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This is a discussion on Traveler sues Delta Airlines for New York arrest. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Here's the link...
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M&P Shield 9mm,
I think the guy ultimately had it coming to him. Sure maybe he didn't understand, but with guns in the spotlight so much as being evil and what-not you'd think he would get the hint that maybe some of these states ruled by big cities might have some different laws. But on the other hand it's pretty dumb that the airline informed the police that he had a concealed firearm but wouldn't even mention it to him before he left the terminal in New York. IMO, that was a real jerk move...probably fueled by some gun fear.
It’s waste of time; it’s his responsibility to check with the laws in the states he is traveling to. Delta is not required to advise him on where his gun is welcome and where it’s not that would be giving legal advise
Just another case of someone not wanting to take responsibility for their actions. How many times do we hear "It's someone elses fault"?
Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.
NRA Life Member
Bottom Line: If you do not have a New York City carry permit - DO NOT go there with your gun.
New York City airports (JFK, LaGuardia) AND Newark (NJ) are notorious for arresting uninformed travelers. Prosecutors then threaten serious FELONY charges. New York/ New Jersey Lawyers go to bat for the defendant, usually getting them to cop a plea to a reduced misdemanor charge. Everybody's happy: the prosecutor gets another conviction for their resume, the lawyer collects $$,$$$, the police have another handgun to dispose of (often to one of their officers). So nobody on that side of the system wants to see anything change.
The defendant isn't quite so happy. They've had their travel plans majorly interupted, spent time in jail, enriched a Lawyer they'll never see again by several thousand dollars AND - to top it all off - isn't going to get the gun back. YES, responsibility for the mistake is theirs and theirs alone. Nonetheless, NYC/NJ airports are unlikely to be featured in their future travel plans.
I agree, the guy is not going to win his case against Delta.
the bad thing is that NYC regularly violates FOPA by denying the transport of firearms through the airports in NYC which is legal to do.
for example if my trip begins in NJ, where I am legally permitted to possess and transport a weapon in a locked container, with a car ride to JFK airport which is in NYC in order to take a plane to FLA, where I am legal to carry I should fall under the FOPA rules for transporting a gun and as long as I adhere to the FOPA regs, NYC should not arrest and prosecute me, however like I stated NYC regularly does arrest people doing just as I've described.
One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driverís compartment, in a locked container.
An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time.
However Washington D.C., New York, New Jersey, and several other states routinely ignore this provision; arresting, prosecuting, and imprisoning travelers who are complying with this federal law.
IMHO, it's all on him -- assuming NY was his final destination with the airline, as implied but not stated outright.
OTOH, in transit??????
I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.
I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.
Veni, Vidi, Velcro
I think it's ridiculous that delta wouldn't bother to let the guy know, but instead report him to the police. But it's also the guys responsibility to know the laws of the place he is traveling to.
This is a great example of why I wouldn't fly delta though :) Much rather give my money to a company that gives a crap about their customers.
Then again, unless the person that he made travel arraingmens through is a lawyer, they could not give him legal advice or risk being charged with a crime. Its on him to know where he can and cannot take his firearm and the airline is just the taxi service to get him from point A to point B, if he did not know the law he could have researched online or called a real lawyer, or heck, just came here and asked.
Gen 4 Glock 32 .357sig and SW M&P 15/22
Ohio CHL since 1/29/2009
PA Non-Res 10/12/2010
Those who trade liberty for security have neither. ~John Adams
This might be a good first step to fight for the recognition of 2A rights in NYC. He should have been aware of the local laws, but our Constitution says he broke no laws.
This will be good for the NY attorny reprsenting the ignorant college president...its probibly risky behavior to even carry "passin thru"...Federal law not withstanding...he was visiting with his wife, picking up a 9-11 related thing for this school...bad for me..and you..excellent example of dual standard legal system, I can not imagine a working stiff grabbing a long weekend with his wife in the big apple getting off that easy...waste of good South Dakota money and time for the NY courts..very poor continuing choices by this idiot college administrator...
"If you need to travel with a weapon as checked baggage, you are responsible for knowledge of and compliance with all Federal, State, or Local laws regarding the possession and transportation of firearms. For more information about this regulation you can visit the TSA site."
Delta did let him know, that it is not their responsibility to ensure every traveler complies with local, state, and federal laws, but up to the traveler themselves.
CASS's early years were fun--traveling to some great locations and as it was just catching on, there were few of us and we shared equipment.
traveling by plane was not a strain. now its mostly for the gamers and equipment is highly personalized and expensive and troublesome
to move state to state. compounded by the hub system and possibly getting mis routed i travel by car now.
and one still must plan as if its a counter-strike invasion.
i am hopeful that my helicopter ( the red one) will be fixed by july 4th and that delta dude needs to take
personal responsibility closer to heart. i can feel bad for him but not be sympathtic.
the system is broke and made to make money for those who keep it broke...
so we must plan accordingly--and it is vital to have back up plans & phone numbers.
You plug 'em, I plant 'em
...kid can't read at 17 (Garcia/Hunter 1985)
Lack of preparation on your part does not necessarily constitute an emergency on mine
While all this is happening real BGs run rampant because of all the time and manpower wasted on incidents like this.