, fuel, maintenance, and emergencies. It would also explicitly incorporate ammunition and detachable magazines into the law’s protections, provided they are not loaded into the firearm.

Most importantly, the act would give FOPA teeth by prohibiting arrest for those complying with its terms and by allowing travelers whose rights were violated to seek redress in court and to collect costs, attorney’s fees and other appropriate relief. It would also protect the due process rights of accused travelers by requiring a state or local jurisdiction seeking to enforce its gun control regulations against an otherwise law-abiding traveler to prove the person was not complying with FOPA’s conditions.

The lawlessness in New York and New Jersey has gone on far too long. As NRA-ILA Executive Director Jason Ouimet said, “On behalf of the NRA’s five million members, we thank Senator Daines for having the legislative courage to stand and fight against local bullies who were hoping to suppress our Second Amendment rights.”

IN THIS ARTICLE
Steve Daines
TRENDING NOW
Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

News  

Monday, September 28, 2026

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

Jay Jones, the anti-gun but pro-bullets to the head Virginia attorney general, announced on September 15 the creation of the Firearms Accountability & Industry Responsibility (FAIR) Unit within the Civil and Criminal Justice & Public ...

DOJ Calls Time on Minnesota’s Second Amendment Waiting Game

News  

Monday, September 28, 2026

DOJ Calls Time on Minnesota’s Second Amendment Waiting Game

For too long, Minnesota Governor Tim Waltz and his anti-gun allies in the state have treated the exercise of a constitutional right as something subject to government permission and whatever wait is required for the ...

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

News  

Monday, September 28, 2026

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

In spite of some countries deciding they cannot trust their own citizens with firearms, other countries seem to be rejecting this policy…at least a bit.  

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

News  

Wednesday, September 23, 2026

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

The Trace, the “newsroom” funded by anti-gun extremist Michael Bloomberg, reported in June on the extent to which the NRA-backed NYSRPA v. Bruen case has, to date, rebuilt the modern Second Amendment landscape.

NRA Files Amicus Brief Urging SCOTUS to Review Lawsuit Blaming Firearm Ads for Criminal Acts

Friday, September 25, 2026

NRA Files Amicus Brief Urging SCOTUS to Review Lawsuit Blaming Firearm Ads for Criminal Acts

Today, the National Rifle Association and Second Amendment Foundation filed an amicus brief urging the U.S. Supreme Court to grant review in Daniel Defense, LLC v. Lowy. The case asks whether firearm manufacturers can be sued ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

Thursday, September 24, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

The National Rifle Association and Second Amendment Foundation filed an amicus brief urging the U.S. Supreme Court to grant review in Beckwith v. Frey, a challenge to Maine’s 72-hour waiting period requirement for firearm purchases.

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

News  

Wednesday, September 23, 2026

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

Do you know the way to San Jose? Dionne Warwick famously asked in her 1968 hit song. Well, Assistant U.S. Attorney General Harmeet Dhillon certainly does, and she recently made sure the city was served ...

California: Newsom Takes One Last Shot at the Second Amendment as Governor

Monday, September 28, 2026

California: Newsom Takes One Last Shot at the Second Amendment as Governor

On Saturday, Governor Gavin Newsom inked his signature to six anti-gun bills, continuing his attack on law-abiding gun owners as he closes his final months as the Governor of California. Since taking office in 2019, ...

Everytown Goes Hunting for Credibility

News  

Wednesday, September 23, 2026

Everytown Goes Hunting for Credibility

The irony is nothing short of comedy. Multiple outlets are having a field day with the Michael Bloomberg-backed Everytown organization, which has spent years and millions of dollars supporting extreme restrictions on lawful gun ownership, ...

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.