12-18-2011, 10:20
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#16
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Quiet Professional
Join Date: Jan 2004
Location: Free Pineland
Posts: 24,823
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I think he was complying with the law as he understood it and this will be a good test of NY's law. The NRA, GOA, and others should weigh in on his behalf. The current SCOTUS would, IMHO, based on recent precedents, rule for the individual, should it ever get there.
Hell, the ACLU should as well, except that they do not respect the Second Amendment.
If the charges stick, as a convicted felon, he will lose his Second Amendment rights.
Really ballsy move, if he did it deliberately.
TR
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"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat." - President Theodore Roosevelt, 1910
De Oppresso Liber 01/20/2025
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The Reaper is offline
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12-18-2011, 10:24
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#17
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Area Commander
Join Date: Jun 2008
Location: Occupied Wokeville
Posts: 4,653
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Quote:
Originally Posted by tom kelly
the THIEF the former Gov. Corzine the same person who just lost 1 BILLION dollars of investors money was the US Senator and later Gov. of NJ.
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Amazing he just ' lost' 1 billion dollars.....it is no wonder why the likes Corzine and Bloomberg are so concerned for our personal safety and firearms.
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When a man dies, if nothing is written, he is soon forgotten.
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Paslode is offline
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12-18-2011, 12:55
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#18
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Guerrilla Chief
Join Date: Jan 2009
Location: Omaha, NE
Posts: 694
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If it's legal where you're coming from and legal where you're going to, then you're good to go for all points in between. If I'm coming from here and going to FL, and I've got an SBR, and I have a layover in NYC, I'm ok. If my destination with my SBR is NYC, I am not ok.
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DJ Urbanovsky is offline
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12-18-2011, 14:45
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#19
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Asset
Join Date: Apr 2004
Location: Phoenix, Arizona
Posts: 48
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If you are transporting a firearm from Florida to say Ohio with a stop over in NCY and if that stop over is just to transfer to a different plane/airlines, and the gun container is moved by the baggage handlers, then you are OK. This is the same as driving through NYC on your way from Virginia to Connecticut with a firearm locked in your trunk.
However, if you remove the gun container from the airport and transport it to your hotel room and keep it there for 3 days while you are sight seeing, then you are in violation of the law.
The grey area here might be that the gun container was back in the control of the airlines when he was arrested. But, it seems to me that the police can readily prove that he had possession of his firearm while in NYC for 3 days.
This guy is an attorney? He was just hoping that he wouldn't get caught. I can't imagine any higher purpose here.
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WRMETTLER is offline
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12-19-2011, 09:06
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#20
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Area Commander
Join Date: Jan 2011
Location: Western WI
Posts: 7,006
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Quote:
Originally Posted by DJ Urbanovsky
If it's legal where you're coming from and legal where you're going to, then you're good to go for all points in between. If I'm coming from here and going to FL, and I've got an SBR, and I have a layover in NYC, I'm ok. If my destination with my SBR is NYC, I am not ok.
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Some may want to read this and see if they're willing to put themselves through the travails of "being in the right."
(The list of people in WI who got jammed up while being in the right - when open-carry was the only legal avenue - by officers ignorant of the law is a long one.)
It shouldn't have to be that way, but big-boy rules apply; jes' sayin'.
Last edited by Badger52; 12-19-2011 at 09:07.
Reason: punctuation
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Badger52 is online now
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12-19-2011, 09:47
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#21
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Auxiliary
Join Date: Apr 2009
Posts: 71
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Reality Check
He is OK if he checked it in a locked box in transit.
If he had ammunition in the mag or in the case, he goofed.
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Jefe is offline
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12-19-2011, 10:07
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#22
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Quiet Professional
Join Date: Feb 2008
Location: State of confusion
Posts: 1,567
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you are all missing a very important point: Just what the heck is the TSA doing enforcing STATE law? They shouldn't give two hoots about the cat unless he is violating one of THEIR laws. It sounds like there is more to this story as I doubt they had jurisdiction to enforce State law. They probably saw it and called over one of the Staties or local dudes who then balled him up. Pretty shitty behavior if you ask me.
and - BTW - you CAN have ammo with it as long as it is packaged appropriately. I've flown lots of times wherein the magaizine satisfied the description, (just not IN your weapon).
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JimP is offline
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12-19-2011, 11:41
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#23
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Asset
Join Date: Apr 2004
Location: Phoenix, Arizona
Posts: 48
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This guy lost his case both at the trial court and 3rd Cir. Court of Appeals level. He's trying to appeal to the Supreme Court.
The Courts have ruled that when he removed the locked case from the airport to his hotel room, kept it over night in his hotel room in NJ (where he had access to it) and then tried to re-check it in to the airport the next day, he violated the NJ state law.
The Court ruled that the federal law did not apply, because it had 2 elements that must be satisfied.
1) possession of the weapon must be permitted in both states where the traveler is starting and ending, and 2) the firearm must not be readily accessible during the trip.
He had access to the weapon while staying in the hotel room. He lost. Had he kept the locked case at the airport in storage, he probably would have won the case.
His firearm are returned in July '08.
The TSA discovered the gun in the case as it was being re-checked into the airlines. However, a local NJ officer arrested the man. This seems to me to be a reasonable procedure. The arresting officer was sued for doing his job, and had to participate in the litigation. He was dismissed as a result of this ruling.
The NJ gun rights group still has its lawsuit going.
Last edited by WRMETTLER; 12-19-2011 at 11:43.
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WRMETTLER is offline
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01-02-2012, 00:16
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#24
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Guerrilla
Join Date: Dec 2006
Location: Atlanta, GA
Posts: 243
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I *wish* the Supremes would accept and issue a pro-2A ruling, but I have little faith that will happen.
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Sionnach is offline
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