FOPA Safe Passage Through Massachusetts

I am driving through Massachusetts with a legally owned firearm from another state. Am I protected by federal law?

What FOPA Promises

FOPA's safe-passage provision, 18 U.S.C. Section 926A^[1], provides that a person not otherwise prohibited by federal law from transporting, shipping, or receiving a firearm may transport an unloaded firearm for any lawful purpose from any place where the person may lawfully possess and carry it to any other place where the person may lawfully possess and carry it, provided neither the firearm nor any ammunition is readily accessible or directly accessible from the passenger compartment (or, if the vehicle has no compartment separate from the driver's compartment, the firearm or ammunition is in a locked container other than the glove compartment or console).

The Hostile-State Reality

The Third Circuit addressed FOPA in Revell v. Port Authority of New York and New Jersey, 598 F.3d 128 (3d Cir. 2010). Gregg Revell, a Utah resident with a properly declared firearm in checked baggage, missed a connection at Newark, retrieved his luggage, and spent the night at a hotel. Port Authority Police arrested him. The Third Circuit held FOPA did not protect him because his firearm became "readily accessible" when he took it to the hotel. This is Third Circuit precedent, which does not bind the First Circuit.

Massachusetts Case Law

Massachusetts has state-level case law on nonresident firearm licensing and the right to travel. In Commonwealth v. Marquis, SJC-13562 (decided March 11, 2025), the SJC reversed a District Court order dismissing a firearm charge against a New Hampshire resident without a Massachusetts license who was found with a pistol after a crash on Interstate 495 while traveling to his Massachusetts workplace. The SJC held that he lacked standing to bring an as-applied challenge and that the nonresident licensing scheme is facially valid. EOPSS Guidance #4 explicitly cites Marquis: "Going to your workplace would not be 'traveling through the commonwealth.'"

Chapter 135^[2] added a specific state-law transit provision at MGL c. 140, Section 129C: a nonresident "may carry a firearm on their person while in a vehicle lawfully traveling through the commonwealth," provided the firearm remains in the vehicle and is stored per Section 131C when outside direct control. This supplements FOPA but imposes state-law conditions.

The Magazine Gap

FOPA's text covers only "firearm" and "ammunition," not magazines. Travelers carrying magazines that meet Massachusetts' definition of a large capacity feeding device face state-law possession and import restrictions under Section 131M, subject to its exceptions, even if they comply with FOPA's firearm-transport conditions.

The Logan Airport Problem

A traveler who retrieves a firearm at Logan can face a Massachusetts possession charge if the traveler lacks the required state license or exemption and Section 926A does not protect the transport. In Revell, FOPA did not protect the traveler because his firearm and ammunition were readily accessible during his hotel stay.

Safe Transit Guidelines

The safest practical guidance for I-90/I-95 travelers:

• Firearm completely unloaded in a locked case in the trunk
• If your vehicle has no trunk, a locked hard case kept out of reach. A locked glovebox or console does not satisfy 926A, even though Massachusetts storage law counts them as secured in an unoccupied vehicle
• Ammunition in a separate locked container
No magazines over 10 rounds
• No stops except gas and restrooms
• Scrupulous obedience of traffic laws
• No consent to searches

Bottom Line

Settled: Section 926A protects transport only when its conditions are met. In Revell, the court held that it did not protect the traveler because his firearm and ammunition were readily accessible during his hotel stay. EOPSS guidance states that commuting to a Massachusetts workplace is not "traveling through" (citing Marquis). A traveler diverted to Logan must keep the firearm and ammunition from becoming readily accessible to meet FOPA's transport conditions.

Whether the new Section 129C transit provision provides additional protection beyond FOPA for compliant travelers.

Do: Unloaded firearm in locked case in trunk, ammunition separately locked, no magazines over 10 rounds, no unnecessary stops, no consent to searches.