Wow. Thank you all for the information. It completely stuns me. My
favorite is that the whole thing does nothing to catch the import of the
firearm but seems to be set up to catch people as they are peaceably
leaving the state with their offending device.
So assuming the fopa route will go as it will, it raised 2 other legal
questions for me which I would be interested I hearing comment on.
1) would not the police need grounds for the
questioning/search/interrogation? For example, I have a license to
drive, police are not allowed to randomly stop me to ask me to see my
license. This seems like it would be similar to needing a license for a
handgun -- engaging in legal activities should not open me to constant
police interaction.
Of course, all bets are off if they are just engaging me in conversation
and I admit to activities that lead them to an arrest.
2) regarding the heller decision. Scotus seemed to think
licensing/registration was ok, yet, there is a personal right to a
firearm for self defense. If I am travelling and have a temporary
domicile, I should have a right to have a firearm in that domicile.
But, ny seems to have a 60d turnaround on lisc. apps and they probably
won't issue to non ny residents.... doesn't this de facto remove my
personal right to a firearm for self defense in my temporary residence?
On Wed, Jul 29, 2009 6:15 am, [email protected] wrote:
18 USC 926A entitles a person to transport a firearm in this
situation. NY is apparently the only state where passengers are
arrested when they comply with TSA procedures to transport firearms by
air. We are litigating this policy in the US Court of Appeals for the
2nd Circuit. [Attached is our opening brief. SENT WITH PREVIOUS
EMAIL, MAY BE TOO LARGE FOR THIS LIST.] We have had oral argument and
are awaiting a decision.
Your friend needs to retain a local NY attorney who can probably get
the charge dismissed by citing 926A. Have your friend contact me if
he/she wishes to discuss or needs a referral.
Stephen P. Halbrook
Attorney at Law
3925 Chain Bridge Road, Suite 403
Fairfax, VA 22030
Tel. (703) 352-7276
Fax (703) 359-0938
Email: [email protected]
Website: www.stephenhalbrook.com
In a message dated 7/29/2009 8:40:43 A.M. Eastern Daylight Time,
PROTELL writes:
18 USC 926A entitles a person to transport a firearm in this
situation. NY is apparently the only state where passengers are
arrested when they comply with TSA procedures to transport firearms by
air. We are litigating this policy in the US Court of Appeals for the
2nd Circuit. Attached is our opening brief. We have had oral
argument and are awaiting a decision.
Your friend needs to retain a local NY attorney who can probably get
the charge dismissed by citing 926A. Have your friend contact me if
he/she wishes to discuss or needs a referral.
Stephen P. Halbrook
Attorney at Law
3925 Chain Bridge Road, Suite 403
Fairfax, VA 22030
Tel. (703) 352-7276
Fax (703) 359-0938
Email: [email protected]
Website: www.stephenhalbrook.com
In a message dated 7/29/2009 5:54:31 A.M. Eastern Daylight Time,
[email protected] writes:
Hi All,
A friend of mine just got arrested in ny on an illegal weapons
charge. They were travelling back to la thru a ny airport, when they
went to the counter to declare their firearm (unloaded, locked hard
container) they got arrested for illegal possession of a pistol.
Point of origin and destination were legal places for
ownership/possession. A quick google search shows this is apparently
not uncommon.
If anybody had any advice for my friend, I would greatly appreciate
it(!), but, separately, I am not sure how this law (and the enforcement
thereof) is constitutional?? It seems like this should fall under
protections of interstate commerce as well as equal protection, or,
am I
misreading the situation?
Honestly, I don't see how somebody could legally travel if they have
an in transit stop in nyc and that seems like it shouldn't be the
jurisdiction of the city to decide. Demographically, my friend would
probably make a good test case for a challenge of the law (upright
citizen/socially conscious/does academic research in social welfare for
minorities), but, that too seems probably a battle that is hard to
fight
in terms of time/resources.
Again, advice/explanations welcome,
Jonathan
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