travel to florida through NJ airport

[Sledgepa]

Driving from Pa traveling to a N.J. Airport enroute to Florida. I have with me Pa LTCF and a non resident CCW from Florida. A file with Airline firearm policy, N.J. transportation and gun laws, TSA regulations. Pa and Fl hand gun law.us. Paper work for the purchase of the firearm and a safe with ammo, magazines and the firearm locked up. Thoughts? Thanks in advance.

[tl_3237]

Driving from Pa traveling to a N.J. Airport enroute to Florida. I have with me Pa LTCF and a non resident CCW from Florida. A file with Airline firearm policy, N.J. transportation and gun laws, TSA regulations. Pa and Fl hand gun law.us. Paper work for the purchase of the firearm and a safe with ammo, magazines and the firearm locked up. Thoughts? Thanks in advance.

You seem well prepared and shouldn't have any problems provided you remain faithful to the FOPA transport methodology (18 USC 926A) while in your vehicle and TSA/airline rules at the A/P check-in.

Here's a US Asst AG memo on an analogous situation for travelling through NY A/Ps.
It may be a useful addition to your library:
http://www.nraila.org/media/2423883/DOJltrTSA.pdf

18 USC §926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

[rensdd]

I never flew with my handgun, the only thing I would suggest, is contact the airlines you are flying with and get their policy & regulations.

[donm]

I've flown with a firearm several times, but would never take one on a flight to/from/through NJ or NY. Anywhere else and you'd be fine. A lot can go wrong. Do some research on the case of Gregg Revell. He was flying from Utah through Newark, and was delayed and had to spend the night. When he declared his firearm upon arrival at the airport the next morning he was asked for his NJ permit and things went downhill fast from there. Cost him a lot of legal expense, a lot of time (a couple of days in jail), and a year without his gun. Another risk is that NJ has a 15-round magazine capacity limit, and FOPA arguably only covers the gin itself.

[tl_3237]

I've flown with a firearm several times, but would never take one on a flight to/from/through NJ or NY. Anywhere else and you'd be fine. A lot can go wrong. Do some research on the case of Gregg Revell. He was flying from Utah through Newark, and was delayed and had to spend the night. When he declared his firearm upon arrival at the airport the next morning he was asked for his NJ permit and things went downhill fast from there. Cost him a lot of legal expense, a lot of time (a couple of days in jail), and a year without his gun. Another risk is that NJ has a 15-round magazine capacity limit, and FOPA arguably only covers the gin itself.

Revell was travelling from UT to PA through NJ. He missed his connection to PA from NJ through what can only be described as a comedy of errors. Having to wait for the next flight in the morning, he checked into a local NJ hotel with his luggage containing a properly TSA checked handgun. The next AM he reported to the airport and again declared the handgun. Based on some more in-fortuitousness circumstances he was arrested by Port Auth. police for violating NJ firearm laws.

Although his NJ criminal complaint was eventually dropped, he wound up in the 3rd circuit on a s.1983 suit. While he lost the suit, the 3rd circuit did give some insight that, had Revell left his firearm in the FOPA 926A transport mode (leaving with the airlines or police), he would have continued under the 926A protection umbrella which he had prior to his hotel check-in.

Of interesting note is that Revell, upon Newark check-in the next day, was asked by the police if his Utah license was good in Pa - he was either unwilling or unable to answer, remaining mute. One could only wonder whether the check-in would have proceeded without untoward consequences if he took the time to learn where his license was reciprocated and was prepared to authoritatively reply to the police inquiry. Further note was that he intended to drive his Allentown acquired car back to Utah while carrying his handgun - again showing a lack of knowledge as to the limits of his licensure.

FWIW and IMO, Revell was properly charged for violation of NJS 2C:39-5b because he took his handgun out of FOPA transport protection to his room overnight in an NJ motel! Upon resuming his trip the next day he would have to requalify for FOPA protection with NJ as his state of origin where his possession and carry was illegal.

Your point about magazine capacity is correct. I would also add for the OP not to possess any HP ammo in NJ.

[CrazyWhiteGuy]

When I flew with a couple of rifles from PA to FL and back, I remember reading that the airline can refuse to transport the firearms. What is your plan B if the airline there resuses your gun?