Is NYC Honoring FOPA at Its Airports?

[bushmaster1313]

No plans to travel by plane but curious nonetheless

Is this real? http://www.nraila.org/media/2423883/DOJltrTSA.pdf

 

[smalls]

FOPA covers you while travelling THROUGH, not stopping.

 

[SMMAssociates]

Just IMHO, but I don't think NYC is honoring FOPA, period.... Or at least they don't want to.

Plenty of stories (sorry, can't cite) where individuals have ended up forced to lay over in NYC or NJ and had to claim their luggage. When trying to check in the next day, they were arrested, and the weapons confiscated.

(Seems to be no issue if you don't claim your luggage, but I wonder if it'd spend the night wandering about the baggage claim area on the carousel .... Not to mention some clean undies, meds, etc.)

Bloomie's fault, IMHO....

Regards,

 

[swinokur]

It's real but who knows what the PA cops will do. You can beat the rap but not the ride.

If you get stuck at the airport, DO NOT take possession of your firearm. Leave it with the airline.

SCOTUS upheld a conviction for a guy who took his bag and went to a hotel. They ruled your FOPA protection ends when you take possession of your bag because you have access to your firearm.

Google Revell vs Port Authority of NY and NJ.

 

[alsaqr]

FOPA covers you while travelling THROUGH, not stopping.

If you get stuck at the airport, DO NOT take possession of your firearm. Leave it with the airline.

Bingo!!
If you find yourself stranded at JFK, LaGuardia, or Newark do not claim your bag if contains a gun. The NRA has been warning about this for least ten years.

BTW: NY state does not have reciprocity with anyone.

 

[thewho0214]

I've also heard of this, but how about on the return flight from Anywhere USA back to an NYC airport? When I arrive, can I claim my bag, go to my car and then travel home(remaining in transit the entire time)? Or is that handcuff worthy too?

 

[swinokur]

My interpretation from the letter is it is legal to go from the airport to your car and then travel directly OUT OF NY. If you destination is in New York, that's illegal without a NY permit.

IANAL.

 

[thewho0214]

Agreed, from the looks of things, it seems like handguns seem to cause more issues than any long gun legally declared and checked.

 

[smalls]

Well, FOPA says no "unnecessary stops". A layover may be considered unnecessary, I don't think it's been challenged in court. They could argue that you could either travel a different route, or by other means, like car, train, etc.

I'm not saying it's right, but given the choice, I wouldn't land in unfriendly territory with guns.

 

[swinokur]

Where does FOPA say unnecessary stops?

FOPA Title 18 SS 926A:

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.

Not saying I endorse stopping (I don't) but FOPA does not state "unnecessary stops". But ill advised for sure.
IANAL

 

[smalls]

Woops. I was thinking of HR. 4269, which provides a provision for lodging, stopping for fuel, etc. But that's still in session, apparently.

So FOPA does not already have any provisions for any type of stop. So stopping for a layover would in fact be illegal in NYC.

 

[swinokur]

A stopover might be legal in a state that allows possession without a permit. (not CCW). Certainly not NYC. If you apply the ruling from SCOTUS in Revell, it might be OK to stop if you left the firearm locked in your vehicle according to FOPA and didn't take "possession". Not any more case law on this I can find.

But you're right, stopping in NYC or even NY state is a really bad idea.

IANAL

 

[SMMAssociates]

I've also heard of this, but how about on the return flight from Anywhere USA back to an NYC airport? When I arrive, can I claim my bag, go to my car and then travel home(remaining in transit the entire time)? Or is that handcuff worthy too?

The Port Authority probably would have a bird if somebody actually checked, but I don't think they do....

That said, I would fly to someplace else.... ANYWHERE else ....

The closest to "checking" I've ever run into was matching claim checks when you picked up a bag, and I've not seen that lately at PIT or CLE. Which is a very good reason to run down to Baggage and grab your luggage before somebody else does....

(IMHO, with all the craziness, I don't think anybody's checking through anything but firearms in all that dirty laundry & such.)

Anybody? It probably is against some law or other that FOPA should supersede , but that hasn't stopped them in the past....

Regards,

 

[whubbard]

The fact of the matter is that while it should be covered under FOPA and likely is, they continue to arrest people that try to check pistols at NYC airports even if traveling from upstate NY, CT or NJ. The next step is you hiring legal counsel. Then the state offers a plea bargain and the person generally accept it. The reason the state does this is that if it does ever reach higher courts, they will be forced to stop this process of illegal arrests (due to FOPA) or even possibly the constitutionality of the city's handgun ban could be challenged. But they continue with the arrests and seizures of guns so that people think twice about doing it. Very messed up in my opinion.

Sadly, when the courts have ruled, they have for the time being ruled in favor of the city. If HR 4269 had passed this wouldn't be a problem anymore.

 

[thewho0214]

I think I might just avoid this whole situation entirely, eventhough it's a long gun I would be checking.

 

[smalls]

The fact of the matter is that while it should be covered by FOPA and likely is...

The point is that it is not covered by FOPA. FOPA does not cover you while you stop, only travelling through.

 

[swinokur]

See post 10. There is no mention of any kind of stopover in FOPA. Doing so is illegal because there is no allowance for it in the statute.