N830MH

http://www.cnn.com/2013/10/26/us/new...html?hpt=hp_t2

He was being caught before enter security checkpoint. He's tries to bring a rifles & handgun. Unfortunately, he was arrested today. He was on the way to CLT. He will faces charges with two counts of criminal possession of a weapon, two counts of criminal possession of a defaced rifle and two counts of criminal possession of large-capacity magazine. He will never fly again. He will go to jail for that. He will missed the flight.

Always Flyin

Because of idiotic guns law in New York.

Remember, he was trying to check-in the guns--not carry them on board.

The defaced rifle had simply been painted. The serial number was not defaced or obliterated.

The loaded rifle? Well, that's just stupid.

RandomNobody

He was not trying to enter the sterile area with firearms. He was trying to do the proper declarations at baggage check-in. It's just NYC firearms laws are way out of whack with the rest of the country.

And don't take too much stock into "loaded". Some states (like NY) define "loaded" as rounds in a magazine, even if it's not inserted in the magwell, or anywhere near a firearm.

Also, NYC considers the Federal Firearms Owners Protection Act ( 18 U.S.C. � 921, traveling with firearms) an affirmative defense, and not an arrest preemption. They'll still arrest you and you go to trial and cite 18 U.S.C. � 921 and you are declared not guilty, but good luck getting your firearms back. The rest of the country doesn't bother arresting you as they know they can't convict you. There's been several efforts in congress to make it an explicit arrest preemption, but they keep getting it stalled.

N830MH

Yes, real stupid NY laws. I hate it. It's very strict.

skywalkerLAX

So that means you can not travel for a hunting trip to Alaska originating in NYC while carrying your own gun?

cestmoi123

Unless you have a permit for the gun in NYC, no.

Legally, if you're (say) leaving your home in PA, where your firearm is licensed, and you drive straight to LGA, where you check in, then you are legally probably OK, in that you wouldn't in the end be convicted (due to FOPA protection). In practice, you'll likely be arrested and charged, and faced with the choice of either pleading down to a violation (several hundred $ fine, maybe some community service), or going to trial on a charge that can carry a multi-year prison sentence. If you take the deal, you won't get your firearm back.

Short version: if you're planning on travelling with firearms, don't use LGA or JFK.

mre5765

It gets worse.

If you are connecting through a New York area airport from one gun friendly jurisdiction to another, NJ/NY cannot touch you, but if there is an irrops, and you are standed overnigtht and you claim your checked weapons, then you might be toasted on the way to the hotel, but you will be toasted when you check them in the next morning.

In the situation you are best off getting as far away from NJ / NY as possible and never return.

If your plane is diverted to NY/NJ and you have to deplane and collect your weapons you are also toast.

It will be amusing if a biathlon competitor transiting through NY/NY to Sochi is ensnared.

cestmoi123

You're very likely safe picking up your firearms from checked baggage - it's checking them in the next day that presents a problem.

N830MH

No, you can't. They won't let you. Just in case. Leave the hunting gun at home.

Always Flyin

Leave your gun at home when going hunting? So much for the Second Amendment.

cestmoi123

If you think NYC's policy is a Second Amendment violation, you're welcome to challenge it. Nobody thus far (to the best of my knowledge) has done so.

In April, the Supreme Court declined to hear an appeal of NY's concealed carry law (may-issue, not must-issue), indicating it's in compliance with the Second Amendment.

Always Flyin

I moved out of the NYC nanny state last year. I refuse to go through life a government mandated victim of criminals who couldn't care less what the law says about possessing weapons.

That is not the legal effect of the Supremes declining to hear a case.

But you keep telling yourself that limiting the rights of law abiding citizens to protect themselves is a valid government function. When you get mugged and try to sue the police for failing to protect you, don't complain when the courts inform you that the police have no duty to protect you.

N830MH

Yes, I doubt it. He violated of second amendment rights. There is no reason to be arrested him. The cops cannot arrest him. There are no justifications against him. They had no justified. You should not file lawsuit against TSA or Port Authority as well.

Yes, they violation of the second amendment rights. He had it right to put the hunting gun into checked bag. There is no reason to be arrested. They can't be threatened to arrest him. They have no justifications against him.

cestmoi123

Yes, it actually is. It means that the appellate decision is good law.

Caradoc

Not always. Sometimes it just means a procedural failure on the part of the appellant.

Also... SCOTUS occasionally reverses itself on cases for which they've actually ruled previously.