To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition.

I 118TH CONGRESS 1ST SESSION H. R. 168 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 JANUARY 9, 2023 Mr. GRIFFITH 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. INTERSTATE TRANSPORTATION OF FIREARMS 3 OR AMMUNITION. 4 (a) IN GENERAL.—Section 926A of title 18, United 5 States Code, is amended to read as follows: 6 VerDate Sep 11 2014 22:12 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H168.IH H168 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 168 IH ‘‘§ 926A. Interstate transportation of firearms or am- 1 munition 2 ‘‘(a) Notwithstanding any provision of any law, rule, 3 or regulation of a State or any political subdivision there- 4 of: 5 ‘‘(1) A person who is not prohibited by this 6 chapter from possessing, transporting, shipping, or 7 receiving a firearm or ammunition shall be entitled 8 to transport a firearm for any lawful purpose from 9 any place where the person may lawfully possess, 10 carry, or transport the firearm to any other such 11 place if, during the transportation, the firearm is 12 unloaded, and— 13 ‘‘(A) if the transportation is by motor vehi- 14 cle, the firearm is not directly accessible from 15 the passenger compartment of the vehicle, and, 16 if the vehicle is without a compartment separate 17 from the passenger compartment, the firearm is 18 in a locked container other than the glove com- 19 partment or console, or is secured by a secure 20 gun storage or safety device; or 21 ‘‘(B) if the transportation is by other 22 means, the firearm is in a locked container or 23 secured by a secure gun storage or safety de- 24 vice. 25 VerDate Sep 11 2014 22:12 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H168.IH H168 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 168 IH ‘‘(2) A person who is not prohibited by this 1 chapter from possessing, transporting, shipping, or 2 receiving a firearm or ammunition shall be entitled 3 to transport ammunition, or any detachable maga- 4 zine or feeding device for ammunition, for any lawful 5 purpose from any place where the person may law- 6 fully possess, carry, or transport the ammunition, 7 magazine, or feeding device to any other such place 8 if, during the transportation, the ammunition, maga- 9 zine, or feeding device is not loaded into a firearm, 10 and— 11 ‘‘(A) if the transportation is by motor vehi- 12 cle, the ammunition, magazine, or feeding de- 13 vice is not directly accessible from the pas- 14 senger compartment of the vehicle, and, if the 15 vehicle is without a compartment separate from 16 the passenger compartment, the ammunition, 17 magazine, or feeding device is in a locked con- 18 tainer other than the glove compartment or 19 console; or 20 ‘‘(B) if the transportation is by other 21 means, the ammunition, magazine, or feeding 22 device is in a locked container. 23 ‘‘(b) In subsection (a), the term ‘transport’ includes 24 staying in temporary lodging overnight, stopping for food, 25 VerDate Sep 11 2014 22:12 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H168.IH H168 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 168 IH fuel, vehicle maintenance, an emergency, medical treat- 1 ment, and any other activity incidental to the transport, 2 but does not include transportation— 3 ‘‘(1) with the intent to commit a crime punish- 4 able by imprisonment for a term exceeding one year 5 that involves the use or threatened use of force 6 against another; or 7 ‘‘(2) with knowledge, or reasonable cause to be- 8 lieve, that such a crime is to be committed in the 9 course of, or arising from, the transportation. 10 ‘‘(c)(1) A person who is transporting a firearm, am- 11 munition, magazine, or feeding device may not be arrested 12 or otherwise detained for violation of any law or any rule 13 or regulation of a State or any political subdivision thereof 14 related solely to the possession, transportation, or carrying 15 of firearms, ammunition, magazine, or feeding device un- 16 less there is probable cause to believe that the person is 17 doing so in a manner not provided for in subsection (a). 18 ‘‘(2) When a person asserts this section as a defense 19 in a criminal proceeding, the prosecution shall bear the 20 burden of proving, beyond a reasonable doubt, that the 21 conduct of the person did not satisfy the conditions set 22 forth in subsection (a). 23 ‘‘(3) When a person successfully asserts this section 24 as a defense in a criminal proceeding, the court shall 25 VerDate Sep 11 2014 22:12 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H168.IH H168 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 168 IH award the prevailing defendant a reasonable attorney’s 1 fee. 2 ‘‘(d)(1) A person who is deprived of any right, privi- 3 lege, or immunity secured by this section, section 926B 4 or 926C, under color of any statute, ordinance, regulation, 5 custom, or usage of any State or any political subdivision 6 thereof, may bring an action in any appropriate court 7 against any other person, including a State or political 8 subdivision thereof, who causes the person to be subject 9 to the deprivation, for damages and other appropriate re- 10 lief. 11 ‘‘(2) The court shall award a plaintiff prevailing in 12 an action brought under paragraph (1) damages and such 13 other relief as the court deems appropriate, including a 14 reasonable attorney’s fee.’’. 15 (b) CLERICAL AMENDMENT.—The table of sections 16 for such chapter is amended in the item relating to section 17 926A by striking ‘‘firearms’’ and inserting ‘‘firearms or 18 ammunition’’. 19 Æ VerDate Sep 11 2014 22:12 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H168.IH H168 kjohnson on DSK79L0C42PROD with BILLS