Comment on FR Doc # 2026-08917
Stanley GardnerSupportIndividual
Summary: The commenter supports the proposed rule as a necessary modernization of regulations regarding firearm transport and common carriers. They specifically advocate for "safe-harbor" language to protect travelers from prosecution if they regain possession of a checked firearm due to travel interruptions like flight cancellations or diversions.
I respectfully support the proposed rule clarifying delivery to a common or contract carrier when transporting firearms. The proposal is an important and necessary modernization of outdated regulatory interpretations that no longer reflect how Americans travel today.
The final rule should clearly state that lawful possession and direct control of a firearm by a traveler does not constitute “delivery” to a common or contract carrier when traveling by rideshare, taxi, limousine, bus, subway, commuter rail, passenger train, charter aircraft, ferry, water taxi, passenger boat, or any similar transportation service where a person pays to be transported from one location to another.
Most importantly, the final rule should include explicit safe-harbor language for airline passengers whose travel is interrupted through no fault of their own.
A common real-world example is a lawful traveler flying from one state where firearm possession is lawful to another lawful destination, but whose connecting flight is diverted, cancelled, delayed overnight, or interrupted in a restrictive jurisdiction. If the airline returns checked baggage containing a properly declared and secured firearm to the passenger, that person should not face arrest, prosecution, seizure, or detention merely because they were forced to temporarily regain possession of their own checked firearm due to circumstances beyond their control.
The final rule should clearly deter state and local law-enforcement agencies from taking enforcement action against travelers in this situation when:
- the firearm was lawfully possessed at the point of origin;
- the firearm is lawful at the intended destination;
- the firearm was properly declared and transported according to applicable airline/TSA procedures;
- possession in the restrictive jurisdiction resulted only from a delay, cancellation, diversion, missed connection, baggage return, emergency, or other travel interruption;
- and the traveler is continuing onward as soon as reasonably possible.
A traveler should not lose federal protection simply because an airline cancels a flight, returns checked baggage, or strands the passenger overnight in a jurisdiction the traveler never intended to enter with a firearm.
The final rule should also protect temporary possession during ordinary travel interruptions, including hotel stays, rebooking, weather delays, mechanical breakdowns, medical emergencies, missed connections, and overnight layovers.
Federal law should protect good-faith travelers, not allow state or local authorities to turn airline disruptions into accidental criminal liability.
Thank you for the opportunity to comment on this proposed rule.