H.R.1290 - To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition.113th Congress (2013-2014)
Summary: H.R.1290 — 113th Congress (2013-2014)
Introduced in House (03/20/2013)
Amends provisions of the federal criminal code governing interstate transportation of firearms or ammunition to require that whenever transported by any means other than a motor vehicle: (1) a firearm shall be in a locked container or secured by a secure gun storage or safety device, and (2) ammunition shall be in a locked container.
Excludes from permitted transport of a firearm or ammunition any transportation: (1) with the intent to commit a crime punishable by imprisonment for more than one year that involves the use or threatened use of force against another; or (2) with knowledge or reasonable cause to believe that such a crime is to be committed in the course of, or arising from, the transportation.
Prohibits the arrest or detention of a person for a violation of any state or local law or regulation related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for under federal law. Provides that when a person asserts this as a defense in a criminal proceeding: (1) the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the person's conduct did not satisfy federal conditions; and (2) the court shall award the prevailing defendant a reasonable attorney's fee.
Authorizes a private right of action (and attorney fees) for deprivation of any right, privilege or immunity secured by federal firearms provisions under color of any state or local law or regulation.