Questions from New Jersey

[jerseytactical]

Question here:

A few weeks back, I posted an article that was in the New York Post, regarding some nonresidents, that wished to check in their firearms as baggage at La Guardia airport. The airline called the NYPD to confirm whether or not the aforementioned firearms were registered in NY. Obviously, they weren't, and the owners were arrested for illegal possession of firearms. Now that being said, as a NJ resident, am I not covered by FOPA if I decide to drive from my residence in NJ, to catch a flight from La Guardia to say, Savannah, GA, where I am legally permitted to carry? I was under the impression, that if my firearm is transported in accordance with FOPA to the airport, to a destination where my right to carry is legal, than NYS law has minimal to no bearing. Anyone care to ponder this?

[press1280]

Question here:

A few weeks back, I posted an article that was in the New York Post, regarding some nonresidents, that wished to check in their firearms as baggage at La Guardia airport. The airline called the NYPD to confirm whether or not the aforementioned firearms were registered in NY. Obviously, they weren't, and the owners were arrested for illegal possession of firearms. Now that being said, as a NJ resident, am I not covered by FOPA if I decide to drive from my residence in NJ, to catch a flight from La Guardia to say, Savannah, GA, where I am legally permitted to carry? I was under the impression, that if my firearm is transported in accordance with FOPA to the airport, to a destination where my right to carry is legal, than NYS law has minimal to no bearing. Anyone care to ponder this?

I'd say you're covered. The problem is, the NY/NJ Port Authority has been the biggest offender of FOPA. The Revell case a few years ago had a Utah permit holder detained at Newark airport, then spent a week in jail only to have all charges dropped without explanation.
When McDonald is handed down, I'd wish someone will nail the crap out of the Port Authority.

[JCWohlschlag]

Question here:

A few weeks back, I posted an article that was in the New York Post, regarding some nonresidents, that wished to check in their firearms as baggage at La Guardia airport. The airline called the NYPD to confirm whether or not the aforementioned firearms were registered in NY. Obviously, they weren't, and the owners were arrested for illegal possession of firearms. Now that being said, as a NJ resident, am I not covered by FOPA if I decide to drive from my residence in NJ, to catch a flight from La Guardia to say, Savannah, GA, where I am legally permitted to carry? I was under the impression, that if my firearm is transported in accordance with FOPA to the airport, to a destination where my right to carry is legal, than NYS law has minimal to no bearing. Anyone care to ponder this?

The problem is that your situation is different from the one being argued in this thread. In your situation, New York state law has no bearing because New York is not the origin or destination state (“place”) of your trip. Even the Department of Justice has stated in a letter to a Congressman that the Firearm Owners Protection Act (FOPA) applies to New York airports when used as stops incident to a journey. I believe there is case law supporting it, as well, although I could not find any directly.

The situation being argued here, however, is whether FOPA applies while still technically in the origin or destination state. Basically, it has been unclear whether it does or does not protect the transportation of a firearm while in the origin or destination state, so the common advice has been to play it safe and abide by state law while transporting in the actual origin and destination states.