FOPA and Magazines

[Regen]

What exactly does FOPA say about firearm accessaries? Let us say for example I live in a state that allows full capacity magazines, and I am traveling to a another state that allows full capacity magazines, but have to travel through a state that restricts magazines to 10 rounds.

Would FOPA protect me from prosecution, if I am stopped while transporting full capcity magazines, provided that the magazines were unloaded and locked in the trunk of my car?

 

[Trebor]

No. I would NOT rely on the FOPA as a defense if you bring magazines into a state where they are prohibited.

Yes, you *could* argue that you are covered under FOPA, but you'd likely have to make that argument before a judge or jury. I wouldn't want to try it myself.

 

[NavyLCDR]

The entirety of FOPA regarding interstate transportation is below. It states nothing about magazines, so I would guess you would have no defense. You can only carry a firearm that would be "illegal" according to a state law through that state under FOPA protection, but there is nothing to suggest that anything else would be protected.

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, 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: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.