New ATF Rule May Finally Stop NY and NJ From Harassing Law-Abiding Travelers With Guns.
Since Congress enacted the Firearm Owners’ Protection Act of 1986, an American has enjoyed the right to travel with firearms “from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm,” provided he complies with the requirements of the relevant statue.
Well, at least he should have.
Some jurisdictions, mostly the Port Authority of New York and New Jersey, have continued to cause trouble for well-meaning gun owners attempting to travel with their firearms.
On February 7, 2025, President Donald Trump signed “Executive Order 14206 – Protecting Second Amendment Rights,” which tasked the U.S. Attorney General to . . .
…examine all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies (agencies) to assess any ongoing infringements of the Second Amendment rights of our citizens, and present a proposed plan of action to the President, through the Domestic Policy Advisor, to protect the Second Amendment rights of all Americans.
As part of that effort, on May 6, ATF posted a notice of proposed rulemaking “Clarifying Interstate Transportation of Firearms Under the Gun Control Act,” which reworks the federal regulation implementing 18 U.S.C. § 926A to better reflect Congress’s intent to provide broad protections to traveling gun owners.
The new regulation does this in part by making clear that activity incidental to travel is covered under FOPA’s protection. These include activities such as,
…staying in temporary lodging overnight, transiting between modes of transportation, stopping for food, fuel, vehicle maintenance, an emergency, or medical treatment, picking up or discharging passengers, moving a firearm at the beginning of a journey from a fixed address to a vehicle for transportation or at the end of a journey from a vehicle to a fixed address, and any other activity incidental to the original transportation.
Also to be covered under the rule is “presenting the firearm or ammunition for inspection when required by a common carrier, the Transportation Security Administration, or U.S. Customs and Border Protection.”
The rule also makes clear that transportation of ammunition, magazines, and other firearm components and accessories are covered under FOPA’s protection.
NRA’s comment supports the broad thrust of this rulemaking. It’s clear from the text of the rule that ATF has examined the problems that travelers through New York and New Jersey continue to experience and are seeking to alleviate them in line with Congress’ intent.




