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Thread: Tea Party co-founder arrested on gun charge at NY airport

  1. #1
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    Tea Party co-founder arrested on gun charge at NY airport

    Any speculation as to how this will turn out?

    http://www.cnn.com/2011/12/15/justic...a-party-arrest

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    Sounds like a supreme court case in the making...

    He better hope Obama doesn't get re-elected to stack the court with those who want to make an example out of him.

  3. #3
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    NY will reinstate the death penalty as a special case just for him

    yes it's a joke but i can see several in NY considering it
    GO PIRATES!!!!!

  4. #4
    Regular Member papa bear's Avatar
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    anybody know what law was broken?
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    Quote Originally Posted by papa bear View Post
    anybody know what law was broken?
    I don't know statute numbers but it's illegal to have a pistol in NY state without a NY carry permit, plus the pistol has to be registered in NY.

    Hardly infringing at all, really...
    "In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." - Mark Twain

    I don't bother with pragmatic statistics while discussing my constitutional rights. The issue is far less complex, to me. Free men should be able to act like free men.

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    It is unlawful for any person to carry, possess or transport ahandgun in or through the state unless he has a valid New York
    license. (A provision of federal law provides a defense to state
    or local laws which would prohibit the passage of persons with
    firearms in interstate travel if the person is traveling from any
    place where he may lawfully possess and transport a firearm to
    any other place where he may lawfully possess and transport such
    firearm and the firearm is unloaded and in the trunk. In vehicles
    without a trunk, the unloaded firearm shall be in a locked
    container other than the glove compartment or console).
    So that covers traveling through the state in a car. Doesn't it seem like it should be kosher to come through the airport with it unloaded and in a locked case, declared no less?
    "In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." - Mark Twain

    I don't bother with pragmatic statistics while discussing my constitutional rights. The issue is far less complex, to me. Free men should be able to act like free men.

  7. #7
    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by Smith45acp View Post
    So that covers traveling through the state in a car. Doesn't it seem like it should be kosher to come through the airport with it unloaded and in a locked case, declared no less?
    Well, there you go making sense.....unfortunately logic is not a strong suit of NY in general.
    "When seconds count between living or dying, the police are only minutes away."

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    Yes, he has a defense...

    And frickin' NYC is going to make him defend himself in court for defending himself where he came from and was going to, but not in NYC.

    The locals can still prosecute him for breaking their law, and he must show how their law is preempted by federal law.

    He's clearly being harassed.

    With folks like him we're still within the home of the brave, but the land of the free is gone if you have to travel through NYC.

    This may warrant some mass emails, phone calls, etc. Maybe this would take a bit of the gloat off.

  9. #9
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    Its been a few years since this came up, but it has come up before.

    In New York, a few years ago, there was info in the gun world about not taking possession of your luggage during a surprise delay. Even if you are just going to stay in the airport or going to a hotel just overnite and then back to the airport in the morning. It was one of those arcane analyses that looked very closesly at the law. Its been too long, but someone was maybe arrested; I just can't recall.

    It seems to me there was also even a case of the airline insisting the gun owner take possession of his luggage, and the gunowner said, "no way!"

    Its an ambush by police. Nobody who hasn't specifically heard of it is gonna think of it. Think about it, you're traveling from New Mexico and have to switch planes at JFK. Then there is a surprise delay once you arrive at JFK. You're not even gonna think about the gun, you're gonna be focused on straightening out your screwed up travel plans and plans at the final destination, trying to figure out lodging, etc.

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