Reform in NYC
Imagine an upstanding citizen who’s gone through the background check etc. to get a carry permit in another state and is flying with the gun safely checked in his luggage — until the plane is forced to land at JFK because of mechanical problems, obliging the traveler to spend the night here. He asks where to check his weapon and is immediately arrested … That’s not a nightmare, it’s the existing law in New York state. Reform is needed, now
One time, I was stuck in Dulles with a couple of ARs and handguns. I kinda started freaking out since I was in DC, I thought. I realized I was in VA.
January 5th, 2012 at 10:34 am
Sadly the lesson in this story is that contempt for these laws is the path of least resistance. If he hadn’t tried to respect the gun laws of rights trampling regimes like NYC, he would never have been arrested in the first place.
January 5th, 2012 at 10:52 am
Don’t touch your bag.
Go to the airline and demand they retain custody. They contracted to deliver it to a destination – demand that they do so. And if you have to, explain why but do not retake possession. The bag and its contents are, technically, theirs. You do not have firearms: they do.
FYI: Both major Chicago airports are within the City of Chicago. If your flight is diverted there, same rule – do not take possession. At some point, the airline will take the case off the carousel and keep it with other unclaimed baggage. It will remain in their possession.
And carry your attorney’s name and telephone number. In my wallet, in thus order, I have my Driver License, my concealed carry permit and my attorney’s information.
January 5th, 2012 at 11:25 am
Technically. the airline should be liable, they are knowing transporting the guns.
January 5th, 2012 at 11:37 am
“I kinda started freaking out since I was in DC, I thought. I realized I was in VA.”
Actually, you’re really screwed. Dulles is federal property, not VA. Posession of so much as a nice folding knife is forbidden.
Now National Reagen is in VA, but actually belongs to DC.
Go figure. All for the benefit of Congress.
Ain’t life grand ?
January 5th, 2012 at 2:26 pm
Would FOPA apply if you claimed the bag, walked directly to a car rental counter, rented a car and drove directly out of the locale where guns were banned?
January 5th, 2012 at 2:27 pm
NYC ignores FOPA completely.
January 5th, 2012 at 4:31 pm
Technically, it’s Port Authority that ignores FOPA completely; their remit covers the Newark airport as well and there was a 1983 suit about it (lost). Though in that case the Essex County prosecutor dropped charges almost immediately.
January 5th, 2012 at 9:18 pm
So they ignore FOPA. Anyone discussed the supremacy clause in court there yet? Naming positions ( AG, Sheriff, Cop, Deputy, etc) and individuals (by name, badge #, etc) yet? If not, why not? Because an attorney says it’ll never fly? then get a new attorney. File charges against the perps in law enforcement. Create a publicity storm.
Well? Has being polite worked yet?
January 6th, 2012 at 11:46 am
Suit went to court as a civil rights case and was lost. Final decision was about a year or two ago. http://www.law.com/jsp/tal/PubArticleTAL.jsp?id=1202446729744, Revell vs PANYNJ etc. plenty of discussion at the time. Hinged on whether the cops should have known about FOPA, basically.