New bill in Congress, H.R 131 “To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition.” Aimed at finally address the weakness that the Firearm Owners Protection Act has: Any State that wished could ignore the Safe Travel provision: If you are legal to own a gun and ammo where you live and you are legal to do the same where you are going, no State should arrest you because you don’t happen to be legal with their archaic gun laws. New York and New Jersey come to mind as pretty much a**hole states in this matter. The Gun Owner still must comply with specific ways to carry the firearm and ammunition while going through these badlands.
The bill includes this important 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, but does not include transportation.
You no longer have to try rush through the Garden State to go potty or pray to the gods your vehicle (or you) does not break down in the Garden State.
But the best is this:
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.''.
You get falsely arrested by a cop for having a gun in your vehicle, you can sue both the cop, the agency and the state. This is the same principle used with success in Florida against politicians that were ignoring the State Pre-emption law by passing local regulations and suddenly got religion when they realized they could be personally sued for their shenanigans.
Hat Tip to the NRA-ILA
This will also help the people flying across the Midwest (which is generally VERY gun Friendly) and getting re-directed to O’Hare Airport due to bad weather, which happens a LOT.
Finally, a dose of sanity. When public officials abuse out-of-staters with their stupid laws, they should be made to personally pay. If I had written this amendment, I would have added that convicted officials would be stripped of their retirement, barred from all future government employment, and incarcerated for 20 years. I’m in a good mood so these are my “lenient” recommendations.
I live in St. Louis, I wonder how long it will Illinios to catch up?
What are the chances this bill could slip by an Obama veto? Here’s hoping!
As a stand-alone? zero… maybe mixed with other stuff
[…] HR 131 makes it clear that law enforcement and municipalities can be sued for violations of FOPA. https://gunfreezone.net/ind…fangs-in-fopa/ From the article: A person who is deprived of any right, privilege, or immunity secured by this […]