Ass’n of NJ Rifle & Pistol Clubs, Inc. v.Port Auth. of NY & NJ

The 3rd Circuit has narrowly construed a federal statute permitting interstate transportation of firearms so long as the gun is not accessible from the passenger compartment, or is a locked box and one is bound to and from states  where possession is lawful.  The New Jersey NRA affiliate's claim that its non-resident members civil rights were violated by the state law is rejected.  - GWC
Ass’n of NJ Rifle & Pistol Clubs, Inc. v.Port Auth. of NY & NJ

The Association of New Jersey Rifle and Pistol Clubs alleged that the Port Authority enforced state gun laws against its non-resident members at Newark Airport. The district court held that 18 U.S.C. 926A does not create a right enforceable under 42 U.S.C. 1983.  The Third Circuit affirmed, holding that, in enacting the amended section 926A, Congress did not intend to confer the right upon the plaintiff. Section 926A confers protection upon those who wish to engage in the interstate transportation of firearms: Notwithstanding any other … law … any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm 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 if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle…. The court concluded that Congress did not intend the amended section 926A to benefit those who wish to transport firearms outside of vehicles.