Pennsylvania Firearm Owners Association
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  1. #21
    Join Date
    Dec 2008
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    Seneca, South Carolina
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    Default Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]

    Quote Originally Posted by twency View Post
    I'm still stuck on how in 921 it's possible to have "commerce between places within the same State" though.
    If "place" means "the whole state," then there can't be commerce between "places" because there could not be more than one place within the state between which to have commerce.

    There can't be more than one distinct "place" within a state if one "place" already encompasses the entire state. There's nothing left.

    These yahoos obviously never took an English class...

  2. #22
    Join Date
    Jul 2007
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    ..............., Pennsylvania
    (Chester County)
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    Default Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]

    An old PAFOA posting of an exchange with the MD AG office that further lends further credence that FOPA may not convey protection in the state of origin/destination.

    http://forum.pafoa.org/concealed-car...ml#post1389168

    Analogous to the situation with NJ residents.
    Last edited by tl_3237; November 23rd, 2011 at 07:55 PM.
    IANAL

  3. #23
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    Oct 2008
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    Toms River, New Jersey
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    Default Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]

    Just returned from the NJ2AS meeting with Evan Nappen as our guest speaker. It was both amazing and informative.

    Now for our question. For starters Evan said there is *NO* case study on this topic, none. But he goes on further to say that all though it's a grey area, Federal Preemption and FOPA would cover you. Also said that your home in NJ is the legal place of possession. We went on to speak about flying out of NJ as well. NO problem as long as you call the airline your flying with, copy their criteria and make a copy of it and bring it with you.

    There were numerous scenario's ask about this topic. Also there was about another 35 people getting their Non resident Florida permits processed that night as well. So I pointed out what should they know about Transporting out of and back to NJ......Bottom line is if and when a case study does happen, he'd win that case.
    The answer to a fool is silence.

  4. #24
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    Nov 2010
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    central, Pennsylvania
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    Default Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]

    Quote Originally Posted by Tequila Sunrise View Post
    Just returned from the NJ2AS meeting with Evan Nappen as our guest speaker. It was both amazing and informative.

    Now for our question. For starters Evan said there is *NO* case study on this topic, none. But he goes on further to say that all though it's a grey area, Federal Preemption and FOPA would cover you. Also said that your home in NJ is the legal place of possession. We went on to speak about flying out of NJ as well. NO problem as long as you call the airline your flying with, copy their criteria and make a copy of it and bring it with you.

    There were numerous scenario's ask about this topic. Also there was about another 35 people getting their Non resident Florida permits processed that night as well. So I pointed out what should they know about Transporting out of and back to NJ......Bottom line is if and when a case study does happen, he'd win that case.
    nice to see someone as respected as Nappen basically agreeing with everything I said.. almost word for word..

  5. #25
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    Default Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]

    Quote Originally Posted by vladtepes View Post
    nice to see someone as respected as Nappen basically agreeing with everything I said.. almost word for word..
    Yes but, having said that this is still NJ and most likely "IF" something were to happen, you run into a police who doesn't know the laws you*MAY* need his services. So what Tl says is not far fetched and is most likely which way the Police and the State would try to go. Evan Nappen is also the attorney who represented Brian Akins. *So again Joining a PA. shooting range should be on the to do list*, and follow the Interstate guidelines to the T. I heard this right from the horses mouth so it's not hear say to *ME*......As added insurance (which gun owners need here) I purchased his revised book as well, so if anybody has any questions in the future (NJ) post them and I'll look them up and report back. He spoke and answered questions for about 3 1/2 hours....it was free, but priceless. Many other speakers on slate Alan Gura being one of many. Hey we're trying like hell over here.....

    *my opinion*
    Last edited by Tequila Sunrise; December 5th, 2011 at 01:46 PM.
    The answer to a fool is silence.

  6. #26
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    Dec 2008
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    Upper Macungie (Allentown), Pennsylvania
    (Lehigh County)
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    Default Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]

    Okay - having gotten a "wild hair....." can I ask your thoughts on THIS scenario?

    Spent the weekend hiking and camping with my son on the Appalachian trail. This is kind of neat in the respect the entire trail is close to 2100 miles in length! My thought (before I get too much older) was to take 6 months and hike the entire thing (probably less than a 1% chance of doing so, but lest ask the "thoughts" anyway).

    It starts in Georgia (covered by reciprocity with my PA, NH, and FL licenses). Goes through TN(ok), NC(ok), WV(ok), VA(ok), MD(NO WAY), PA(obviously ok), NJ(Communist), NY(again communist), CT (have to get a license), MA(have to get a license), VT(ok), NH(licensed), then ME(ok - I think on one of mine).

    So <<if>> I start my trek in GA (knowing this will take 6 months to walk it) and head through "off limits states", what protections if any would you venture to guess a hiker would have (note: before the flames start, Im pretty confident I wouldnt carry in MD, NJ or NY unless there was a total collapse of government).

    I think the only difference is the MODE of transportation, and yes, walking would entail a few stops (inadvertently however) in hostile territory. Thoughts?

  7. #27
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    Default Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]

    FOPA protection (18 USC 926A) only applies to VEHICULAR transport. It would be impossible to comply with it's transport methodology while afoot.
    IANAL

  8. #28
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    Jan 2013
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    Garnet Valley, Pennsylvania
    (Delaware County)
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    Default Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]

    When I retired in NY state and moved to Pennsylvania with my possessions (including firearms, ammunition, reloading equipment and components, i.e., a few pounds of powder and several thousand primers) I bypassed my usual route through New Jersey. I mapped out a route from NY Route 17 to US Route 209 through the Delaware Water Gap and continued on legally to my new home. Stuff happens, and an encounter with police in Jersey with a van full of firearms and ammo is not a good idea.

  9. #29
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    Lahore, California
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    Default Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]

    Thanks for sharing.

  10. #30
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    Dover, Pennsylvania
    (York County)
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    Default Re: FOPA transport protection in states of origin/destination - UNLIKELY [A Report]

    Just a quick new link to a letter that TL3237 mentioned in his second sticky post (the original link seems to have gone belly up!):

    http://www.handgunlaw.us/documents/doj_doc_nyc_air.pdf
    Resistance to tyrants is obedience to God.

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