S.Amdt. 3458

1. Adds SEC. ___. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION wherever appropriate

   Adds a section

   Inserted: SEC. ___. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.

   Inserted: (a) In General.--Section 926A of title 18, United States Code, is amended to read as follows:

   Inserted: "Sec. 926A. Interstate transportation of firearms or

   Inserted: ammunition

   Inserted: "(a) Definition.--In this section, 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.

   Inserted: "(b) Authorization.--Notwithstanding any provision of any law (including a rule or regulation) of a State or any political subdivision thereof, a person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to--

   Inserted: "(1) 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--

   Inserted: "(A) the firearm is unloaded; and

   Inserted: "(B)(i) if the transportation is by motor vehicle--

   Inserted: "(I) the firearm is not directly accessible from the passenger compartment of the motor vehicle; or

   Inserted: "(II) if the motor vehicle is without a compartment separate from the passenger compartment, the firearm is--

   Inserted: "(aa) in a locked container other than the glove compartment or console; or

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   Inserted: "(bb) secured by a secure gun storage or safety device; or

   Inserted: "(ii) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device; and

   Inserted: "(2) transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation--

   Inserted: "(A) the ammunition is not loaded into a firearm; and

   Inserted: "(B)(i) if the transportation is by motor vehicle--

   Inserted: "(I) the ammunition is not directly accessible from the passenger compartment of the motor vehicle; or

   Inserted: "(II) if the motor vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or

   Inserted: "(ii) if the transportation is by other means, the ammunition is in a locked container.

   Inserted: "(c) State Law.--

   Inserted: "(1) Arrest authority.--A person who is transporting a firearm or ammunition may not be--

   Inserted: "(A) arrested for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is probable cause to believe that the transportation is not in accordance with subsection (b); or

   Inserted: "(B) detained for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is reasonable suspicion that the transportation is not in accordance with subsection (b).

   Inserted: "(2) Prosecution.--

   Inserted: "(A) Burden of proof.--If a person asserts this section as a defense in a criminal proceeding, the government shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person was not in accordance with subsection (b).

   Inserted: "(B) Prevailing defendant.--If a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant reasonable attorney's fees.".

   Inserted: (b) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 926A and inserting the following:

   Inserted: "926A. Interstate transportation of firearms or ammunition.".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed