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TSA opinion on gun seizures at NYC Airports
There have been some problems with folks transporting firearms to NYC airports and getting arrested for violating the local gun laws (most recently, a bodyguard for Michael Moore was busted). I even heard a report of someone getting nabbed who was merely connecting in NYC -- due to a flight delay, they missed the connection, and for some reason had to reclaim their baggage and check it in a second time.
The Department of Justice has written a letter to Rep. Don Young, stating that their position is that such arrests are barred by the Firearm Owners Protection Act, 18 USC 926A. That section gives legal immunity against state law, provided the person is passing thru the state while going from an area where he can own the gun, to another area where he can own the gun, and (if in a vehicle) the firearm is unloaded and locked in the trunk or other such storage area.
Note that (1) TSA can't give orders to NYPD, so some risk remains, but I suspect almost all of these cases arise from TSA employees calling NYPD; (2) the TSA position might expose, or increase exposure of, NYPD to civil liability if it keeps it up.
Hat tip to Joe Olson and NY State RIfle and Pistol....
Comments
Incidentally, the last edition of the NRA's Rifleman mag had a little blurb in the back about how their legal services helped one of those arrested guys get the charges dropped and his sidearm returned. :)
I've also seen a letter from the AG's office to the NY AG's office telling them to knock it off....that's a link I'd pay a dollar to have back...
Posted by: geekWithA.45 at October 14, 2005 06:56 AM
FYI, NYSRPA and Chris Conti at NRA-ILA have been working on this issue and we've had some success getting the charges thrown out.
Posted by: Jacob at October 17, 2005 05:28 PM