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February 10th, 2022, 03:13 PM #1
Flying from Baltimore (BWI) airport
Hey all, when flying to a destination that has reciprocity with PA LTCF does FOPA cover driving to BWI airport and checking the firearm or does FOPA discontinue the moment you park your vehicle at the airport and now violating MD law? I know of course it’d be easier to fly out of a PA airport but for this trip I didn’t have a choice in the airport. Thanks for the info.
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February 10th, 2022, 04:28 PM #2
Re: Flying from Baltimore (BWI) airport
FOPA technically should cover you, but unfortunately we've heard MD likes to arrest first and let the courts work it out.
That said, I've flown out of BWI and Dulles a few times with declared firearms on Southwest and never had an issue. I choose a desk that doesn't have a ton of people around it, and confidently walked up, smiled, greet the lady, and say "I have a firearm to declare". Sign the paper, lock the bag, and watch the luggage disappear. no issues...Resistance to tyrants is obedience to God.
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February 10th, 2022, 05:26 PM #3Active Member
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Re: Flying from Baltimore (BWI) airport
Don*t do it!!!!
You*re not legal in Maryland or JFK, Newark, LaGaurdia
Fly out of Philly, never had any issues.
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February 11th, 2022, 10:53 AM #4
Re: Flying from Baltimore (BWI) airport
The 3rd Circuit (PA, NJ, DE, Virgin Islands) has already said that FOPA ends the moment you possess the firearm afoot - even though you are merely changing your mode of transportation like walking from A/P parking lot to terminal or anytime afoot in the terminal.
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. Here, the Association seeks injunctive relief that would permit its nonresident members to travel "unmolested" through Port Authority sites such as airports. Self-evidently, such travel must occur outside a vehicle, and thus will, in every instance, bring the Association's members outside the particular class of persons to whom Congress intended to confer a right under section 926A. Consequently, the Association has no federal right to invoke and thus cannot avail itself of section 1983.
ASSOCIATION OF NJ. RIFLE CLUBS v. Port Authority
730 F. 3d 252 - Court of Appeals, 3rd Circuit 2013
MD is in the 4th Circuit and not bound by the 3rd's decision but could be predisposed to adopt it should the issue arise before them. Prudence dictates that you do not reply on FOPA except when in continuous vehicle transport mode in intervening states. Once the firearm is removed from the vehicle you can be held to any laws of the instant locality.IANAL
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February 11th, 2022, 01:37 PM #5Grand Member
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February 11th, 2022, 04:08 PM #6
Re: Flying from Baltimore (BWI) airport
Do not do this.
Don't.
Hard stop.
Go directly to jail. Do not pass go. This is not a euphemism. I mean actual jail.
Maryland does not give a crap what your constitutional rights are. Laws are loose guidelines there.
If a transit cop sees the firearm and decides to arrest you, then a DA can decide to prosecute you...none of it may be legal. But they will do it anyway.
I live 2 miles from the MD line. I go to MD often. I have been carrying in PA, needed to jump over the line for something quickly many times, but will ALWAYS go back to my house to leave my firearm before crossing the border.
I lived in MD for 43 years. I know better than to try it for even a minute.
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February 11th, 2022, 07:05 PM #7
Re: Flying from Baltimore (BWI) airport
odd...I fly in and out of Chicago often------------checke firearm many a time---never an issue ---but I agree----NFW thru NY/NJ/MD
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February 13th, 2022, 09:31 PM #8
Re: Flying from Baltimore (BWI) airport
Thanks for the input everyone, guess this trip will be an unarmed one!
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February 14th, 2022, 02:16 AM #9
Re: Flying from Baltimore (BWI) airport
Take a wheelchair to the airport with you.
Yes, I'm being cute, that said, it would be legal and just as stupid as the laws themselves.The Hostler
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February 18th, 2022, 08:21 AM #10
Re: Flying from Baltimore (BWI) airport
Has anyone flown out of Newark lately with a declared handgun? Or is it still a no no ? And of course on the return flight back to Newark. Legal in Pa to Fl. But leaving out of Newark. What are the options to flying with it ? Can it be shipped to address in Fl? Can it be shipped or do you need to use a ffl ?
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