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Apparently, in NY your gun is considered loaded even when it is not loaded...

"...in New York the firearm is considered loaded if the passenger is in possession of both a gun and ammunition..."


PREGNANT MOM ARRESTED IN NEW YORK FOR UNLOADED HANDGUN IN CHECKED BAGGAGE
Apr. 2, 2013 8:12am Liz Klimas

A Minnesota mom six months pregnant getting ready to head home from a trip to New York with her 6-year-old daughter was arrested last week for an unloaded handgun she had in the luggage she was attempting to check...

Pregnant Mom Arrested in New York for Unloaded Handgun in Checked Baggage | TheBlaze.com

If we take this story a step further...

Isn't it odd that someone could actually legally check their firearm with the airline in one state but the moment the plane lands in NY, the person is committing a felony?
 

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As much as this article angers me I can't help but think that ignorance of the law is no excuse for breaking it. Knowing the current climate in New York I wouldn’t have even thought about bringing a gun there with me.
 

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As much as this article angers me I can't help but think that ignorance of the law is no excuse for breaking it. Knowing the current climate in New York I wouldn’t have even thought about bringing a gun there with me.
I guarantee you that you break a law that is on the books daily and without knowing it. If you wished to read through them all, it would probably take you upwards of a few years.

http://www.defensivecarry.com/forum...ussion/163697-how-many-laws-you-breaking.html
 

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Moral of the story: pull your head out; be aware of the stupidities around us; don't fall into obvious traps; avoid open sewers (liberty-wise); keep contacting your hired staff (aka temporary legislators).
 

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Moral of the story: pull your head out; be aware of the stupidities around us; don't fall into obvious traps; avoid open sewers (liberty-wise); keep contacting your hired staff (aka temporary legislators).
Yup. Personally, I'll never set foot in that state until it is free again. But if you have to travel through there, as well as any other state that is fashioning itself after North Korea, you need to be aware that you forego your personal liberties when you go there and therefore need to plan accordingly.
 

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I was unable to read the story from the link-- it just lead to some registration page.

I wonder if the actual reason she was arrested wasn't because she had an unloaded
handgun, but because she had been carrying illegally in NYC.

These incidents happen all the time there, and Congress could fix the problem if it wanted to.
Instead we get bluster from The House and little action. And when they do act as they did
with reciprocity last year, it died in The Senate. Why, I don't begin to understand. I'm fairly sure
that there would have been 51 votes for it if it had gotten to a vote.
 

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I was unable to read the story from the link-- it just lead to some registration page.

I wonder if the actual reason she was arrested wasn't because she had an unloaded
handgun, but because she had been carrying illegally in NYC.

These incidents happen all the time there, and Congress could fix the problem if it wanted to.
Instead we get bluster from The House and little action. And when they do act as they did
with reciprocity last year, it died in The Senate. Why, I don't begin to understand. I'm fairly sure
that there would have been 51 votes for it if it had gotten to a vote.
At the time she was arrested, she was not "carrying", she was transporting a firearm in a locked case.

Go to the theblaze.com to read the story.
 

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At the time she was arrested, she was not "carrying", she was transporting a firearm in a locked case.

Go to the theblaze.com to read the story.
It may have been in her checked luggage at the time,but while in NY she had an unregistered gun,why would you take a gun to NYC knowing full well you can't carry it,unless you somehow thought you could.Too many people have their heads up their rectums and seem to think their carry permit is good anywhere in the US
 

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I guarantee you that you break a law that is on the books daily and without knowing it. If you wished to read through them all, it would probably take you upwards of a few years.

http://www.defensivecarry.com/forum...ussion/163697-how-many-laws-you-breaking.html
Unfortunately, I do agree that ignorance of the law isn't an excuse to break it and it's not like NYs firearms laws are either obscure, not well known or hard to find information on. The bottom line is if you are going to carry or transport any firearm, the onus is on you to fully understand the laws that you will be subjected to in every jurisdiction that you will be entering.

Obviously I agree that it's a shame that the states are allowed to create and impose draconian firearms laws, but unless the Federal Government steps in and starts actually supporting the Second Amendment as it is written, then everybody is going to have to understand that it's up to the individual to insure that they are following the local laws concerning firearms.
 

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Well, I can think of about 1,000 things I'd do before I'd try to bring a gun into NYC..
 
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Unfortunately, I do agree that ignorance of the law isn't an excuse to break it and it's not like NYs firearms laws are either obscure, not well known or hard to find information on. The bottom line is if you are going to carry or transport any firearm, the onus is on you to fully understand the laws that you will be subjected to in every jurisdiction that you will be entering.

Obviously I agree that it's a shame that the states are allowed to create and impose draconian firearms laws, but unless the Federal Government steps in and starts actually supporting the Second Amendment as it is written, then everybody is going to have to understand that it's up to the individual to insure that they are following the local laws concerning firearms.
I'm not one for zero tolerance policies. Ignorance is one thing I despise, and willful ignorance is even worse. That said, when it comes to something like this, I think it is pretty clear that she had no criminal intent, and should not be charged as one.
 

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I didn't see in the story where she was staying. If her gun was legal wherever she was staying overnight, would she be legal under the federal transportation laws?
 

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I'm not one for zero tolerance policies. Ignorance is one thing I despise, and willful ignorance is even worse. That said, when it comes to something like this, I think it is pretty clear that she had no criminal intent, and should not be charged as one.
"Zero tolerance" is more about mandated punishment for an act. She hasn't been punished yet, so it's too early to say that the state won't grow a brain and let her go, or allow her to plead down to some trivial offense. That said, she did commit a criminal offense and a phone call or two before she took a flight to a city that has very strict gun laws inside a state that has very strict gun laws, would have probably netted her enough information to give her the basic knowledge she needed to not break the law.

I do agree that the situation sucks and it's one of the reason why I cannot stand the liberal stronghold cities and states. It's also the main reason I don't go to those places though...
 

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As much as this article angers me I can't help but think that ignorance of the law is no excuse for breaking it. Knowing the current climate in New York I wouldn’t have even thought about bringing a gun there with me.
Does ignorance of our Constitution excuse the enforcement of this invalid law?

How do you like them apples? :danceban:
 

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Discussion Starter · #17 ·
I didn't see in the story where she was staying. If her gun was legal wherever she was staying overnight, would she be legal under the federal transportation laws?
For Federal Restrictions on Firearms see the USA Page. Transporting Firearms Through New York
The best way to travel through NY or any state that has restriction is to carry a copy of Title 18-Part 1- Chapter 44 926A of the federal code with you. Some law enforcement may not know the law. DO keep the firearm in a locked box. Keep ammo in another locked box. No ammo in Magazines or speed loaders in the trunk or if no trunk as far back in the vehicle as possible in a locked box. By NY Law if you are traveling across the state and can legally possess the firearm where you started and where you are going you can transport it as above. But if you stop in NY and spend the night in a motel/hotel/camp ground etc you are in violation of NY law and can be arrested if found with a firearm. Stopping for gas and food would most likely be OK but this is not a given in NY.
United States Code Title 18 - Part I - Chapter 44 § 926A. Interstate Transportation of Firearms
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.
The article does not say she was carrying concealed and does not mention if she has a concealed carry permit or not. She was transporting her firearm from her permanent residence to her temporary residence and back.

She was charged with "criminal possession of a loaded firearm". The Port Authority Police arrested her for carrying a "loaded" unloaded firearm while she was in the act of transporting the unloaded firearm to her permanent residence.

According to the above, it looks like she violated the law.

Helen Peterson, spokesperson for the Queens District Attorney Richard A. Brown, told Inforum too that those unfamiliar with the laws causes issues several times a year.

“Unless you have a New York City license to carry, leave your gun at home,” Peterson advised travelers, according to Inforum.
 

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Before you guys throw her under the bus, she *should* have been protected under FOPA, but NYC/NYS flaunts this Federal law without consequence.
 
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Before you guys throw her under the bus, she *should* have been protected under FOPA, but NYC/NYS flaunts this Federal law without consequence.
Actually it does not because FOPA first states that "Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof" before it goes on to the "protecting the firearm owner" part. Quite stupid, IMO, but it is the way it is at this time...

And right on the main page of the NRA Interstate Transportation of Firearms information page it says this about transportation of a firearm in NY:

Possessing a loaded handgun outside one’s home or place of business without a license is a felony. This applies not only to those who possess loaded handguns, but also to anyone who merely possesses a handgun and “at the same time … a quantity of ammunition which may be used to discharge such firearm.” Licenses to possess and carry handguns are not issued to out-of-state residents, unless they are principally employed or own a business in New York.
NRA-ILA | Guide To The Interstate Transportation
 

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Sounds like we need to change FOPA to do what it is supposed to do, instead of this garbage they're pulling now...
 
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