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Thread: Tea Party leader arrested with gun at NY airport

  1. #1
    Regular Member hammer6's Avatar
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    Tea Party leader arrested with gun at NY airport

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    Quote Originally Posted by hammer6 View Post
    Not sure, the story is vague. No real fact besides it being unloaded and locked up. Also he had a CCP for CA but that is irrelevant since he is in NY. I donít think this man really played by the rules. NY is strict, I grew up there. NYC is worse. I wouldnít be surprised if you had to call them ahead of time and get some sort of permission slip beforehand. Off the top of my head I donít think you can travel with explosives, which is ammunition. Also depends how long he was "traveling" through NY. You can only have it while transiting through. You canít bring it somewhere and go somewhere else and still say you're just passing by. That could have nabbed him. I may or may not have brought my handgun along with me as I go home to see the folks. But I know it's not legal.
    Of course I could look this up, but I'd rather babble on haha.

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    Regular Member hammer6's Avatar
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    Quote Originally Posted by usnvet86 View Post
    Not sure, the story is vague. No real fact besides it being unloaded and locked up. Also he had a CCP for CA but that is irrelevant since he is in NY. I donít think this man really played by the rules. NY is strict, I grew up there. NYC is worse. I wouldnít be surprised if you had to call them ahead of time and get some sort of permission slip beforehand. Off the top of my head I donít think you can travel with explosives, which is ammunition. Also depends how long he was "traveling" through NY. You can only have it while transiting through. You canít bring it somewhere and go somewhere else and still say you're just passing by. That could have nabbed him. I may or may not have brought my handgun along with me as I go home to see the folks. But I know it's not legal.
    Of course I could look this up, but I'd rather babble on haha.
    who's to say this isn't a guy LEAVING new york to visit california, and took the gun from his home, and was going to visit california?
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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Quote Originally Posted by hammer6 View Post
    who's to say this isn't a guy LEAVING new york to visit california, and took the gun from his home, and was going to visit california?
    He's from California, not New York......

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    Regular Member hammer6's Avatar
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    Quote Originally Posted by Gray Peterson View Post
    He's from California, not New York......
    okay and? what's the point? he can't have a gun in his hotel in new york?
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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Quote Originally Posted by hammer6 View Post
    okay and? what's the point? he can't have a gun in his hotel in new york?
    No, he cannot under current state law and current constitutional status. NYC and in general NYS does not allow the possession of a pistol without a license, period, even in your own home or temporary residence. They are only one of two states which requires a license for non-residents to possess a handgun while in their state (NYS doesn't issue said non-resident license, Massachusetts does issue said license, but you need to apply to the state police).

    Simply put, the current jurisprudence is not there. In fact, the district court loss of Osterweil v. Bartlett will cement the impression with the state criminal courts that it's 2A does not apply to temporary residences and transport to/fro. Even after potential challenges in the 2nd Circuit Court of Appeals for both Osterweil (non-resident pistol possession license case) and Kachalsky v. Cacace (the may-issue challenge), there needs to be further additional challenges needing to go upsuch as Kwong v. Bloomberg (excessive fees for all pistol licenses, $455 every three years is outrageous and unconstitutional) before we are in a legal position to strike directly at requiring licensing at all for transport and in temporary home possession....

    It's clear also that his final destination is NYC from California, not Connecticut. This stuff about 926A is completely irrelevant unless he happened to have a hotel room in Connecticut or New Jersey rather than NYC. At least with New Jersey you can apply for an FID card with the state police to transport, and Connecticut has pistol carry license system which is fully available to non-residents for application.

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    Regular Member hammer6's Avatar
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    Quote Originally Posted by Gray Peterson View Post
    No, he cannot under current state law and current constitutional status. NYC and in general NYS does not allow the possession of a pistol without a license, period, even in your own home or temporary residence. They are only one of two states which requires a license for non-residents to possess a handgun while in their state (NYS doesn't issue said non-resident license, Massachusetts does issue said license, but you need to apply to the state police).

    Simply put, the current jurisprudence is not there. In fact, the district court loss of Osterweil v. Bartlett will cement the impression with the state criminal courts that it's 2A does not apply to temporary residences and transport to/fro. Even after potential challenges in the 2nd Circuit Court of Appeals for both Osterweil (non-resident pistol possession license case) and Kachalsky v. Cacace (the may-issue challenge), there needs to be further additional challenges needing to go upsuch as Kwong v. Bloomberg (excessive fees for all pistol licenses, $455 every three years is outrageous and unconstitutional) before we are in a legal position to strike directly at requiring licensing at all for transport and in temporary home possession....

    It's clear also that his final destination is NYC from California, not Connecticut. This stuff about 926A is completely irrelevant unless he happened to have a hotel room in Connecticut or New Jersey rather than NYC. At least with New Jersey you can apply for an FID card with the state police to transport, and Connecticut has pistol carry license system which is fully available to non-residents for application.

    thanks
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    Quote Originally Posted by Gray Peterson View Post
    No, he cannot under current state law and current constitutional status. NYC and in general NYS does not allow the possession of a pistol without a license, period, even in your own home or temporary residence. They are only one of two states which requires a license for non-residents to possess a handgun while in their state (NYS doesn't issue said non-resident license, Massachusetts does issue said license, but you need to apply to the state police).

    Simply put, the current jurisprudence is not there. In fact, the district court loss of Osterweil v. Bartlett will cement the impression with the state criminal courts that it's 2A does not apply to temporary residences and transport to/fro. Even after potential challenges in the 2nd Circuit Court of Appeals for both Osterweil (non-resident pistol possession license case) and Kachalsky v. Cacace (the may-issue challenge), there needs to be further additional challenges needing to go upsuch as Kwong v. Bloomberg (excessive fees for all pistol licenses, $455 every three years is outrageous and unconstitutional) before we are in a legal position to strike directly at requiring licensing at all for transport and in temporary home possession....

    It's clear also that his final destination is NYC from California, not Connecticut. This stuff about 926A is completely irrelevant unless he happened to have a hotel room in Connecticut or New Jersey rather than NYC. At least with New Jersey you can apply for an FID card with the state police to transport, and Connecticut has pistol carry license system which is fully available to non-residents for application.
    Doesn't the Firearm Owners Protection Act provide an exception to this? Or, was New York this guy's starting/ending destination, which would render FOPA's protections invalid?
    "Eternal vigilance is the price of liberty."
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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Quote Originally Posted by Nascar24Glock View Post
    Doesn't the Firearm Owners Protection Act provide an exception to this? Or, was New York this guy's starting/ending destination, which would render FOPA's protections invalid?
    NYC was his ending destination of his journey.

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    He just did not played with the rules. Whatever his intention are or any, rules are rules after all.

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Fine View Post
    He just did not played with the rules. Whatever his intention are or any, rules are rules after all.
    And if Rosa Parks , just followed the rules?
    What about Mr. McDonald in Chicago?
    Or Heller in D.C.?

    Unconstitutional laws or "rules" are supposed to be null and void.

    Unfortunately it takes time and money to fight these "rules".
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Regular Member hermannr's Avatar
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    Anybody want to bet on it was intentional? to get standing for a law suit?

    Think about the medical student from TN and NY's reaction, and this guy as a unit, not as individuals (I'm not saying they were, but NY legislature sees them as a unit)

    I'm thinking this was intentional.

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