FOPA Safe Passage Through Massachusetts:
A Theory, Not a Shield

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

What FOPA Promises

The Firearms Owners' Protection Act, 18 U.S.C. Section 926A^[1], provides that a person not otherwise prohibited may transport an unloaded firearm from any place of lawful possession to any other place of lawful possession, provided the firearm and ammunition are not readily accessible from the passenger compartment (or in a locked container if no separate compartment exists). In practice, Massachusetts treats this federal protection as an affirmative defense that must be raised after arrest, not as immunity from prosecution.

The Hostile-State Reality

The definitive hostile-state interpretation comes from 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. Though this is Third Circuit precedent (not binding in the First Circuit), its reasoning is widely cited and no First Circuit case contradicts it.

Massachusetts Case Law

Massachusetts now has direct state-level case law on the "traveling through" question. In Commonwealth v. Marquis, 495 Mass. 434 (SJC-13562, decided March 11, 2025), the SJC reinstated charges against a New Hampshire resident who carried an unloaded pistol while commuting to his Massachusetts workplace via I-495. 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. Courts have held FOPA does not protect large capacity feeding devices banned under state law. Travelers carrying magazines over 10 rounds face significant legal risk even in full FOPA compliance otherwise.

The Logan Airport Problem

If a flight is diverted to Logan and a traveler retrieves checked baggage containing a properly stored firearm, they face immediate legal jeopardy under Massachusetts law. Per Revell, taking the firearm to a hotel terminates FOPA protection. No specific Massport or MSP policy addresses this scenario. TSA press releases document 28 firearms detected at Logan in 2022 and continued detections through 2025, with MSP consistently arresting or citing individuals. No published MSP policy on handling travelers claiming FOPA protection has been identified. GOAL notes that "Law enforcement at all levels has not been trained on these laws as of yet."

Safe Transit Guidelines

The NRA, GOAL, USCCA, and U.S. LawShield all warn travelers that FOPA provides no immunity from arrest. The safest practical guidance for I-90/I-95 travelers:

• Firearm completely unloaded in a locked case in the trunk
• 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: FOPA exists but functions as an affirmative defense, not immunity. Commuting to a Massachusetts workplace is not "traveling through" (Marquis). A diverted flight scenario at Logan creates immediate legal jeopardy.

Unsettled: First Circuit interpretation of FOPA's scope. 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.