What happened in NY to a fellow with legally checked firearm in baggage, TSA notified

[a1bigtuna]

I heard that someone had a handgun that was just traveling through NY on an airline and had the TSA notification paperwork stating the unloaded gun was legally in his hold baggage and was arrested!!!

How can this be with the proper form filled and filed? Does NY trump all other laws?

 

[nymoose]

In a word.....yes, especially in New York City. At least they feel that way, and unfortunately I do not see that changing anytime soon.

 

[Treo]

I heard that someone had a handgun that was just traveling through NY on an airline and had the TSA notification paperwork stating the unloaded gun was legally in his hold baggage and was arrested!!!

How can this be with the proper form filled and filed? Does NY trump all other laws?

And yet one more internet myth is born

 

[a1bigtuna]

What do you mean an internet myth is born? I just heard about it on a news show, do you know it is not true? I understood a lawyer on the show indicated the person would likely go to prison. I did not state that I knew it to be true, just asked if anyone knew. Would like to know if it is real, not just a blank statement with no sort of back up details.

 

[nymoose]

The story is true (Mark Meckler, tea party leader, arrested with gun - Tim Mak - POLITICO.com). The weapon was unloaded, in a locked case, and in his checked luggage. This puts NYS law against the Federal Firearms Owners Protection Act.

 

[SteakNEggs]

There is no "TSA Paperwork". You declare to the airline that you are carrying a firearm, I then take or watch my bag go to the TSA and I stick around in case they need inside of it, or to see inside the firearm case (never have).

The most you get from the airline is a tag you stick in the case holding the firearm, or sometimes I just put it in my suitcase if the airline didn't make me open up my gun case.

This seems to happen quite a bit! Link Removed

 

[a1bigtuna]

Thanks for someone that actually knows about it instead of just making an un-founded statement about something being just an internet myth. That is the name that I remember being talked about on the myth radio program.

 

[titaniumman]

I think he was legal in Cali. where he was from, but not legal in NYS. I believe the law is, if you are passing thru to another state that you are legal to carry, from a state that you are legal to carry. You are ok to pass thru. His final stop was NY. He was not lisenced to carry or posess in NY. That is where he went astray of the law.http://www.nytimes.com/2011/12/16/nyregion/tea-party-group-leader-is-arrested-at-la-guardia.html#

 

[a1bigtuna]

It seems strange that he was not possessing in NY, that is unless he unpacked in NY and actually had hands on in that state. I can not remember if he just landed in NY on the way to somewhere else. Either way, it is something for all of us to take heed of. Laws are crazy enough in Kalifornia here, but to let one's guard down and get caught up in something like this....well, is just like the possibility we have here with transporting guns. TSA ruined my suitcase leaving from San Diego a couple of months ago, inspecting due to my TSA paperwork stating handgun inside. Still have not heard from my claim.

 

[Turkules77]

The way I remember the story was he was stopping in NY on a layover, but missed his connecting flight to his final destination. He ended up having to stay in NYC. When he took possession of his firearm there, he was arrested This is just off the top of my head and could be completely wrong, but its all I can remember.

 

[a1bigtuna]

Thanks, knowing this could save some of us a real problem in the future, I do travel through there, and now will pay attention to this possibility more than I would have. Just have not been stranded in NY, but Boston many times. Good to know this.

 

[titaniumman]

Here is the story.http://www.nytimes.com/2011/12/16/nyregion/tea-party-group-leader-is-arrested-at-la-guardia.html#

 

[Tucker's Mom]

The safest way to travel with your gun if you know you are passing through NY is to just send it ahead of you via parcel post.

 

[sdprof]

Meckler, who had been in New York since Sunday,

Had he just been transiting, he'd have a defense (which is how NYC sees it.) But being in the city for several days...he's in hot water.

 

[Turkules77]

Here is the story.http://www.nytimes.com/2011/12/16/nyregion/tea-party-group-leader-is-arrested-at-la-guardia.html#

AH, didn't realize the story was recent. This was the story I was referring too:

SCOTUS Declines to Hear Airport Gun Arrest Appeal

 

[Crazy bird]

What fool would go to N.Y. anyway ! The only thing good that I remember of it is 18 yrs. of good bowel movements !!!!!!

 

[nogods]

The way I remember the story was he was stopping in NY on a layover, but missed his connecting flight to his final destination. He ended up having to stay in NYC. When he took possession of his firearm there, he was arrested This is just off the top of my head and could be completely wrong, but its all I can remember.

Meckler arrived in New York on December 11, 2011. He was arrested at the airport on December 15, 2011.

"The tea party leader’s lawyer argued that he was “in temporary transit through the state of New York"

If Meckler's airline tickets were for a round trip to and back from New York then he either needs a new lawyer or a new story, or both.

 

[50SR9]

Makes me wonder what states that have that outlook are afraid of, criminal or the honest voting citizens?

 

[nogods]

AH, didn't realize the story was recent. This was the story I was referring too:

SCOTUS Declines to Hear Airport Gun Arrest Appeal

The problem isn't law enforcement, it is the law. Write your congressman to change it.

This is from the opinion of the 3rd Circuit. The key is that FOPA didn't apply to his circumstances. He's lucky the charges were dismissed because he could have been convicted (although it would have been risky for the DA to take such a case before a jury.)

This case highlights why states can't be allowed to stand in the way of national issues, whether they be firearms possession or health care.

According to Revell, his arrest was unlawful because he was in compliance with a provision of the Firearm Owners' Protection Act ("FOPA"), 18 U.S.C. § 926A, which allows gun owners licensed in one state to carry firearms through another state under certain circumstances. Because we conclude that, at the time of his arrest, Revell's conduct did not bring him within the protection of that statute, we will affirm both the dismissal of his § 926A-based claim and the grant of summary judgment to the Port Authority and Erickson on Revell's closely related Fourth Amendment claim. We will likewise affirm the grant of summary judgment against Revell on his due process claim under the Fourteenth Amendment.[/qoute]

 

[ricardo900]

I remember a conversation I had with a Port Authority officer at La Guardia Airport NYC. I asked him would I be able to bring and check-in my firearm on a NYC "premise" permit? He said NO! You will be in trouble for "carrying a firearm" on a "non-carry" permit, even though it's in a locked case you are still carrying the firearm. Those airports are very close to Long Island and technically a New York State resident can't bring his firearm to the airport either, due to state residents can't bring their firearms into nyc.

Jeeeeeshhh! Glad I moved.