At 12:48 AM -0500 6/24/04, Joe Sylvester wrote:
> I don't think this is neccessary, although it would be "nice". The Firearms
> Owners Protection Act, specifically Title 18 section 926A, provides for
> interstate transport. As long as possession is legal at each end of a trip,
> the FOPA says that the firearm can be transported, unloaded and secured of
> course, accross any other jurisdiction. Thus if it's legal for CASers to
> participate in such events in New York, Federal law protects them while in
> transit. Theoretically even if they have to go through the airport in New
> York City, or New Jersey.
In practice, FOPA has not protected gun owners who change modes of
transportation, e.g., who drive from the NJ suburbs to a NY airport to pick
up a plane to, say, Arizona:
At 3:42 PM -0700 3/8/04, C. D. Tavares wrote:
> At 4:28 PM -0500 3/8/04, Brad3000 wrote:
>> CD,
>>
>> In terms of "conflict", should not USC.927 gazump the local NYC Handgun
>>possession ordnances that mean that you cant do a peaceable journey under
>>USC 926a & 927 thru the NYC Boroughs to LGA or JFK airports for legal
>>transit with said firearms... ??
>>
>> These days they will just lock you up, take your guns and throw the key
>>in the Hudson when you declare your handguns as per air carriers
>>requirements... IF you are NOT licensed in New York State or City.
>
> Technically, the answer is no.
>
> If you had asked me if USC 927 should trump local city law in the case of
>a motel or restaurant stop while driving through the city, my answer would
>have been yes, certainly. And any city or state, as well as any
>enforcement functionary of either, should be sued up the yinyang and
>subject to great penalties for violating this protection.
>
> But when you are driving into NY in order to change transportation modes
>-- that is, take the guns out of your car and board a plane -- you lose
>the protection of the law. The duration of the trip is defined in the law
>as a function of the "transporting vehicle." The end of your "trip" is
>when you shut off your car in the parking lot, and you are not legally
>allowed to carry in NYC. The law also requires that the gun must remain
>inaccessible to the driver and passengers, which it is not as soon as you
>take it out of the trunk to carry it into the terminal.
>
> Alsohough net technically permitted by the law, one could make a good
>argument to a judge in the case of a car breakdown which necessitated that
>you change cars to continue a single trip. However it would be a loser to
>argue that you had to change your car into a plane.
>
> Note also that the FOPA is a positive protection written into law -- not
>a case of "well, the feds didn't say I couldn't, so the state can't
>either."
> US Code, Title 18 Section 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.
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