FOPA transport protection in states of origin/destination - UNLIKELY [A Report]

[tl_3237]

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

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

makes clear that the transportation the statute protects must occur in a "transporting vehicle."

It follows from this plain meaning that an ambulatory plaintiff who intends to transit through Newark Airport is outside the coverage of the statute.

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.