Senator Daines Introduces FOPA Improvement for Travelers

Senator Daines Introduces FOPA Improvement for Travelers
Senator Daines Introduces FOPA Improvement for Travelers

United States – -(AmmoLand.com)- While a lot of talk has been about anti-Second Amendment legislation being introduced – notably in Virginia – there are legislative efforts being made to improve the situation when it comes to respecting the Second Amendment. One of the most recent is by Senator Steve Daines (R-MT).

Senator Daines has introduced the Lawful Interstate Transportation of Firearms Act of 2019, which is co-sponsored by Senators Ted Cruz (R-TX), Mike Rounds (R-SD), Mike Crapo (R-ID), and James Lankford (R-OK). This legislation improves a provision from the 1986 Firearms Owners Protection Act governing the interstate transport of firearms that is currently known as 18 USC 926A.

“This is about protecting law abiding gun owners and their right to safely transport their firearms,” Daines said in a release, “Montanans want their 2nd Amendment rights protected and that’s what I’m fighting for.”

The new legislation would replace the current language of the law with new language prevent states run by regimes known to be hostile to the Second Amendment from prosecuting gun owners who might make any stop travelers would normally make – either staying at a hotel, buying a meal, getting gas, getting your car fixed, seeking medical attention, or any other emergency.

Put it this way, imagine your car had a flat tire in Illinois while driving from Louisiana to Wisconsin for a hunting trip. You call AAA for a tow. Under current law, if you run into the wrong cop or are in the wrong local jurisdiction, you risk being arrested and prosecuted for violating the licensing law in Illinois.

Just look at the cases of Meg Fellenbaum and Shaneen Allen in New Jersey to see two of the lucky people in those cases. These days, many of the states with restrictions that seem to be used more often to catch out-of-state gun owners than prosecuting violent criminals do not have governors willing to pardon people who never should have been arrested in the first place.

In addition, the law would require probable cause before local law enforcement could make an arrest, places the burden of proof on the state, and allows for a recovery of attorney’s fees in a criminal proceeding. The law also provides for the pursuit of civil litigation for those who are arrested in violation of the provisions of not only 18 USC 926A, but also 18 USC 926B and 18 USC 926C, and successful cases could see attorney’s fees awarded.

The National Rifle Association’s Institute for Legislative Action has come out in support of this legislation, with NRA-ILA Executive Director Jason Ouimet saying, “Law-abiding Americans traveling with unloaded, secured firearms have continually been harassed with malicious arrests and prosecutions when traveling through anti-gun jurisdictions. Senator Daines’ legislation ensures such outrageous actions will no longer be tolerated under the law. On behalf of the NRA’s five million members, we thank Senator Daines for having the legislative courage to stand and fight against local bullies who were hoping to suppress our Second Amendment rights.”

Ideally, we would not need a law like the one Senator Daines is proposing, because the Second Amendment would be respected across the country. Unfortunately, these days, with the likes of Andrew Cuomo, Ralph Northam, and Pat Murphy, this sort of clarification with teeth is necessary. Loyal Ammoland readers are encouraged to contact their Senators and Representative to politely urge them to support this legislation. It is not perfect, but it is a huge step in the right direction.

 


Harold Hu, chison

About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.

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Grigori

Okay, this was a good article, Harold!!!! Please keep it going!

Maybe Harold didn’t need to be fired, just rehabilitated.

Will Flatt

That was my actual aim. I see he has the intellect to write as well as David Codrea or any of the other big names in the 2A community, he just needed the motivation to take his game to the next level! NOW, let’s see how he does!

Will Flatt

FINALLY a fair & balanced article from Harold after many months of douchebaggery! It seems the little hiatus he took from writing has done him a LOT of good!!

Note to Harold: ONE good article does not automatically absolve you of many years of bad articles. We will be watching carefully to insure you do not backslide, and the petition will not be deleted just in case. IF you behave, you will not get any more backlash from the several dozens of readers who have already signed the petition.

moe mensale

You’re still threatening Harold with that stupid “removal” petition of yours? So I guess freedom of speech only exists for you – and the 3 dozen morons who signed the petition – when you agree with the other guy. You might as well just officially join the commies and socialists who want to transform the US. It sounds like you and your 3 dozen morons will fit right in with them.

Intolerance – it’s no longer a left thing anymore. Bless your heart.

Will Flatt

@Moe, Harold is FREE to go any other place he wants IF he reverts to his old form. Publishers do not have a requirement to publish anyone or everyone that comes to them; Harold can take his act ANYWHERE. You clearly lack the basic education to understand the purpose of petitions, and that is to create change!! The object is REFORM, either of Harold (preferred) or of the publisher had Harold obstinately refused to do quality writing. I would rather Harold write QUALITY articles every 2-3 days than crap every day!! If he keeps consistently writing like this, I’ll be… Read more »

Ansel Hazen

Moe, Harold is just a 5th columnist paid by those who have a vested interest in keeping up the appearance of fighting for our rights. You support attacking the rhetoric of gunsnatchers don’t you? Harold is little different.

Will Flatt

Yes, reform is the goal. Now we need to edumacate moe mensale. He apparently doesn’t grasp the concept of a free press and believes that publishers are required to publish someone and have no choice to drop a writer once that writer’s been accepted. He doesn’t grasp the concept of free agency. And he thinks that a boycott is to silence people the way the commietards do, not to effect changes in decision-making. When I see stinkin’ thinkin’, I presume they learned it from leftists. He needs some un-learning.

Vanns40

Nice but with a Democrat House, not a chance of passing.

Charlie Foxtrot

Exactly, this is election year grand standing, nothing more.

Charlie Foxtrot

Interesting to see the negative votes for my comment without commenting on as to why, certainly by people that absolutely have no clue about what is really going on here. Cheer on gun owners as you will be promised a lot in 2020, delivered nothing, and sold down the river again after the election. LOL

Xaun Loc

This bill isn’t meant to pass. It won’t even come up for a vote in the House and may not pass in the Senate. The entire point of the bill is so the sponsor and co-sponsors can all go campaigning and say “I tried, but those Democrats stopped it” Where were all these Staunch Supporters Of The Second Amendment back in 2017 and 2018 when a bill like this could (and should) have passed easily in both houses of Congress? From a gun owners’ perspective, the problem is that Democrats are actively anti-RKBA, but Republicans as NOT actively pro-RKBA. The… Read more »

Ansel Hazen

We need to make shit roll down hill. Trump wants to win in 2020. He can’t do it without us. Time to put his feet to the fire.

ras52

Thank you Steve Daines !

KK

HEY – IT DOES ME NO GOOD TO BE TRAVELING WITH AN “UNLOADED SECURED FIREARM”! Break down – do you leave your firearm “unloaded and secured” and risk the bad guys coming by? – or do you load it and stick it in your belt and risk the police state gestapo coming by? WE NEED CONCEALED CARRY RECIPROCITY! (This is a sham – they got it done for law enforcement officers crossing state lines didn’t they?) The right of government enforcement officers, active and retired, to keep and bear arms shall not be infringed! EVERYONE ELSE – FORGET IT! The… Read more »

Grigori

Our lord and saviour DJT seems to have completely forgotten about CWP Reciprocity, one of those many things he loved to mention at rallies and then bask as the crowd cheered wildly. I recall reading an unconfirmed story that as he was busy folding and caving following the epic Government shutdown, Mitch McConnell asked him about running the reciprocity bill through and Trumpstein waved him off, saying “not now” or similar.

But hey, we sure got us a bumpstock ban now!!!!

TheRevelator

@wjd
Donald Trump blamed himself for that when he chose to take sole credit for it. I have cited, posted, and given the time in the video where he was giving a press conference in which he not only said so, was bragging about it.

Firearms and the Second Amendment are not something he cares about. DJT cares about Trade, the Military, and defending against outside attacks. That is pretty much it, the rest ends up being lip service. Anything outside of those goes into his process of cutting deals.

Lets stick to evidence based facts here.

Charlie Foxtrot

It is pretty well understood that the DOJ wrote the bump stock ban at the behest of President Trump, not the ATF. The DOJ and ATF are still defending the bump stock ban in the courts today!

Presidential Memorandum on the Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices:
https://www.whitehouse.gov/presidential-actions/presidential-memorandum-application-definition-machinegun-bump-fire-stocks-similar-devices/

Charlie Foxtrot

There is ample of evidence of President Trump bragging about banning bump stocks: https://www.reuters.com/article/us-usa-guns-bumpstocks/trump-says-close-to-finalizing-effective-ban-on-gun-bump-stocks-idUSKCN1MB3C3

“We’re knocking out bump stocks,” Trump said at a White House news conference. “We’re in the final two or three weeks, and I’ll be able to write out bump stocks.”

TheRevelator

@wjd As Charlie Foxtrot came back and told you, Donald Trump came out and said “I have instructed the ATF to come up with a ban on Bumpstocks”. He said it. There is no defending or chance to say that he didn’t. That was a separate incident from the quote you provided. Whether you like it or not DJT is the Commander in Chief, he is the head of the executive branch, and that means the ATF answers to him. The ATF does not have authority in the executive branch to do whatever it wants, it operates on the orders… Read more »

TheRevelator

@wjd Except he did. He came out and said he ordered it, he continued to push for it, he is having the DOJ defend it. So yes, we do oppose his doing that. Now I’m sure we also share the same common denominator that we blame Obama for campaigning on a lie of “If you like your doctor…” for years, when we have evidence that emails were sent in the Whitehouse in 2009 acknowledging that if Obamacare went through people were going to lose their plans, and lose their doctors. Know what both had in common? Evidence. Evidence proves fact,… Read more »

Grigori

Will, you are the classic definition of “a Trumptard”. “I don’t care about facts. Donald John Trump is my lord and saviour and if I say he is infallible then he is infallible. I’m sticking my fingers in my ears and I don’t want to hear your stupid old facts. Nyaa, nyas, nyaa, nyaa…”

TheRevelator

@Grigori
No need to get nasty about it unless Will takes it there. It’s his choice to believe what he wants, but just because he believes it doesn’t make his opinion over rule fact.

It certainly doesn’t stop us from presenting the evidence anytime the subject comes up, which is what we should do no matter who is the center of discussion. Call balls and strikes.

Finnky

@Rev – Thank you for your call for civility. We need to remember that we’re all on the same team in fight to retain our rights – and need to work like a team. Everybody is welcome to disagree and provide arguments for their own opinions. Then welcome to agree to disagree and move on. So long as we work together to preserve our freedoms!

TheRevelator

@Finnky It is the same message I have always advocated. I practice what I preach. The only time you will really see me get hostile towards someone is 1. If they are trying to violate the rights of others or cause deliberate harm, or 2. If they are deliberately and intentionally attempting to spread a lie after being called on it, or practicing hypocrisy. Outside of those occasions, I’m quite easy to get along with as I don’t want to mess with anyone’s rights, and I wont tolerate messing with mine. As long as all parties understand that, welcome to… Read more »

TheRevelator

@wjd
As your opinion also has nothing to do with facts, which is why that video of Trumps Conference means no matter how much you want to absolve him for the bump stock issue, your opinion doesn’t have the authority to do so.

So why bring up a strawman argument over the death of a terrorist. Trump was right to do that. Just because we call him out for what he does wrong does not mean we don’t also recognize things he does right. So why try to create a lie?

Ansel Hazen

I personally would never own one of the things either but I understand all to well that slippery slope of the potential of this snowballing beyond BumpStocks. That said what REALLY galls me is National Reciprocity was left to die after being passed in the House and sent to the Senate where it would have passed. Trump seems to be able to make phone calls when he wants to get something done so why didn’t the Turtle get the call on National Reciprocity? Sure, maybe we will see GOA get the Ban overturned but they shouldn’t have to. Trump should… Read more »

TheRevelator

@Ansel Hazen
Hope you are ready for hate mail then. The Trump or nothing crowd, who would turn a blind eye if trump signs a red flag law and claim it was somebody elses fault, hate seeing people make an individual choice like that more than anything else in the world.

Ansel Hazen

Walking into the den of vipers tomorrow night. I’ve been invited to “Leadership Training”. for my county’s GOP.

Should be interesting when they get where I’m coming from.

TheRevelator

@Ansel Hazen
Good luck tonight. Hope you walk in there with a pocket constitution and lower the boom, so to speak.

Already don’t have to say I told you so. 🙂

Ansel Hazen

As an answer to all who have chimed in here, it was a worthwhile event. Met some good people, planted a few seeds, had a very good talk with a prominent voice from Gun Owners of Maine. All of us have agreed to continue to work together.

TheRevelator

@Ansel Hazen
Thanks for the update. Wishing you the best of luck. If they were open to listening, hopefully that will continue.

TheRevelator

@wjd Except for the small problem that Donald Trump himself came out and declared that he ordered the ATF to do it. You can’t claim he had nothing to do with it. To do so at this point is a lie, plain and simple. Second, just because Ansel Hazen wont be voting for trump doesn’t mean he is voting for Bernie, Biden, or whoever the Democrats put up. You stated the other day you fully adhere to God’s law. Do not forget Commandment number nine. Don’t bear false witness against your neighbor. Now, there are some of us trying to… Read more »

Ansel Hazen

Thank you Rev. That puts it in the right light. I think of it as voting the 2A ticket.

Grigori

Will, Trump pushed this and pushed it HARD! Obama’s BATF was okay with bumpstocks. Trump’s BATF was okay with bumpstocks. TRUMPstein took it upon himself to push this through.

Grigori

Will, I blame both. Trump, whether (mis)led by the NRA or not, pushed it through. He promised multiple times while campaigning in 16 that he would “protect our Second Amendment”. With this bit of damnfoolery, he succeeded in doing more tangible damage to 2A in two years than Obama did in eight. What is sad, is if Obama had done this, many would rightly be raising Holy hell about it but since it is our “hero”, no big deal.

Finnky

@Grigori – Damage runs quite deep. Trump set precedent for future presidents to change any law to mean whatever they want, at any time. If we get a 2A supporting president, they could redefine machine gun to only include mounted long guns allowing us to buy glock 18s, submachine guns and maybe even full auto carbines – however it is far more likely that a future president would rewrite NFA so that possession of any semiauto manufactured after 1986 is a federal felony. Laws (not just gun law) can and will change overnight – the definition of tyranny and the… Read more »

Ansel Hazen

I am in agreement and would add spineless RINO’s alongside the NRA. As gun owners, defenders of the Republic and what it stands for, our task should be to make shit roll down hill. Starting with Trump.

Ansel Hazen

I’ve been investigated more thoroughly for my concealed permit than for a drivers license I have had for 47 years that lets me drive in all 50 states!!!

TheRevelator

@wjd
Except we shouldn’t need Reciprocity laws. The Second amendment is supposed to be that.

Reciprocity Laws, while good in theory, still legitimize an infringement of the government telling us they have authority to license us or not.

Finnky

@KK – don’t hold your breath. Republicans just pay lip service, and prefer to keep us guessing when they will let democrats infringe some more. That way collect more campaign contributions- which they pocket at retirement.

TheRevelator

@Finnky
Uncanny how the NRA leadership acted in the exact same way. Kind of makes you think doesn’t it? Well, at least for those who have tools to work with.

KDad

Great idea, but it will never make it past the 2nd Amendment-hating DemocRATs in the House.

Ryben Flynn

IIRC, Neww Jersey does not recognize LEOSA carry permits either. I’m surprised they let Federal Law Enforcement carry in New Jersey. Or do they?

Duke

You are incorrect! Different departments have been known to hassle gun-owners, not all! NJ does specify the type handgun & ammo a retired LEO is allowed to carry.

Heed the Call-up

Duke, how white of them.

RoyD

LOL! But true.

Ej harbet

About the only protection fopa has is our being protected from owning modern select fire weapons.or reasonably price old ones. May hughes burn in hells hottest place

Ryben Flynn

It was Charles Rangel (D) that passed the Amendment on a failed voice vote and refused to call for a vote. He ignored the “Nays” over the “Yeas”.
” Rep. Charles Rangel (D-N.Y.), at the time presiding as Chairman over the proceedings, claimed that the “amendment in the nature of a substitute, as amended, was agreed to.” However, after the voice vote on the Hughes Amendment, Rangel ignored a plea to take a recorded vote and moved on to Recorded Vote 74″

Wild Bill

@RF, Good info. Where can I read about this in more depth?

OldJarhead03

Good luck getting it passed. Politicians love incorporation when it suits their agenda, and ignore it when it does not. In theory, this should already cover it: “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State” (The Constitution, Article 4 Section 1).

Duke

Thank you NRA!

Charlie Foxtrot

For what exactly?