18 USC 926A:
FOPA Transport Through California

18 U.S.C. Section 926A^[1], enacted as part of the Firearms Owners' Protection Act of 1986, provides a federal safe passage for persons transporting firearms through states where the firearm might otherwise be illegal. Subject to its transport conditions, the statute entitles a person who is not otherwise prohibited by federal firearms law from transporting, shipping, or receiving a firearm to transport it "for any lawful purpose 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."

Federal Requirements

To qualify for FOPA safe passage protection, the traveler must meet all of the following conditions:

• The firearm must be legal at both the origin and destination
• The firearm must be unloaded during transport
• The firearm must not be readily accessible from the passenger compartment (in vehicles without a trunk, it must be in a locked container other than the glove compartment or console)
• Ammunition must not be readily accessible or directly accessible from the passenger compartment. In a vehicle without a separate compartment, it must be in a locked container other than the glove compartment or console
• During transportation, neither the firearm nor ammunition may be readily accessible or directly accessible from the vehicle passenger compartment. In Revell, protection did not apply because the firearm and ammunition were readily accessible during an overnight hotel stay

The California Problem

California presents unique challenges for travelers relying on FOPA:

• Assault weapons: Firearms that are legal in most other states may qualify as assault weapons under California's broad characteristics test (Penal Code Section 30515). FOPA does not protect against California's assault weapon possession laws if the traveler stops beyond what is reasonable for continuous transit.
• Large-capacity magazines: California generally prohibits importing or possessing large-capacity magazines under Penal Code Section 32310, subject to statutory exceptions. Section 16740 defines these as ammunition feeding devices that accept more than 10 rounds, excluding permanently altered devices that cannot accept more than 10 rounds, .22 caliber tube feeding devices, and tubular magazines in lever-action firearms. A traveler passing through with standard-capacity magazines faces significant legal risk.
• Ammunition restrictions: California's ammunition purchase regulations do not directly affect transit, but travelers should not attempt to purchase ammunition while passing through.
• Enforcement practice: FOPA provides an affirmative defense, not immunity from arrest. California law enforcement officers may not be familiar with the federal safe passage provision, and a traveler could face arrest, vehicle impoundment, and firearm seizure before being able to assert the defense in court.

Practical Recommendations

Travelers transporting firearms through California should keep all firearms unloaded and locked in the trunk or a locked container in the rearmost area of the vehicle, keep ammunition in a separate locked container, carry documentation showing lawful ownership at origin and destination, avoid unnecessary stops in California beyond fuel and rest, and never remove the firearm from its locked container while in the state. In Revell v. Port Authority of New York and New Jersey^[2], the Third Circuit held that FOPA did not protect a traveler whose firearm and ammunition were accessible during an overnight hotel stay. The court did not decide how FOPA protection would affect probable cause to arrest a traveler who satisfied its requirements.

See also: FOPA Safe Passage: Theory vs Practice in California