Another NY arrest in violation of FOPA
The Firearms Coalition is reporting the case of a lady who, after visiting friends in Vermont, checked her gun in at the airline ticket counter in NY, and was promptly arrested.
The Firearm Owners Protection Act inserted a clause to forbid this manner of enforcement. 18 US Code 926A provides:
"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."
Of course, NY authorities disregard that law at will. There's already one suit for damages against them on it.
Let me see now . . . this thing has a trigger (firing mechanism), a barrel, a stock/grip and it fires projectiles . . . so it is called a "gun" which includes everything from a missile launcher to a BB gun, be it a pistol, revolver or rifle. It could be mounted on an airplane, tank, water vessel or inside your pocket.
The gun banners only focus on "civilian" weapons. But it is perfectly OK for these same gun banners to sanction weapons of mass destruction! Why? They are either stupid civilians or idealogs who want your freedom on a silver platter!
Americans - Beware of BOTH!
Posted by: Bumper Guy! at February 26, 2007 09:05 PM
I am afraid I may have inadvertently become a victim of New York Penalties. I checked my legally owned pistol per FAA and TSA regulations on a flight transferring to New York. This turned out to be a work and vacation trip so I had an overnight stop in Long Island en route to Manchester, NH. The following morning I rechecked my baggage at Long Island ISP airport and after being received by the airline as checked baggage, I was arrested by Suffolk police department. I was charged with criminal felony possession with a "loaded" firearm. Unfortunately I have a serious issue to contend with by something that should be simple in nature. New York considers it a "loaded" firearm when transferring ammo with the pistol. My firearm was in a hard locked case and untouched since I left dallas. But, I did have half a box of ammo in the manufacturers original packaging per federal requirements but the state is not listening. Common sense is what I see lacking and as a law abiding taxpaying citizen with no criminal intent but merely attempting to transport the firearm through NY, I fail to see why they wish to crucify me, for that is there intent.
Posted by: P. Steven Hardcastle at October 6, 2007 04:39 PM