18 USC §926A:
FOPA Interstate Transport Protection

18 U.S.C. Section 926A^[1], first enacted in the Firearms Owners' Protection Act of 1986 (FOPA) and re-enacted in its current form by Pub. L. 99-360 the same year, 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 traveler must not be prohibited from possessing or transporting firearms under federal law (18 U.S.C. 922(g), (n))
• 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
• The traveler must be able to lawfully possess and carry the firearm 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. The statute protects a person only "during such transportation" from one place where the firearm may lawfully be possessed and carried to another. It does not say whether an overnight stop or a stop for extended activities is covered, so such a stop may put the safe harbor at risk
• Do not deviate from your route to conduct firearms-related business

Massachusetts Enforcement Issues

Massachusetts has a documented history of inconsistent FOPA enforcement^[2]. FOPA's safe harbor covers only firearms and ammunition as federally defined. A large capacity magazine is neither, so Section 926A does not by its terms cover magazines that meet the Massachusetts definition of a large capacity feeding device. These include magazines holding more than ten rounds or five shotgun shells, subject to the exclusions in the statutory definition. Knowing possession without a valid license to carry is a Massachusetts felony unless a statutory exemption or exception applies (MGL c.269 §10(m)). Travelers should remove such magazines from any route that crosses Massachusetts.

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. The safest approach is to comply with both federal and Massachusetts transport requirements simultaneously.