Us Congress 2023-2024 Regular Session

Us Congress House Bill HB168 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 168
5	5	To amend chapter 44 of title 18, United States Code, to more comprehensively
6	6	address the interstate transportation of firearms or ammunition.
7	7	IN THE HOUSE OF REPRESENTATIVES
8	8	JANUARY9, 2023
9	9	Mr. G
10	10	RIFFITHintroduced the following bill; which was referred to the
11	11	Committee on the Judiciary
12	12	A BILL
13	13	To amend chapter 44 of title 18, United States Code, to
14	14	more comprehensively address the interstate transpor-
15	15	tation of firearms or ammunition.
16	16	Be it enacted by the Senate and House of Representa-1
17	17	tives of the United States of America in Congress assembled, 2
18	18	SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS 3
19	19	OR AMMUNITION. 4
20	20	(a) I
21	21	NGENERAL.—Section 926A of title 18, United 5
22	22	States Code, is amended to read as follows: 6
23	23	VerDate Sep 11 2014 22:12 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H168.IH H168
24	24	kjohnson on DSK79L0C42PROD with BILLS 2
25	25	•HR 168 IH
26	26	‘‘§ 926A. Interstate transportation of firearms or am-1
27	27	munition 2
28	28	‘‘(a) Notwithstanding any provision of any law, rule, 3
29	29	or regulation of a State or any political subdivision there-4
30	30	of: 5
31	31	‘‘(1) A person who is not prohibited by this 6
32	32	chapter from possessing, transporting, shipping, or 7
33	33	receiving a firearm or ammunition shall be entitled 8
34	34	to transport a firearm for any lawful purpose from 9
35	35	any place where the person may lawfully possess, 10
36	36	carry, or transport the firearm to any other such 11
37	37	place if, during the transportation, the firearm is 12
38	38	unloaded, and— 13
39	39	‘‘(A) if the transportation is by motor vehi-14
40	40	cle, the firearm is not directly accessible from 15
41	41	the passenger compartment of the vehicle, and, 16
42	42	if the vehicle is without a compartment separate 17
43	43	from the passenger compartment, the firearm is 18
44	44	in a locked container other than the glove com-19
45	45	partment or console, or is secured by a secure 20
46	46	gun storage or safety device; or 21
47	47	‘‘(B) if the transportation is by other 22
48	48	means, the firearm is in a locked container or 23
49	49	secured by a secure gun storage or safety de-24
50	50	vice. 25
51	51	VerDate Sep 11 2014 22:12 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H168.IH H168
52	52	kjohnson on DSK79L0C42PROD with BILLS 3
53	53	•HR 168 IH
54	54	‘‘(2) A person who is not prohibited by this 1
55	55	chapter from possessing, transporting, shipping, or 2
56	56	receiving a firearm or ammunition shall be entitled 3
57	57	to transport ammunition, or any detachable maga-4
58	58	zine or feeding device for ammunition, for any lawful 5
59	59	purpose from any place where the person may law-6
60	60	fully possess, carry, or transport the ammunition, 7
61	61	magazine, or feeding device to any other such place 8
62	62	if, during the transportation, the ammunition, maga-9
63	63	zine, or feeding device is not loaded into a firearm, 10
64	64	and— 11
65	65	‘‘(A) if the transportation is by motor vehi-12
66	66	cle, the ammunition, magazine, or feeding de-13
67	67	vice is not directly accessible from the pas-14
68	68	senger compartment of the vehicle, and, if the 15
69	69	vehicle is without a compartment separate from 16
70	70	the passenger compartment, the ammunition, 17
71	71	magazine, or feeding device is in a locked con-18
72	72	tainer other than the glove compartment or 19
73	73	console; or 20
74	74	‘‘(B) if the transportation is by other 21
75	75	means, the ammunition, magazine, or feeding 22
76	76	device is in a locked container. 23
77	77	‘‘(b) In subsection (a), the term ‘transport’ includes 24
78	78	staying in temporary lodging overnight, stopping for food, 25
79	79	VerDate Sep 11 2014 22:12 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H168.IH H168
80	80	kjohnson on DSK79L0C42PROD with BILLS 4
81	81	•HR 168 IH
82	82	fuel, vehicle maintenance, an emergency, medical treat-1
83	83	ment, and any other activity incidental to the transport, 2
84	84	but does not include transportation— 3
85	85	‘‘(1) with the intent to commit a crime punish-4
86	86	able by imprisonment for a term exceeding one year 5
87	87	that involves the use or threatened use of force 6
88	88	against another; or 7
89	89	‘‘(2) with knowledge, or reasonable cause to be-8
90	90	lieve, that such a crime is to be committed in the 9
91	91	course of, or arising from, the transportation. 10
92	92	‘‘(c)(1) A person who is transporting a firearm, am-11
93	93	munition, magazine, or feeding device may not be arrested 12
94	94	or otherwise detained for violation of any law or any rule 13
95	95	or regulation of a State or any political subdivision thereof 14
96	96	related solely to the possession, transportation, or carrying 15
97	97	of firearms, ammunition, magazine, or feeding device un-16
98	98	less there is probable cause to believe that the person is 17
99	99	doing so in a manner not provided for in subsection (a). 18
100	100	‘‘(2) When a person asserts this section as a defense 19
101	101	in a criminal proceeding, the prosecution shall bear the 20
102	102	burden of proving, beyond a reasonable doubt, that the 21
103	103	conduct of the person did not satisfy the conditions set 22
104	104	forth in subsection (a). 23
105	105	‘‘(3) When a person successfully asserts this section 24
106	106	as a defense in a criminal proceeding, the court shall 25
107	107	VerDate Sep 11 2014 22:12 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H168.IH H168
108	108	kjohnson on DSK79L0C42PROD with BILLS 5
109	109	•HR 168 IH
110	110	award the prevailing defendant a reasonable attorney’s 1
111	111	fee. 2
112	112	‘‘(d)(1) A person who is deprived of any right, privi-3
113	113	lege, or immunity secured by this section, section 926B 4
114	114	or 926C, under color of any statute, ordinance, regulation, 5
115	115	custom, or usage of any State or any political subdivision 6
116	116	thereof, may bring an action in any appropriate court 7
117	117	against any other person, including a State or political 8
118	118	subdivision thereof, who causes the person to be subject 9
119	119	to the deprivation, for damages and other appropriate re-10
120	120	lief. 11
121	121	‘‘(2) The court shall award a plaintiff prevailing in 12
122	122	an action brought under paragraph (1) damages and such 13
123	123	other relief as the court deems appropriate, including a 14
124	124	reasonable attorney’s fee.’’. 15
125	125	(b) C
126	126	LERICALAMENDMENT.—The table of sections 16
127	127	for such chapter is amended in the item relating to section 17
128	128	926A by striking ‘‘firearms’’ and inserting ‘‘firearms or 18
129	129	ammunition’’. 19
130	130	Æ
131	131	VerDate Sep 11 2014 22:12 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H168.IH H168
132	132	kjohnson on DSK79L0C42PROD with BILLS