Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Protect Your Rights! Act Now to Support Legal Transportation of Firearms

Friday, April 6, 2012

When Congress passed the Firearms Owners' Protection Act (FOPA) in 1986, one of the key provisions of the bill was intended to protect the rights of gun owners to legally transport their firearms between locations where they are legally allowed to possess them.

Unfortunately, some local jurisdictions have chosen to ignore federal law and the courts have upheld these infringements on Second Amendment rights.

H.R. 4269, introduced by U.S. Reps. Morgan Griffith (R-Va.), Ted Poe (R-Texas) and Bill Owens (D-N.Y.) would amend this provision to ensure it has the effect Congress intended.

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 travelling with their firearms in two states in particular: New York (especially New York City) and New Jersey.  Rather than recognize the intention of Congress to protect the rights of Americans travelling with legally owned firearms, these jurisdictions have used overly restrictive state licensing laws to harass and prosecute travelers.

Many gun owners, for example, have been arrested when trying to check in with firearms for flights out of New York and New Jersey airports. But in NRA-supported civil rights lawsuits contesting those arrests, federal courts have interpreted the law in a way that allows local law enforcement officials to detain or arrest travelers who make every effort to comply with federal law, and that deprive the travelers of any effective remedy after the fact. Many other cases have resulted in guilty pleas to reduced charges, civil penalties, and delayed travel. Due to these improper actions, NRA has been forced to repeatedly warn gun owners that they should avoid using New York or New Jersey airports when traveling.

The refusal of the authorities in some jurisdictions to recognize federal law and the failure of the courts to enforce the provisions of FOPA, makes this legislation necessary.

H.R. 4269 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 the law, rather than allow travelers to be arrested and forced to raise the law as an affirmative defense.
     
  • Make clear that transportation of both firearms and ammunition is federally protected.
  • Make clear that 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.

Finally, it's important to note that while the NRA is working to enact a national Right-to-Carry Reciprocity bill this bill does not achieve that.  This legislation is intended only to provide real legal protection for people transporting cased and unloaded guns while travelling.

Please be sure to contact your U.S. Representative and urge him or her to cosponsor and support H.R. 4269.  You can find contact information for your Representative by using the "Write Your Representatives" tool at www.NRAILA.org.  You may also contact your Representative by phone at (202) 225-3121.

TRENDING NOW
Declassified Document: Biden-Harris Administration Targeted Gun Owners and Second Amendment Rights Under “Domestic Terrorism” Pretext

News  

Monday, April 21, 2025

Declassified Document: Biden-Harris Administration Targeted Gun Owners and Second Amendment Rights Under “Domestic Terrorism” Pretext

On April 16, Director of National Intelligence Tulsi Gabbard made good on a promise to expose the ways in which the Biden administration had weaponized the federal government against its political adversaries by releasing the Biden-era “Strategic Implementation Plan ...

Firearm Turn-ins, Worse than Useless?

News  

Monday, April 28, 2025

Firearm Turn-ins, Worse than Useless?

Once again, Chicago has provided a cautionary tale in gun control. This time the city helped to illustrate the futility of gun turn-ins – sometimes incorrectly termed “buybacks” by those under the misimpression that all ...

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

U.S. Supreme Court Allows Decision Recognizing Young Adult Carry to Stand

News  

Monday, April 28, 2025

U.S. Supreme Court Allows Decision Recognizing Young Adult Carry to Stand

On Monday, April 21, the U.S. Supreme Court declined to review an appeal from the state of Minnesota in Worth v. Jacobson, allowing to stand an Eight Circuit ruling declaring that a ban on obtaining carry permits by ...

Australian Gun Regime Exposes the Fallacy of “Red Flag” Laws

News  

Monday, April 28, 2025

Australian Gun Regime Exposes the Fallacy of “Red Flag” Laws

As we wrote about last week, a cornerstone of the Biden administration’s “Strategic Implementation Plan for Countering Domestic Terrorism,” a plan aimed at curtailing Second Amendment rights under the guise of fighting domestic terrorism, was ...

Legal Update: April 2025 Litigation Update

Monday, April 21, 2025

Legal Update: April 2025 Litigation Update

In the first quarter of 2025, the National Rifle Association filed three new lawsuits and five amicus briefs, while continuing to litigate dozens of ongoing lawsuits across the country.

Florida: Legislation to Remove 2A Restrictions During Emergencies Sent to Governor’s Desk

Wednesday, April 23, 2025

Florida: Legislation to Remove 2A Restrictions During Emergencies Sent to Governor’s Desk

Today, companion bills Senate Bill 952 and House Bill 6025, protecting our Second Amendment Rights during a state of emergency, received final passage from the legislature and will now head to Governor DeSantis's desk for his consideration.  

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

News  

Monday, March 17, 2025

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

In a turnabout worthy of Invasion of the Body Snatchers, The Washington Post (WAPO) published an editorial last Tuesday criticizing the gun control movement for ignoring the Protection of Lawful Commerce in Arms Act (PLCAA) and pursuing its agenda in ...

Federal Court in Massachusetts Enforces Range Access Statute in Pathbreaking Case

News  

Monday, April 21, 2025

Federal Court in Massachusetts Enforces Range Access Statute in Pathbreaking Case

It has happened before in Massachusetts: A small, hardy band of armed Americans faces off against elements of the most powerful military in the world and commits a revolutionary act that paves the way for ...

Rep. Feenstra Reintroduces Legislation to Protect Second Amendment Rights of Tenants

News  

Tuesday, April 22, 2025

Rep. Feenstra Reintroduces Legislation to Protect Second Amendment Rights of Tenants

On April 17, 2025, Representative Randy Feenstra (R-IA-04) reintroduced the Preserving Rights of Tenants by Ensuring Compliance to the Second Amendment Act, or the PROTECT the Second Amendment Act. 

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.