M14 Forum

philip26p · December 15th, 2011, 05:13 PM

http://www.foxnews.com/politics/2011...est=latestnews. Dose the port authority know what concealed carry is, when a gun is in a lock box it is not concealed carry. He may have been in violation of NYC unconstitutional laws regarding guns but, he was not carrying according to the airport. So again WTF!!!

GARRARD · December 15th, 2011, 05:30 PM

I read a story like that not too long ago where some poor got nabbed for that in New Jersey because of a layover. Even when people follow the rules about flying with a weapon to the letter, they still seem to get arrested. I wouldn't bother.

2ndamndmnt · December 16th, 2011, 03:41 AM

a nation wide carry law would end all the stupidity, but that makes too much sense

art7 · December 16th, 2011, 04:50 AM

I'm with Phillip. Since when does a gun in a locked gun case constitute concealed carry?

CAVman · December 16th, 2011, 05:40 AM

Read This...

http://lipstickunderground.blogspot....ted-at-ny.html

If He rolls over and pays a fine...He's A Wussie.

If He FIGHTS IT! Takes It All The Way, Baby! Hell, I'll Donate To His Defense!

CAVman in WYoming

CHARLIED308 · December 16th, 2011, 08:10 AM

I would donate to his defense fund.

m0nkee221 · December 16th, 2011, 09:17 AM

Not to hijack...but I returned from deployment on the 10th to Norfolk. My friend picked me up who had been 'baby-sitting' my toys. Since I live in TN and would be driving back to VA I wanted to have my 1911 with me. For those who have never flown with a firearm, when you arrive at the airport to check-in, you HAVE TO declare the weapon. There will be a 3x5ish sized orange card you have to sign and it goes INSIDE the case/container of the weapon. Well, when I got to the airport (needless to say, my head was concentrating on getting home to my wife, 4 yr old and new born boy I hadn't met yet) I declared the weapon. The lady at the counter never gave me the card to sign and put in the case. When I took my sea bag to the scanner they asked for the keys to the case to inspect the gun. They noticed that the declaration wasn't there. HOLY CRAP! I was detained because of knowingly trying to transport a firearm on an aircraft without declaring it at check-in.

Long story short, after 20 minutes it got sorted out and the lady that checked me in owned up to the mistake. The most important lesson from this is that it is YOUR responsibility to declare a firearm and it is YOUR responsibility to ensure they give you a declaration form and it gets put in the case.

Hope this info helps someone and prevents others from being detained and possibly worse.

~Chad

LemmyCaution · December 16th, 2011, 10:24 AM

FOPA is an affirmative defense against prosecution. It will not protect you from getting arrested in the first place. It will only save your bacon once you are in court and thousands of dollars out to an attorney.

Never fly through NYC/Newark with a firearm, if it can be avoided.

philip26p · December 16th, 2011, 10:45 AM

Well I’m glad to hear that it sounds like he is planning on fighting the illegal detainment of himself and confiscation of his firearm.
On a side note anyone know if there is a sight of airports infringing on our rights? If I remember correctly LAX is another one that will illegally detain you and confiscate your firearm.

hieneken49 · December 16th, 2011, 11:02 AM

NYS law says you cannot even touch a handgun in NYS without a NYS pistol license. The article is written crappy, he was prob charged with possession of a unlawful handgun, not concealed carry. Sucks, but that way NYS is.

M21guy · December 16th, 2011, 11:11 AM

It's the same BS just a different day. I'm with the guy that suggested a national carry law that make it uniform across the nation. Texas probably has it right with theirs, just adopt it nationally, and run with it.

Whatsinaname181 · December 16th, 2011, 11:34 AM

Sad state of affairs, indeed.

angelonm · December 16th, 2011, 12:08 PM

New York land of taxes and lots and lots of laws,codes and repression. It cost more here to get a lot less. I cant wait to retire and leave.
He was probably charged with criminal possesion of a weapon in the 2nd degree. Penal Law 265.03 . It is a class C felony

§ 265.03 Criminal possession of a weapon in the second degree.
A person is guilty of criminal possession of a weapon in the second
degree when:
(1) with intent to use the same unlawfully against another, such
person:
(a) possesses a machine-gun; or
(b) possesses a loaded firearm; or
(c) possesses a disguised gun; or
(2) such person possesses five or more firearms; or
(3) such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven of section 265.02 of
this article, constitute a violation of this subdivision if such
possession takes place in such person's home or place of business.
Criminal possession of a weapon in the second degree is a class C
felony.

It has nothing to do with how he possesed it.

philip26p · December 16th, 2011, 01:43 PM

Angelonm how would that law apply: His firearm was unloaded, in a sealed and locked transport case.

angelonm · December 16th, 2011, 03:03 PM

i am not saying it applies.. I checked Webcrims and this is what it told me.
Anyone can

http://iapps.courts.state.ny.us/webc...ttorneyWelcome

This is how New Yorks criminal justice system works.
Charge this and we can get plea to that.....
For disclosure i am a member of New York State Law Enforcement Community.
What i am trying to say is only the Queens District Atty. knows why he charged him with that crime. The DA will get lots of press and the defense atty will make lots of money...... are you kinda getting it now.
BTW what you read in the newspaper and what is written on the internets may not be actually what happened. Only the AO and the defendant were there.