Bill > S2532

Introduced Session

This bill clarifies the type of situations in which persons may deviate from their statutorily required course of travel when lawfully transporting a firearm. Under current law, certain persons in specific situations may lawfully transport a weapon without a permit to carry. A person who is lawfully transporting a firearm in a motor vehicle may deviate from the course of travel between statutorily permitted locations only to the extent "reasonably necessary" under the circumstances. The "reasonably necessary" standard applies to the following persons: (1) licensed firearms dealers and their registered employees during the normal course of business while traveling to and from their place of business and other places for the purpose of demonstration, exhibition, or delivery related to a sale; (2) firearms owners carrying their firearms on or between their place of business and residence or dwelling, or between where the firearm was purchased and the home or business, or between their business or residence and a repair shop; (3) members of authorized rifle and pistol clubs carrying a firearm to or from target practice; (4) licensed hunters or fishermen traveling directly to or from their hunting or fishing destination; and (5) persons traveling to a target range or other authorized place for practice, match, target, trap, or skeet shooting exhibitions. The Acting Attorney General recently issued guidelines to be followed by prosecutors and law enforcement officers when determining whether a deviation in the course of travel with a lawfully-possessed firearm is "reasonably necessary." The guidelines provided examples of "reasonably necessary" deviations which may include: collecting and discharging passengers; purchasing fuel, food and beverages, medication, or other needed supplies; using a restroom; contending with an emergency situation; or driving around a traffic jam. This bill amends current law to replace the "reasonably necessary" standard with a less stringent reasonableness standard which allows persons lawfully transporting a firearm to deviate from their course of travel for a common, brief, and lawful purpose associated with reaching a statutorily permitted destination. The bill provides that reasonable deviations may include, but are not limited to, collecting and discharging passengers; obtaining supplies, medication, food or other provisions; and using restrooms prior to reaching an authorized destination. In addition, the bill clarifies that a person may travel with a firearm to contend with a bona fide emergency, or when a State or local emergency has been declared and an evacuation plan is in effect.

AI Summary

Committee Categories

Jean Stanfield (R)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 05/12/2022)

Official Document