Big lawsuit coming to NJ--Gun owner unlawfully jailed

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Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
 
and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Sounds like he took his luggage to a hotel and brought it back the next day. Don't think he was covered.

I'm not saying it's right - New Jersey's hatred of freedom is repugnant to me. But I don't hold out alot of hope that he'll prevail.
 
How about some of you NJ haters help us out. Check out and join the NJCSD. WWW.NJCSD.ORG.

It's a NJ based grass roots organization fighting for NJ gun rights. Stop hating and try do do something positive for a change. :banghead:
 
PLEASE throw $$$$ NOT rocks!

It might open the eyes of the anti-gun faction in NJ if the Utah man bankrupts the state.

Heh, have you seen how the corruption and mismanagement of NJ has put it preciously close to being bankrupt? I ask myself how EVERY DAY how the corrupt KEEP getting elected - more corruption, the ineligible vote - including the DEAD, those who never re-register after moving: the list goes on.

Yes the NJ courts NEED to be filled with suits by 2nd Amendment supporters, but there are no deep pockets to help us fund the coffers to propagate and run the suits.

NJ needs help, Mauser88 is correct, NJ's grass rooted www.NJCSD.org needs money, donations, members and volunteers to win back OUR U.S. and GOD given rights.

Please throw some time, money, support to US - we too are part of the U.S.


Thank you.
 
ANJRPC has named itself as a plaintiff. If the court denies that, they might be able to continue on a contingent-fee basis. Good on them either way.

However, NJCSD isn't affiliated with ANJRPC. The sole focus of NJCSD is self-defense. We need members and money.

+1 Lion_dog.

- NF
 
The interstate transport provision of the FOPA trumps ANY state laws that conflict with it.
If you're driving, that is true. I don't believe the FOPA was meant to apply to air travel. The "glove compartment or console" part seems to make that clear.

Even if it can be stretched to apply, his gun was not stored outside the passenger compartment, or in a locked case within the compartment. He had no vehicle at all, so I don't see any way for McClure-Volkmer to protect him.
 
Should've Checked....

This is from the NRA website....

Travelers should be aware that New Jersey, New York and Massachusetts do not follow the regulations established for interstate transport.
 
Then those 3 states should be expelled from the union and the cities burned to the ground like Sherman did with the south when they didn't want to play by federal law.

If those dictators there refuse to abide by the Firearms Owner Protection Act then it means people are free to manufacture brand spanking new MachineGuns in those states. The MG ban was also part of the same law that they don't seem to care about enforcing.
 
Then those 3 states should be expelled from the union and the cities burned to the ground like Sherman did with the south when they didn't want to play by federal law.

I like it! :D
 
"Hello, NRA? I'm in the Essex County Jail on a gun possession charge. (click) Hello. Hello?? Hello!!!"

_______

The ANJRPC is an NRA affiliated club. I guess the NRA is throwing in a couple of bucks to run this complaint past a federal judge.

I suspect that the complaint was filed, not because of NJ gunowners, but for out of state gunowners who belong to the NRA and have been complaining to their state NRA clubs. NJ gunowners have long been ignored by the NRA.

Hopefully, the federal judge will clarify the federal rules for the Port Authority police. I doubt the poor guy who got caught up will get much money.

NJ is not named in the suit. NJ is NOT on the hook here. Only the Port Authority and the policeman are named.
 
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This is a weakness in the McClure-Volkmer act. Certainly being delayed by a missed flight connection and having to spend an unanticipated night in a hotel near the airport should be considered to be in the normal course of travel. But the act apparently didn't contemplate air travel, because of all the specific discussion regarding how to carry a firearm in a private motor vehicle.

I believe this is a watershed test case. If the guy goes down, it's obvious that the FOPA is seriously in need of repair. On the other hand, if he wins gun owners will have achieved a significant victory.

On another note, you really have to wonder about the mentality of an LEO who would bust a respectable citizen who is legally declaring his firearm on his way OUT of the jurisdiction. Doesn't make sense.
 
Leaving aside whether the law applies to air travel, the lesson is that if you are diverted or delayed to a NJ or NY airport you should refuse to collect your checked luggage. Have the airline hold it and put it on the flight the next day. And you shouldn't fly in or out of a NJ or NY airport if you want to take a firearm.
 
NJ is a Mob State.
So voting doesn't help. the outcome has been prearranged.

G
 
Scott Bach will be discussing the lawsuit on Clear Channel Radio this weekend:
ANJRPC on Clear Channel Radio Sunday, March 5, 2006

ANJRPC President and NRA Board Member Scott Bach will be a guest on the radio program "Issues & Ideas with Chris DeBello" (http://www.chrisdebello.com/) on Sunday, March 5, 2006 at approximately 7:15 a.m. The segment will last approximately 15 minutes. Scott will be discussing issues related to ANJRPC's new lawsuit against the Port Authority.
The program will be broadcast on the following radio stations that reach Northern New Jersey, Southern New York, and Northeastern Pennsylvania: WNNJ-FM 103.7, WNNJ-AM 1360, WSUS-FM 102.3, and WHCY-FM 106.3. An online audio stream is available at http://www.wsus1023.com (click on "Listen Live")
- NF
 
ANJRPC is the state NRA org but not sure that they are behind it all the way.

We have traditionally been ignored by the NRA and the ANJRPC has been a rather anemic supporter of our second amendment rights.

Even their range rules (no holsters, no rapid fire - unless you are one of the uber citizens) are anti CCW. How can I as I cititzen practice CCW skills at the state NRA org range with rules like that?

Up until last year they forbid anyone under 18 from shooting a handgun.

How can we raise the next generation of shooters if we have to wait till they are 18 to get them shooting?

I am hoping that Scott Bach will help clean out what was more of a retirement club and change it into an active political organization.

I've voluntered to help them - still waiting for them to take me up on it.

In the meantime . . . .shopping real estate in PA . . . . :D
 
Read about this recently. Seems "interesting", and re whose ox ends up gored, might well prove instructive, respecting the possibility of clearly showing that the game is completely rigged against the citizen, or that there is some chance, however small it might be, of working within the system.

Time will tell, all else until that juncture is reached, is speculation.
 
New Jersians tolerate corruption the way drunks tolerate drink. This state is a mess politically and financially and the favorite tool the filthy politicians of this state have to ply the masses with is fear of gun violence.
 
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