I 116TH CONGRESS 2D SESSION H. R. 5935 To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 21, 2020 Mr. BROOKS of Alabama (for himself, Mr. BYRNE, Mr. GIANFORTE, Mr. BABIN, Mr. LAMBORN, Mr. NORMAN, Mr. LAMALFA, Mr. WATKINS, Mr. GAETZ, Mr. HICE of Georgia, Mr. DUNCAN, Mr. YOHO, Mr. GOSAR, and Mr. KING of Iowa) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transpor- tation of firearms or ammunition. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Lawful Interstate 4 Transportation of Firearms Act’’. 5 VerDate Sep 11 2014 18:10 Feb 24, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5935.IH H5935 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5935 IH SEC. 2. INTERSTATE TRANSPORTATION OF FIREARMS OR 1 AMMUNITION. 2 (a) IN GENERAL.—Section 926A of title 18, United 3 States Code, is amended to read as follows: 4 ‘‘§ 926A. Interstate transportation of firearms or am- 5 munition 6 ‘‘(a) Notwithstanding any provision of any law, rule, 7 or regulation of a State or any political subdivision there- 8 of: 9 ‘‘(1) A person who is not prohibited by this 10 chapter from possessing, transporting, shipping, or 11 receiving a firearm or ammunition shall be entitled 12 to transport a firearm for any lawful purpose from 13 any place where the person may lawfully possess, 14 carry, or transport the firearm to any other such 15 place if, during the transportation, the firearm is 16 unloaded, and— 17 ‘‘(A) if the transportation is by motor vehi- 18 cle, the firearm is not directly accessible from 19 the passenger compartment of the vehicle, and, 20 if the vehicle is without a compartment separate 21 from the passenger compartment, the firearm is 22 in a locked container other than the glove com- 23 partment or console, or is secured by a secure 24 gun storage or safety device; or 25 VerDate Sep 11 2014 18:10 Feb 24, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5935.IH H5935 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5935 IH ‘‘(B) if the transportation is by other 1 means, the firearm is in a locked container or 2 secured by a secure gun storage or safety de- 3 vice. 4 ‘‘(2) A person who is not prohibited by this 5 chapter from possessing, transporting, shipping, or 6 receiving a firearm or ammunition shall be entitled 7 to transport ammunition, or any detachable maga- 8 zine or feeding device for ammunition, for any lawful 9 purpose from any place where the person may law- 10 fully possess, carry, or transport the ammunition, 11 magazine, or feeding device to any other such place 12 if, during the transportation, the ammunition, maga- 13 zine, or feeding device is not loaded into a firearm, 14 and— 15 ‘‘(A) if the transportation is by motor vehi- 16 cle, the ammunition, magazine, or feeding de- 17 vice is not directly accessible from the pas- 18 senger compartment of the vehicle, and, if the 19 vehicle is without a compartment separate from 20 the passenger compartment, the ammunition, 21 magazine, or feeding device is in a locked con- 22 tainer other than the glove compartment or 23 console; or 24 VerDate Sep 11 2014 18:10 Feb 24, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5935.IH H5935 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5935 IH ‘‘(B) if the transportation is by other 1 means, the ammunition, magazine, or feeding 2 device is in a locked container. 3 ‘‘(b) In subsection (a), the term ‘transport’ includes 4 staying in temporary lodging, stopping for food, fuel, vehi- 5 cle maintenance, an emergency, medical treatment, or any 6 other activity incidental to the transport. 7 ‘‘(c)(1) A person who is transporting a firearm, am- 8 munition, magazine, or feeding device may not be arrested 9 or otherwise detained for violation of any law or any rule 10 or regulation of a State or any political subdivision thereof 11 related to the possession, transportation, or carrying of 12 firearms, ammunition, magazine, or feeding device un- 13 less— 14 ‘‘(A) there is probable cause to believe that the 15 person is doing so in a manner not provided for in 16 subsection (a); and 17 ‘‘(B) there is probable cause to believe that the 18 person has committed a crime other than the viola- 19 tion. 20 ‘‘(2) When a person asserts this section as a defense 21 in a criminal proceeding, the prosecution shall bear the 22 burden of proving, beyond a reasonable doubt, that the 23 conduct of the person did not satisfy the conditions set 24 forth in subsection (a). 25 VerDate Sep 11 2014 18:10 Feb 24, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5935.IH H5935 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5935 IH ‘‘(3) When a person successfully asserts this section 1 as a defense in a criminal proceeding, the court shall 2 award the prevailing defendant a reasonable attorney’s 3 fee. 4 ‘‘(d)(1) A person who is deprived of any right, privi- 5 lege, or immunity secured by this section, section 926B 6 or 926C, under color of any statute, ordinance, regulation, 7 custom, or usage of any State or any political subdivision 8 thereof, may bring an action in any appropriate court 9 against any other person, including a State or political 10 subdivision thereof, who causes the person to be subject 11 to the deprivation, for damages and other appropriate re- 12 lief. 13 ‘‘(2) The court shall award a plaintiff prevailing in 14 an action brought under paragraph (1) damages and such 15 other relief as the court deems appropriate, including a 16 reasonable attorney’s fee.’’. 17 (b) CLERICAL AMENDMENT.—The table of sections 18 for chapter 44 of title 18, United States Code, is amended 19 by striking the item relating to section 926A and inserting 20 the following: 21 ‘‘926A. Interstate transportation of firearms or ammunition.’’. Æ VerDate Sep 11 2014 18:10 Feb 24, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H5935.IH H5935 pamtmann on DSKBC07HB2PROD with BILLS