Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]
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Originally Posted by
Jhaydeno
Thanks.
Would also like to add on a related note of a 3rd Circuit decision regarding 926A protection when traveling to the airport which seems counter to the linked letter. The decision does not reference the letter so I don't think it was introduced at trial and thus not subject to the 3rd Circuit's consideration.
In essence the decision states that your FOPA protection ONLY EXTENDS to firearms when they are properly secured in a vehicle for transport. Once you remove them from said vehicle the FOPA protection expires. Hence, while you possess your firearms while afoot, there is no FOPA protection and you cannot invoke it as a defense for conduct otherwise illegal in the airport's host state. In essence this would make, with few exceptions, conditions impossible to utilize an NJ airport if you take possession of the firearms during check-in or from baggage claim. It would not affect those transiting through NJ on connecting flights if the firearms remain in possession of the airlines. It also prevents NJ residents from originating/terminating air travel in NJ unless they meet an exemption under NJ statutes.
Some poignant excerpts from
ASSOCIATION OF NEW JERSEY RIFLE AND PISTOL CLUBS INC., Appellant, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, and SCOTT ERICKSON No. 12-3621 Filed: September 13, 2013
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makes clear that the transportation the statute protects must occur in a "transporting vehicle."
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It follows from this plain meaning that an ambulatory plaintiff who intends to transit through Newark Airport is outside the coverage of the statute.
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In light of the plain meaning of the statute, fully corroborated by the legislative history, we hold that section 926A benefits only those who wish to transport firearms in vehicles—and not, therefore, any of the kinds of "transportation" that, by necessity, would be involved should a person like those represented by the Association wish to transport a firearm by foot through an airport terminal or Port Authority site.
Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]
It may be beneficial to note there is a push at the federal level to revise FOPA and help fight the abuses of rights by NY & NJ. HR 131 makes it clear that law enforcement and municipalities can be sued for violations of FOPA.
http://gunfreezone.net/wordpress/ind...fangs-in-fopa/
From the article:
A person who is deprived of any right, privilege, or
immunity secured by this section, section 926B or 926C, under color of
any statute, ordinance, regulation, custom, or usage of any State or
any political subdivision thereof, may bring an action in any
appropriate court against any other person, including a State or
political subdivision thereof, who causes the person to be subject to
the deprivation, for damages and other appropriate relief.
``(2) The court shall award a plaintiff prevailing in an action
brought under paragraph (1) damages and such other relief as the court
deems appropriate, including a reasonable attorney's fee.''.
Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]
HR131 would also expand the transport protection to travel afoot. This is particularly important because of the 3rd circuit ruling (see post#31) which made the initiating of air travel to/from NJ/Pa/DE airports, while possessing a firearm, subject to local/state laws. The ruling, though not effective outside those states, serves as a precedent that could be adopted by other circuits.
Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]
I engage in interstate travel transporting firearms several times a year. I know this is more then the law requires, but this is my routine:
Travel plans - avoid anti-gun states even if it adds on to drive time.
Permits - even though my carry permit might not be recognized in a state I still keep it on me.
Documents - print out of federal transport law, copies of receipts and background checks for each firearm, proof of my destination (usually hotel confirmation), print out of event I will be attending to use firearms.
Transit - all guns in separate locked cases, usually partially disassembled, and with trigger locks. Magazines are all unload and in a separate locked container. Ammo is in a separate locked container in original boxes (although I try to buy at the destination when available).
Also, keep in mind you will only have a problem if you attract police attention to yourself. Go the speed limit and obey traffic laws and you are 95% of the way to avoiding starting any problems.
I have only had one police encounter where I was throughly questioned about my firearms (I was involved in an accident, other guys fault). This was in upstate New York. The cop was very anti-gun and was trying to get me on anything. I'm not sure if he couldn't get a supervisor's approval to make an arrest or if an on call DA declined. I know he tried to get someone to give him the OK. I was not violating the law. I was able to demonstrate that I was protected by federal law and all my guns were clean. I know for certain part of the reason he was unable to get approval was because I had extensive documentation and had everything separate and locked. That made the optics of the case a very hard one. It would have looked like they were trying to "get" a law abiding gun owner (which they were). They didn't want to have to deal with that.
Being prepared might not stop you from getting unlawfully arrested (although in some jurisdictions that read the federal law to be a affirmative defense police might have probable cause to make the arrest and it might not be an unlawful arrest), but if you do get into trouble it will help you out not only in the courts but in the court of public opinion. Most DA's are political animals and most know a bad looking case when they see it. Don't make it easier for anti-gun cops and DA's to get you.
