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Soldier arrested in NY: Charged With 5 Felonies For Possession of AR Magazines

sharkey

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Arizona


FYI

18 USC § 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.


I already quoted that law. Notice the part I bolded in your quote, this does not cover a firearm in your luggage. It is specific to a vehicle and poorly worded.

ETA .. Visualize what I said above. You're at the airport. Your luggage comes down the conveyor. You grab you luggage with a handgun inside. You are in a location that requires a concealed permit and you don't have one. You walk outside (maybe the location forbids airport carry.) You are on the sidewalk and remove your firearm to OC. You are arrested for having had a concealed weapon. Maybe you don't remove your weapon from your luggage but a TSA agent tips off an overbearing cop who's itching for an easy arrest on a technicality.

Why do I have to spell everything out in such detail?

ETA2 This is totally hypothetical. Cops don't act like that in places I travel with a gun, In the places they do where I travel, (like NJ) I don't bring my firearm.
 
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davidmcbeth

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I already quoted that law. Notice the part I bolded in your quote, this does not cover a firearm in your luggage. It is specific to a vehicle and poorly worded.

ETA .. Visualize what I said above. You're at the airport. Your luggage comes down the conveyor. You grab you luggage with a handgun inside. You are in a location that requires a concealed permit and you don't have one. You walk outside (maybe the location forbids airport carry.) You are on the sidewalk and remove your firearm to OC. You are arrested for having had a concealed weapon. Maybe you don't remove your weapon from your luggage but a TSA agent tips off an overbearing cop who's itching for an easy arrest on a technicality.

Why do I have to spell everything out in such detail?

ETA2 This is totally hypothetical. Cops don't act like that in places I travel with a gun, In the places they do where I travel, (like NJ) I don't bring my firearm.

Uhhhh..all I did was post the USC .... most cities exempt the airport .... 'cause of just the reason you mention ...
 

sharkey

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Uhhhh..all I did was post the USC .... most cities exempt the airport .... 'cause of just the reason you mention ...

You posted the USC in direct response to my hypothetical about flying with a gun. FOPA (18 USC § 926A) is not relevant at all to that. Try reading the law.

God, you're putting me in collusion with eye and I don't appreciate that.

Cite any city that exempts the airport because of that. To be valid the rules for the airport must be more lenient than outside of the airport.
 
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sharkey

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This is good information on the shitstorm of AIR travel with firearms. I never even thought about the hop state.

For example, when I fly to Jersey I land in PA and drive from there. Maybe if I actually carried in Jersey I would have thought to factor Philly's laws in.

http://www.thetruthaboutguns.com/2011/12/ralph/about-that-travel-business-read-this-first/

P.S. I'm not even sure this thread has anything to do with interstate travel. The OP links don't say anything about interstate travel.

ETA. That article is eye opening. Im still reading it. I usually fly non stop but never considered if my plane had to make a diversion. What if I landed in a non gun friendly state and do to changes in flights had to claim my luggage in evil state.

There have been situations where passengers have been stranded with their guns in an antigun jurisdiction and were in violation of local laws the minute they took their guns off the baggage carousel. In the Revell case, the Third Circuit offered helpful advice for those travelers. It said:

Section 926 clearly requires the traveler to part ways with his weapon and ammunition during travel; it does not address this type of interrupted journey or what the traveler is to do in this situation. Stranded gun owners like Revell have the option of going to law enforcement representatives at an airport or to airport personnel before they retrieve their luggage. The careful owner will do so and explain his situation, requesting that his firearm and ammunition be held for him overnight. While this no doubt adds to the inconvenience imposed upon the unfortunate traveler when his transportation plans go awry, it offers a reasonable means for a responsible gun owner to maintain the protection of Section 926 and prevent unexpected exposure to state and local gun regulations.
Personally, I would not go to law enforcement authorities. I would go to the airline that dumped me in the midst of heater-hating heathens and I’d make them take control of my guns until I could be on my way again.
 
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eye95

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Jan 6, 2010
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Location
Fairborn, Ohio, USA


FYI

18 USC § 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.

OK, we are citing actual law now. That is an improvement. Now, please notice a few things: First, this section discusses interstate transportation. Second, you will notice that it mentions only transportation in a vehicle. Third, notice that it only covers transportation from one place where possession is lawful to another such place. If you make a stop somewhere where you may not possess it, such as at your mother's house in New Jersey, this federal law will provide zero protection from onerous State laws. Bear these in mind when you suggest actions by others.
 

eye95

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Uhhhh..all I did was post the USC .... most cities exempt the airport .... 'cause of just the reason you mention ...

No, you cited the law following a post where you made a statement about the law for which a citation was demanded.

Context.

Most cities? OK, another cite is needed. I can assure you that in Ohio, everywhere in Ohio, airport carry is problematic. Once I claim that bag, the federal exemption for flying with a gun (which is an entirely different section of code from the one you cited) is GONE. I am now subject to Ohio law.
 

OlGutshotWilly

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Jun 30, 2008
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Snohomish, WA, ,
This is good information on the shitstorm of AIR travel with firearms. I never even thought about the hop state.

For example, when I fly to Jersey I land in PA and drive from there. Maybe if I actually carried in Jersey I would have thought to factor Philly's laws in.

http://www.thetruthaboutguns.com/2011/12/ralph/about-that-travel-business-read-this-first/

P.S. I'm not even sure this thread has anything to do with interstate travel. The OP links don't say anything about interstate travel.

ETA. That article is eye opening. Im still reading it. I usually fly non stop but never considered if my plane had to make a diversion. What if I landed in a non gun friendly state and do to changes in flights had to claim my luggage in evil state.

These are the situations that I was referring to in my earlier post. I have been searching the 'net since my post, and the number of arrests at the NY airports is significant compared to just about anywhere else except Chicago. NY has set up a special court/jail/prosecutor and Judge just to handle all the arrests.

Here is a Law Firms site with information by a NY lawyer who also has offices midway between the airports, by the court specifically to handle these cases.

http://www.martinkanelaw.com/Defending-Gun-Arrests-at-LGA-and-JFK-Airports-in-New-York.shtml

Yes, this thread does not have anything to do with interstate travel, but it is relevant to possessing guns or magazines in the State of New York, no matter how you got there. The laws in NY are out of hand.
 

eye95

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Jan 6, 2010
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Location
Fairborn, Ohio, USA
I notice a certain individual has now read the thread and replied. He has had an opportunity to provide the citations requested and has not done so.

*not surprised*

Folks, if a poster is not willing to quote law and show you where his contentions are backed up by law, run. Run far, and run fast. His "advice" is dangerous. It won't put him in jail. He is all talk. It will put someone who heeds him in jail--or worse, it will get that person killed.

Most cities. Hah!
 
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