Tea Party Leader Arrested After Attempting to Check in With Gun at Airport

[tunes]

Anyone from New York care to weigh in on this? The story is a bit vague as always, but it sounds like he showed up at an airport with a locked box that contained a handgun and ammo and got arrested for carrying concealed without the proper license. If the gun was loaded with said ammo that could explain what happened, otherwise it seems what he did was closer to "transporting" the weapon than "carrying" concealed. I wish the news was better at details on this stuff...

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[DefensiveCarry.com]

[sdprof]

He was in NY, with a gun.

A legally owned gun.

With a CC permit issued by another state.

Following the rules for air travel.

So he's obviously a heinous criminal.

Because it's NY.

[dukalmighty]

"He didn't have a correct understanding of the law," said Al Della Fave, a spokesman for the Port Authority of New York and New Jersey, which polices the area's main airports. "Though he has a permit to carry in California, that did not cover him in the state of New York."

You are responsible for knowing where you can and cannot carry with your license!
Unless you have a NY City license you can't even have a gun in New York City unless you are in a vehicle passing thru and your gun and ammo are secured in the trunk per Federal travel laws.
It sounds like he will end up with a felony which can cost him his firearms and California Concealed license

[Eagleks]

New Jersey and New York laws in that regard really suck. Seems they could amend them to allow possession of an unloaded firearm , in particular at the airport by someone from another state. But, it's New Jersey and New York.

[JMTrio]

Stories like these make me never want to go to states like this.

[paramedic70002]

I wonder where he began his journey.

Is this a test case?

Good luck, Sir!

[dukalmighty]

I wonder where he began his journey.

Is this a test case?

Good luck, Sir!

He probably flew into NYC from California,when you check a firearm into the airline,they assume that you know the law as it pertains to your firearm and where your going,since there is nothing special you need to do other than retrieve your checked bag at your destination you are now breaking the law as soon as you gain possession of the luggage,I am willing to bet money that while he was in NYC he was carrying his gun concealed on his person.
Now you know why we stress that you need to know the laws pertaining to your license and laws in reciprocating states you are visiting.
For the record I cannot forsee any reason I will ever step foot in NY,DC,California,or any other state that feels my right to self defense will not be allowed

[QKShooter]

Well, this would be the first arrest of any Tea Party member.

ONLY 4,999 more to go to catch up to Occupy Wall Street.

[paching]

So it's alright to board an airplane destined for NYC with a gun appropriatly stored in a locked box but It's not to leave NYC with a locked box containing the firearm AND heavens forbid.. nineteen cartridges? He must be a hired hitman (sarcasm). They must really be short of ammo in the rotten apple, was this guy even cc'ing? Proof? Seems to me the TSA's arrival crew in NYC's got some splaining to do.

[Richard58]

The south was right after all...

[gigamortis]

Seems like I remember a case not to long ago that involved either NY or NJ in an airline travel incident. Due to an airline scheduling mixup, the traveler ended up having to stay overnight in a hotel within the borders of the said anti state. To do so, he had to take possession of his luggage until another flight was available the next day. He was arrested, got out on bail, and decided to lawyer up to fight the charges. The state decided to drop the charges against him for fear that he would win the case in court, thereby setting the precedent for the free passage of firearms for all travelers through their state.

I guess what remains to be revealed was if the state he was arrested in was his final destination, or just a layover point.

[scott625]

http://www.anjrpc.org/resource/resmg...elwithguns.pdf

A bit older but I believe this is still the rule.

[fastk9dad]

You are responsible for knowing where you can and cannot carry with your license!
Unless you have a NY City license you can't even have a gun in New York City unless you are in a vehicle passing thru and your gun and ammo are secured in the trunk per Federal travel laws.
It sounds like he will end up with a felony which can cost him his firearms and California Concealed license

A person with a NYS license, while they can't normally carry in the city, they are allowed to fly out of the airports without question or hassle.

While FOPA will protect the passengers (see below), NY and NJ tend to treat it as an affirmative defense, enforcing their local laws first and only allowing it's use after a person has been arrested. This has been going in in NY for quite some time, Though lots have been arrested I'm not sure if someone has ever been convicted of the charge, a good lawyer should it get dismissed fairly easily, getting your firearm back is a different story.

The NRA had a good write up on FOPA and travel here is the relevant snippet.

Finally, the United States Department of Justice has issued a written opinion that federal law protects airline travelers with firearms, assuming: (1) the person is traveling from somewhere he or she may lawfully possess and carry a firearm; (2) en route to the airport the firearm is unloaded and inaccessible from the passenger compartment of the person`s vehicle; (3) the person transports the firearm directly from his vehicle to the airline check-in desk without any interruption in the transportation, and (4) the firearm is carried to the check-in desk unloaded and in a locked container.

Special Advisory for New York and New Jersey Airports: Despite federal law that protects travelers, authorities at JFK, La Guardia, Newark and Albany airports have been known to enforce state and local firearms laws against airline travelers who are merely passing through the jurisdiction. In some cases, even persons traveling in full compliance with federal law have been arrested or threatened with arrest. As noted above in the section entitled "Federal Law on the Transportation of Firearms," FOPA`s protections have been substantially narrowed by court decisions, and persons traveling with firearms may want to avoid New York and New Jersey or make arrangements to ship their firearms to their destination, rather than bringing them through these jurisdictions.

[bigdog44]

As stated above there are some states I will not be visiting as they do not and probably will never respect my 2nd amendment rights. NY, NJ, and CA. are the ones that come to mind the most. It just is not worth it. We should all mail those states a No Guns= No Money card like many hand out to businesses that do not respect the law abiding, tax paying citizen. They prefer the criminal type I guess.

[Hopyard]

The "tea party leader" part is really irrelevant to the story, which isn't given in sufficient detail to know what occurred.

If he picked up his bag and took possession of the gun, he was in the wrong. That sort of situation has been discussed here
many times with regard to the fellow from Colorado (or was it Utah) who got caught in NJ and someone else who was arrested in Albany.

This is why it is extremely import to have that new House Bill make it all the way into law.