II 111th CONGRESS 1st Session S. 1638 IN THE SENATE OF THE UNITED STATES August 6, 2009 Mr. Wicker (for himself, Mr. Brownback, Mr. Coburn, Mr. DeMint, Mr. Ensign, and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To permit Amtrak passengers to safely transport firearms and ammunition in their checked baggage.

1.

Short title

This Act may be cited as the Amtrak Secure Transportation of Firearms Act.

2.

Findings

Congress makes the following findings: (1)The Second Amendment to the Constitution of the United States provides that the right of the people to keep and bear Arms, shall not be infringed. (2)The Supreme Court of the United States ruled, in District of Columbia v. Heller, that the Second Amendment protects an individual right to possess a firearm . . . and to use that arm for traditionally lawful purposes. (3)At one time, Amtrak accepted firearms in secure checked baggage. (4)While airline passengers may transport firearms and ammunition in secure checked baggage when declared during the check-in process, Amtrak passengers are not permitted to transport firearms and ammunition in secure checked baggage. (5)Law-abiding gun owners should not be penalized for seeking alternative means of travel, particularly on a federally subsidized rail line. (6)Congress needs to ensure that Amtrak does not override the Second Amendment rights of law-abiding citizens.

3.

Secure transportation of firearms on passenger trains

Section 24305 of title 49, United States Code, is amended by adding at the end the following: (g)

Secure transportation of firearms

If an Amtrak station accepts checked baggage for a specific Amtrak route, an Amtrak passenger holding a ticket for such route shall be allowed to place an unloaded firearm or starter pistol in a checked bag on such route if— (1)before checking the bag or boarding the train, the passenger declares to Amtrak, either orally or in writing, that the firearm is in his or her bag and is unloaded; (2)the firearm is carried in a hard-sided container; (3)such container is locked; and (4)only the passenger has the key or combination for such container. (h)

Small arms ammunition

An Amtrak passenger shall be allowed to place small arms ammunition for personal use in a checked bag on an Amtrak route if the ammunition is securely packed— (1)in fiber, wood, or metal boxes; or (2)in other packaging specifically designed to carry small amounts of ammunition. (i)

Applicability

Subsections (g) and (h) shall not apply in any fiscal year in which Amtrak does not receive Federal financial assistance. .