[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 358 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 358

     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 6, 2017

Mr. Griffith (for himself, Mr. Palazzo, Mr. Babin, Mr. Duncan of South 
Carolina, Mr. Brooks of Alabama, Mr. Johnson of Ohio, Mr. Stewart, Mr. 
 Messer, Mr. Abraham, Mr. Tipton, Mr. Franks of Arizona, Mr. Lamborn, 
    Mr. Farenthold, Mr. Zeldin, Mr. Gibbs, Mr. Duffy, Mr. Kelly of 
     Pennsylvania, Mr. Long, Mr. Olson, Ms. Jenkins of Kansas, Mr. 
Hensarling, Mr. Sam Johnson of Texas, Mr. Young of Alaska, Mr. Jody B. 
  Hice of Georgia, and Mr. Roe of Tennessee) 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 transportation of firearms or 
                              ammunition.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.

    (a) In General.--Section 926A of title 18, United States Code, is 
amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or ammunition
    ``(a) Notwithstanding any provision of any law, rule, or regulation 
of a State or any political subdivision thereof:
            ``(1) A person who is not prohibited by this chapter from 
        possessing, transporting, shipping, or receiving a firearm or 
        ammunition shall be entitled to transport a firearm for any 
        lawful purpose from any place where the person may lawfully 
        possess, carry, or transport the firearm to any other such 
        place if, during the transportation, the firearm is unloaded, 
        and--
                    ``(A) if the transportation is by motor vehicle, 
                the firearm is not directly accessible from the 
                passenger compartment of the vehicle, and, if the 
                vehicle is without a compartment separate from the 
                passenger compartment, the firearm is in a locked 
                container other than the glove compartment or console, 
                or is secured by a secure gun storage or safety device; 
                or
                    ``(B) if the transportation is by other means, the 
                firearm is in a locked container or secured by a secure 
                gun storage or safety device.
            ``(2) A person who is not prohibited by this chapter from 
        possessing, transporting, shipping, or receiving a firearm or 
        ammunition shall be entitled to transport ammunition, or any 
        detachable magazine or feeding device for ammunition, for any 
        lawful purpose from any place where the person may lawfully 
        possess, carry, or transport the ammunition, magazine, or 
        feeding device to any other such place if, during the 
        transportation, the ammunition, magazine, or feeding device is 
        not loaded into a firearm, and--
                    ``(A) if the transportation is by motor vehicle, 
                the ammunition, magazine, or feeding device is not 
                directly accessible from the passenger compartment of 
                the vehicle, and, if the vehicle is without a 
                compartment separate from the passenger compartment, 
                the ammunition, magazine, or feeding device is in a 
                locked container other than the glove compartment or 
                console; or
                    ``(B) if the transportation is by other means, the 
                ammunition, magazine, or feeding device is in a locked 
                container.
    ``(b) In subsection (a), the term `transport' includes staying in 
temporary lodging overnight, stopping for food, fuel, vehicle 
maintenance, an emergency, medical treatment, and any other activity 
incidental to the transport, but does not include transportation--
            ``(1) with the intent to commit a crime punishable by 
        imprisonment for a term exceeding one year that involves the 
        use or threatened use of force against another; or
            ``(2) with knowledge, or reasonable cause to believe, that 
        such a crime is to be committed in the course of, or arising 
        from, the transportation.
    ``(c)(1) A person who is transporting a firearm, ammunition, 
magazine, or feeding device may not be arrested or otherwise detained 
for violation of any law or any rule or regulation of a State or any 
political subdivision thereof related solely to the possession, 
transportation, or carrying of firearms, ammunition, magazine, or 
feeding device unless there is probable cause to believe that the 
person is doing so in a manner not provided for in subsection (a).
    ``(2) When a person asserts this section as a defense in a criminal 
proceeding, the prosecution shall bear the burden of proving, beyond a 
reasonable doubt, that the conduct of the person did not satisfy the 
conditions set forth in subsection (a).
    ``(3) When a person successfully asserts this section as a defense 
in a criminal proceeding, the court shall award the prevailing 
defendant a reasonable attorney's fee.
    ``(d)(1) A person who is deprived of any right, privilege, or 
immunity secured by this section, section 926B or 926C, under color of 
any statute, ordinance, regulation, custom, or usage of any State or 
any political subdivision thereof, may bring an action in any 
appropriate court against any other person, including a State or 
political subdivision thereof, who causes the person to be subject to 
the deprivation, for damages and other appropriate relief.
    ``(2) The court shall award a plaintiff prevailing in an action 
brought under paragraph (1) damages and such other relief as the court 
deems appropriate, including a reasonable attorney's fee.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended in the item relating to section 926A by striking ``firearms'' 
and inserting ``firearms or ammunition''.
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