{"id":117986,"date":"2026-07-23T00:19:53","date_gmt":"2026-07-23T05:19:53","guid":{"rendered":"https:\/\/milesfortis.com\/?p=117986"},"modified":"2026-07-23T00:20:19","modified_gmt":"2026-07-23T05:20:19","slug":"117986","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=117986","title":{"rendered":""},"content":{"rendered":"

New ATF Rule May Finally Stop NY and NJ From Harassing Law-Abiding Travelers With Guns.<\/a><\/p>\n

Since Congress enacted the\u00a0Firearm Owners\u2019 Protection Act<\/a>\u00a0of 1986, an American has enjoyed the right to travel with firearms \u201cfrom any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm,\u201d provided he complies with the requirements of\u00a0the relevant statue<\/a>.<\/p>\n

Well, at least he should have.<\/p>\n

Some jurisdictions, mostly the Port Authority of New York and New Jersey,\u00a0have continued to cause trouble<\/a>\u00a0for well-meaning gun owners attempting to travel with their firearms.<\/p>\n

On February 7, 2025, President Donald Trump signed \u201cExecutive Order 14206 \u2013 Protecting Second Amendment Rights<\/a>,\u201d which tasked the U.S. Attorney General to . . .<\/p>\n

\u2026examine all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies (agencies) to assess any ongoing infringements of the Second Amendment rights of our citizens, and present a proposed plan of action to the President, through the Domestic Policy Advisor, to protect the Second Amendment rights of all Americans.<\/em><\/p>\n

As part of that effort, on May 6, ATF posted a notice of proposed rulemaking \u201cClarifying Interstate Transportation of Firearms Under the Gun Control Act<\/a>,\u201d which reworks the federal regulation implementing\u00a018 U.S.C. \u00a7 926A<\/a>\u00a0to better reflect Congress\u2019s intent to provide broad protections to traveling gun owners.<\/p>\n

The new regulation does this in part by making clear that activity incidental to travel is covered under FOPA\u2019s protection. These include activities such as,<\/p>\n

\u2026staying in temporary lodging overnight, transiting between modes of transportation, stopping for food, fuel, vehicle maintenance, an emergency, or medical treatment, picking up or discharging passengers, moving a firearm at the beginning of a journey from a fixed address to a vehicle for transportation or at the end of a journey from a vehicle to a fixed address, and any other activity incidental to the original transportation.<\/em><\/p>\n

Also to be covered under the rule is \u201cpresenting the firearm or ammunition for inspection when required by a common carrier, the Transportation Security Administration, or U.S. Customs and Border Protection.\u201d<\/p>\n

The rule also makes clear that transportation of ammunition, magazines, and other firearm components and accessories are covered under FOPA\u2019s protection.<\/p>\n

NRA\u2019s comment supports the broad thrust of this rulemaking. It\u2019s clear from the text of the rule that ATF has examined the problems that travelers through New York and New Jersey\u00a0continue to experience<\/a>\u00a0and are seeking to alleviate them in line with Congress\u2019 intent.<\/p>\n

<\/p>\n

NRA\u2019s comment points out that addressing this northeastern corridor was a key concern for FOPA\u2019s drafters. In a 1979 floor statement introducing the first version of FOPA, sponsor Rep. Harold L. Volkmer (D-Mo.) explained . . .<\/p>\n

Problems have recently arisen due to local officials, particularly in New York City, interfering or threatening to interfere with the transportation of firearms through their jurisdictions. In a typical case, a person would be traveling from State A to State B on a hunting trip and would use one of the New York airports to make a connecting flight. Having his guns in his baggage, he is in violation of New York City\u2019s gun control laws, even though his possession of the firearms was perfectly legal in both his point of origin and his destination, and he was transporting them in accordance with Federal regulations.<\/em><\/p>\n

NRA also explains how ATF\u2019s travel rulemaking might be improved.<\/p>\n

As noted earlier, 18 U.S.C. \u00a7 926A protects a gun owner traveling \u201cfrom any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm.\u201d There\u2019s no language in the text of the statute stating that these two locations need be in separate states or that state lines must be crossed at some point in the contemplated transportation for the traveler to enjoy FOPA\u2019s protection.<\/p>\n

The law carries the title \u201cInterstate transportation of firearms,\u201d but the traditional rules of statutory interpretation advise against using a title\u00a0to limit the plain meaning of a statute\u2019s text<\/a>. NRA urges ATF to adopt an interpretation of 18 U.S.C. \u00a7 926A that protects intrastate as well as interstate travel.<\/p>\n

Given New York and New Jersey\u2019s longstanding and uniquely complicated record in dealing with those traveling with firearms, NRA also urges the Department of Justice Civil Rights Division Second Amendment Section to examine whether the Port Authority is adequately recognizing the federal right established in 18 U.S.C. \u00a7 926A.<\/p>\n

Civil rights law<\/a>\u00a0prohibits \u201ca pattern or practice of conduct by law enforcement officers\u2026 that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.\u201d<\/p>\n

As of press time, NRA\u2019s comment was still being processed by regulations.gov. It should be viewable within a few days.<\/p>\n

Moreover, we urge gun rights supporters to visit\u00a0regulations.gov<\/a>\u00a0to examine the proposed rule for themselves and submit a comment. Those with experience trying to navigate (or being forced to avoid) Port Authority facilities while traveling with firearms would have especially helpful input to provide.<\/p>\n","protected":false},"excerpt":{"rendered":"

New ATF Rule May Finally Stop NY and NJ From Harassing Law-Abiding Travelers With Guns. Since Congress enacted the\u00a0Firearm Owners\u2019 Protection Act\u00a0of 1986, an American has enjoyed the right to travel with firearms \u201cfrom any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-117986","post","type-post","status-publish","format-standard","hentry","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/117986","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=117986"}],"version-history":[{"count":2,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/117986\/revisions"}],"predecessor-version":[{"id":117988,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/117986\/revisions\/117988"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=117986"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=117986"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=117986"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}