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  1. #9
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    Default Re: About New Jersey and Transporting/Carrying To PA

    Quote Originally Posted by twency View Post
    Here's the problem, I think. Most of the folks involved in this discussion aren't arguing that a superseding federal law would have no effect if it were in conflict with state law.

    They're saying that the particular federal law under discussion doesn't apply to this particular situation, so there's no conflict between the laws and consequently no federal preemption of state law.
    There is no real evidence that the federal law doesn't apply. If anything, federal automatically supersedes state.

    Where are the people that have been charged and convicted? Are there any? Has anyone ever been charged at all for the practice of taking a handgun from NJ under federal transport laws, then CCing here?

    Has that ever happened? If the answer is no, it's pretty compelling evidence that the practice is accepted by the authorities.

    Quote Originally Posted by vladtepes View Post
    the problem is this.. you can't have it both ways.. the argument is that it does not start till you leave your home state..
    FOPA starts at your home.. or it does not..

    if it starts at your home.. then in this instance the gun is legal to own and carry at the point of origin (in your home in NJ), and would be legal at the destination as well (in PA).. and in that case.. covered..

    if it does not start at your home.. EVERY person who has ever traveled out of state with a gun MUST be going to an exempted location directly from their home in NJ.. the problem with this is that people fly out of NJ all the time with guns and return tickets that are days away (obviously not directly to or from any exempted location)..

    the argument is NOT if you have to travel through multiple states..
    the argument is instead if it starts at your home or when you cross the border..

    as observed in practice.. it starts at your home..
    I agree with this position completely.
    Last edited by Valorius; August 21st, 2012 at 10:05 AM.

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