Sec. 159 of HR3288 (emphasis added):
SEC. 159. (a) AMTRAK SECURITY EVALUATION.—No later than 180 days after the enactment of this Act, Amtrak, in consultation with the Assistant Secretary of Homeland Security (Transportation Security Administration), shall submit a report to Congress that contains—
(1) a comprehensive, system-wide, security evaluation; and
(2) proposed guidance and procedures necessary to implement a new checked firearms program.
(b) DEVELOPEMENT AND IMPLEMENTATION OF GUIDANCE AND PROCEDURES.—
(1) IN GENERAL.—Not later than one year after the enactment of this Act, Amtrak, in consultation with the Assistant Secretary, shall develop and implement guidance and procedures to carry out the duties and responsibilities of firearm storage and carriage in checked baggage cars and at Amtrak stations that accept checked baggage.
(2) SCOPE.—The guidance and procedures developed under paragraph (1) shall—
(A) permit Amtrak passengers holding a ticket for a specific Amtrak route to place an unloaded firearm or starter pistol in a checked bag on such route if—
(i) the Amtrak station accepts checked baggage for such route;
(ii) the passenger declares to Amtrak, either orally or in writing, at the time the reservation is made or not later than 24 hours before departure, that the firearm will be placed in his or her bag and will be unloaded;
(iii) the firearm is in a hard-sided container;
(iv) such container is locked; and
(v) only the passenger has the key or combination for such container;
(B) permit Amtrak passengers holding a ticket for a specific Amtrak route to place small arms ammunition for personal use in a checked bag on such route if the ammunition is securely packed—
(i) in fiber, wood, or metal boxes; or
(ii) in other packaging specifically designed to carry small amounts of ammunition; and
(C) include any other measures needed to ensure the safety and security of Amtrak employees, passengers, and infrastructure, including—
(i) in fiber, wood, or metal boxes; or
(ii) in other packaging specifically designed to carry small amounts of ammunition; and
(c) DEFINITIONS.—
(1) For purposes of this section, the term ‘‘checked baggage’’ refers to baggage transported that is accessible only to select Amtrak employees.
Thanks to Larry Arnold for the pointer.
JRL says:
So am I to understand that, in order to keep them safe, Amtrak employees will be put in metal boxes?
Heh, who needs to read a bill?
December 21, 2009, 12:34 pmOren says:
Impossible. I have been assured that the Congress wants to take our guns away, not check them as baggage.
December 21, 2009, 12:51 pmAnon321 says:
Out of curiosity, are you highlighting the substance of the bill (which appears to pave the way for allowing Amtrak passengers and employees to carry firearms), or the drafting error (which appears to copy clauses (i) and (ii) from subparagraph (B) and paste them under subparagraph (C) in a way that makes little sense)? It doesn’t have to be an either/or, of course, but I was just curious which element caught your attention.
December 21, 2009, 12:52 pmRichard Riley says:
I’d say it’s a glitch from the age of word processing. Section 159(b)(2)(C)(i) and (ii), which Eugene highlights, are identical to section 159(b)(2)(B)(i) and (ii) which appear immediately before.
Some drafting clerk copied clauses (i) and (ii) from subparagraph (B) and pasted them in (not excluding the extraneous “and”) under subparagraph (C) instead of whatever was actually supposed to describe the “other measures needed to security the safety and security” of whomever.
The real lesson may be how RARELY this happens. The House and Senate drafting clerks are remarkably accurate given the number and vagueness of the directives from members of Congress they are obliged to turn into legislative language.
December 21, 2009, 12:55 pmJT says:
I thought the point was, if they can’t get the text right in a short bill, how are they going to pass an enormous health care bill (regardless of the merits) that will not be overturned due to unconstitutional vagueness due to errors similar to the one here.
December 21, 2009, 2:26 pmRoyLitmus says:
Does anyone know if it is an actual crime to carry a gun on an Amtrak train if it would otherwise be legal? Can you actually go to jail for doing it or is their remedy to simply kick you off the train or deny you service in the future?
Say I am going from Philadelphia to Harrisburg, both locations in Pennsylvania, on the Keystone train and have a gun permit that allows me to carry concealed in Pennsylvania. If I choose to carry concealed and say a conductor notices the my gun sticking out of my pants while I am putting my suitcase overhead and my shirt rides up. In PA there is no law regulating carry on public transit and under PA law I am otherwise lawfully in possession of that gun. Is it a federal crime to carry on the train or is their only remedy to kick me off or deny me service?
December 21, 2009, 2:32 pmDavid Chesler says:
Interestng question, RoyLitmus. I regularly find myself in the South Station (Boston) bus terminal, and there is a sign that says I’m forbidden by law to have weapons, alcohol, or illegal drugs there. I haven’t gotten around to finding out on what authority.
December 21, 2009, 2:42 pmPintler says:
The part I find odd is the “not later than 24 hours before departure” part. Airlines have no such restriction. What are they planning to do during the 24 hours?
December 21, 2009, 2:42 pmLarryA says:
It was under Federal rules, since shortly after 9/11/01.
December 21, 2009, 3:06 pmLarryA says:
The typo was funny. The substance is interesting in that it’s another example of this pro-gun Democratic Congress.
December 21, 2009, 3:11 pmlgm says:
That’s one well regulated militia.
December 21, 2009, 3:38 pmReasoner says:
Oops, misread it. Ignore my previous comment.
December 21, 2009, 3:47 pmRyan Waxx says:
LGM wins one (1) thread. Not valid in all states. Restrictions may apply.
December 21, 2009, 3:56 pmFrom a New Statute | Liberal Whoppers says:
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December 21, 2009, 4:38 pmTweets that mention The Volokh Conspiracy » Blog Archive » From a New Statute -- Topsy.com says:
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December 21, 2009, 5:21 pmRoger the Shrubber says:
Starter pistols?
December 21, 2009, 11:43 pmTransplanted Lawyer says:
What about carrying a small, paper-wrapped package of fireworks in your jacket pocket?
December 22, 2009, 9:43 am