18 U.S.C. Section 926A[1], enacted as part of the Firearms Owners' Protection Act of 1986 (FOPA), establishes a federal safe harbor for the interstate transport of firearms. The provision protects individuals who are transporting firearms from one state where possession is lawful to another state where possession is lawful, provided they comply with specific transport requirements.
Transport Requirements
To qualify for FOPA protection under Section 926A, the person must satisfy all of the following conditions:
- The firearm must be unloaded
- Neither the firearm nor any ammunition may be readily accessible from the passenger compartment of the vehicle
- If the vehicle lacks a compartment separate from the passenger area (such as a trunk), the firearm and ammunition must be in a locked container other than the glove compartment or console
- Possession of the firearm must be lawful at both the origin and destination of the trip
Practical Tips for Transport Through Massachusetts
Firearms owners passing through Massachusetts should take additional precautions beyond the bare statutory minimum:
- Store firearms in a hard-sided, locked case in the trunk
- Store ammunition in a separate locked container
- Keep documentation of your lawful possession at origin and destination readily available (copies of out-of-state permits, registration documents)
- Do not make extended stops. FOPA protects "transport," not temporary residence or extended stays. A stop for fuel or food is generally acceptable, but stopping overnight or for extended activities may jeopardize the safe harbor
- Do not deviate from your route to conduct firearms-related business
Massachusetts Enforcement Issues
Massachusetts has a documented history of inconsistent FOPA enforcement[2]. Travelers have been arrested and charged despite apparent compliance with Section 926A, particularly when stopped for traffic violations and found to possess firearms that would be illegal under Massachusetts law (such as large capacity magazines). While FOPA provides an affirmative defense, asserting that defense may require posting bail and attending court hearings. The federal statute does not prevent an initial arrest; it provides a defense after the fact.
Interaction with Massachusetts Storage and Transport Laws
Massachusetts has its own transport requirements under MGL Chapter 140. For Massachusetts residents, state transport law applies directly. FOPA Section 926A is primarily relevant to non-residents passing through the Commonwealth. However, even non-residents should be aware that Massachusetts law enforcement may apply state standards first and require the traveler to assert the federal defense. The safest approach is to comply with both federal and Massachusetts transport requirements simultaneously.