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NYS has officially decided not to recognize FOPA

Discussion in 'Legal' started by tfurey19, Jul 30, 2004.

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  1. tfurey19

    tfurey19 Member

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    Apparently if you fly into NY FOR ANY REASON with a pistol you will be arrested no matter how the pistol is packed and regardless of purpose.

    NYS is no longer regognizing the Firearm Owner's Protection Act

    The following was just released from the NRA:

    From NRA:

    The District Attorney in Albany County and Queens 18 months ago issued an order to arrest anyone coming through the airports with a handgun in their luggage, regardless if the handgun was being transported properly by FAA regulations. The criteria is if you do not have a NY license, you are charged. So what's happening is 2 different scenarios:

    1. People are flying into New York from other states, most but not all of whom have carry permits from their home states, and are carrying a pistol. When they go to fly home, they declare the gun, which has always been unloaded and locked up properly in their checked luggage, but if they cannot produce a NY license, they are promptly charged with illegal weapon possession, and their gun confiscated forever. (The Albany airport sheriff has been doing it as a lower class misdemeanor, the LaGuardia cases were charged as a felony.) As their home state permit is not reciprocal, and they were in NY state for an amount of time carrying a handgun, this group is screwed.

    2. People are DRIVING to the airport from another state where the NY airport is their closest one to fly out of, and are getting popped right off the bat an hour or two from their home. In these cases, we are going to war for them being covered by FOPA, even the Sheriff's office and TSA in Albany have argued over that with the DA, but he won't budge. He did, however, blink on the two cases from Albany, with the people getting a walk. Didn't get their guns back, though, either time.

    Bottom line, UNLESS you are in possession of a VALID New York pistol license, DO NOT bring a handgun in your luggage to the airport, you will be charged.

    This is not being done in any other state in the country except at Logan international in Boston, (same thing there) but even at O'Hare in Illinois, if you come in from another state and meet FAA guidelines, they feel you are covered by FOPA and off you go a happy camper.
     
  2. boofus

    boofus Guest

    Does that mean people in NY can build machineguns again? Since they won't recognize one part of FOPA they shouldn't recognize the rest either.

    Why does this behavior not surprise me? klinton did it as well by ordering ATF to violate the FOPA by keeping records of approved NICS checks. Yet he expects gun manufacturers to respect the MG ban.

    :cuss: :banghead: :fire:
     
  3. mpthole

    mpthole Member

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  4. citizen

    citizen Member

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    ....bureaucratic evil self-preservation in it's most vile form.........:cuss:
     
  5. Wildalaska

    Wildalaska member

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    Its just a quick trip to the Fed Courthouse to fix that one...

    WildinsteadofchildishsmiliesdosomethingAlaska
     
  6. Carlos Cabeza

    Carlos Cabeza Member

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    Concealed means concealed !
     
  7. mpthole

    mpthole Member

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    And lost time and lost money for the person that is having their firearm illegally confiscated and being illegally detained by the government.

    I don't think its a matter of carrying properly concealed. Its when it gets declared at the airport in your checked bags, or when you land.

    I just checked NRA's website and couldn't find any info substantiating tfurey19 original post. If anyone can provide a link, I'm sure it would be appreciated.

    tfurey - link please?
     
  8. Sindawe

    Sindawe Member

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    Time to hurt NYS where it counts...

    In the pocket book, and the bottom line of businesses and services based in New York State. Boycott 'em, and let 'em know WHY they are being boycotted.
     
  9. Zrex

    Zrex Member

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    So this means that if I am flying from say.... Texas to Vermont and the plane gets diverted to an airport in NY due to weather or mechanical problems or all air traffic being grounded, then I can be arrested, charged with a felony and have my property confiscated?
     
  10. El Tejon

    El Tejon Member

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    Zrex, yes!:(

    Wild's right. NRA needs to spike this rubbish righting f-----g now!!!:fire:
     
  11. Wildalaska

    Wildalaska member

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    OK listen up commandos...stop with the :cuss: :fire: :banghead: and finally put yer time (not money) where yer mouths are..

    One of you get your wordy processor out and do a Federal Complaint asking for the two DAs to be enjoined and restrained from any prosecutions, for standing indicate ya wanna travel to NY via the airport and they are violating your rights under the FOPA...

    Get creative, add a cause of action under 42USC 1983 too, ask for damages

    File in in court, send copy to the NRA and ask for them to help..

    Send a cc to me with a recipt for the filing fee and I will reimburse ya for it

    And if somnething aint done by next year when I fly back east maybe I will do it.,.

    But since Im not the one who whines on message boards (if something excites me I try to get it fixed) about every beuraucratic bit of jerk off tomfoolery, If Im forced to do something you guys wuill never hear the end of it

    :D

    WildeasywinAlaska
     
  12. boofus

    boofus Guest

    I'd rather the FOPA be null and void and be able to manufacture and register new MGs in NY. :D
     
  13. Ironbarr

    Ironbarr Member In Memoriam

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    tfurey19...

    How about some links/citations/letters... etc. something we can look at... not a flame, just want to know we're on solid footing.

    Thanks.

    -Andy
     
  14. captain obvious

    captain obvious Member

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    The last time something like this (nullification) happened, didn't a couple of states get burned to the ground?
     
  15. Wildalaska

    Wildalaska member

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    Well thats just a helpful comment isnt it:mad:

    WildicantwinAlaska
     
  16. Kharn

    Kharn Member

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    Somebody's gonna find themselves in a world of hurt if the DOJ/Ashcroft decide to enforce the FOPA against NY.

    Boofus:
    Read up on the FOPA before you say that...

    Kharn
     
  17. armoredman

    armoredman Member

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    WildAlaska, good luck in court. If I had an extra dime, I'd send you one, but two guns are already in the hock shop, and the last is getting dangerously close. I can tell by your marvelously controlled temper that you are man of advanced maturity, and well capable of taking care of the business us young, irresponsable pups, cannot. Thanky you for your genrous offer, and I again wish you the best of luck, while I remain in Free Arizona....where this hogwash doesn't happen.
     
  18. Ironbarr

    Ironbarr Member In Memoriam

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    The FOPA Summary - scroll down to text:

    http://thomas.loc.gov/cgi-bin/bdquery/z?d099:SN00049:@@@L&summ2=m&|TOM:/bss/d099query.html|

    'Course you'll have to read the NFA for fit, then check the USC in a dozen or more locations no doubt to get it all.

    That's the way things get hidden, lost - or rewritten by "people who rewrite things". Tough finding just the right item for a defense when it's 12 paragraphs down on the 512th page of this sized type.

    -Andy
     
  19. Wildalaska

    Wildalaska member

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    Appreciate the compliment, never fear you too will not be irresponsible some day:D

    Well hopefully you will never need to fly to LaGuardia Airport..

    WildillswitchtonewarkAlaska
     
  20. tcsd1236

    tcsd1236 Member

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    Problem being that FOPA covers travel THROUGH one state to another. If their final destination is NYS, they need to be properly licensed in NYS to possess while in NYS. If they fly into NY and then later LEAVE NYS with that gun, they obviously haven't been travelling THROUGH NYS as per FOPA, they have been IN NYS for that period of time without the required permit. Unless they wer eengaged in one of the permit- exempted activities listed in the law, they'll find themselves in a jam.

    I would love to see NYS recognize other states' permits, but I don't see it happening.

    We just had a similar situation, although not entirely the same scenario: we arrested a woman who was a NYS resident who was trying to fly out of our airport with a handgun and no permit. WHY someone would try to do that when they know a permit is required, who knows. Anyway, she was arrested.
     
  21. CaesarI

    CaesarI Member

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    I could not corroborate this story either. Can someone please provide a source?

    -Morgan
     
  22. Chris Rhines

    Chris Rhines Member

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    To expand somewhat on Wildalaska's rant -

    It is my (laymans) understanding that in order to have standing to petition the court, you have to be able to indicate that damages have already taken place. This will probably require, at a minimum, a petitioner that has already fallen afoul of this new directive. This may not be the case - if there is a lawyer around who can shed some light, I'm sure we'd all be indebted.

    As an aside - I'll ask one of my buddies at the NRA-ILA, but from the inital post it sure sounds like the NRA is already actively involved in this one. If so, good on them.

    Anyhow, Wild, I can speak to my attorney tomorrow and find out if my status as an uninvolved Maryland resident precludes me from petitioning a New York state court. If not, I'd be more than happy to write up such a petition.

    - Chris
     
  23. JimJD

    JimJD Member

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    Another reason on why I might not move back to NY.

    I have to contact the NRA on this one. Maybe some of the "officials" up in NY to boot.
    What is it with NY and California? The water? The air? Oh...wait...it's all of the commie-pinko-liberals who voted them in.

    Sorry about that last one. I just get a little upset when I think about all of the B.S. I had to deal with up there.
    *sigh*
    Oh New York... what happened to You? :( :confused:
     
  24. Sergeant Bob

    Sergeant Bob Member

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    I did some searching and all I could find about the subject was a post on Packing.org forums by tfurey19 on the subject (identical to the post here), and a copy of the same at the New York State Rifle and Pistol Association (unattributed).

    Packing.org

    NYSRPA.org
     
  25. deej

    deej Member

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    Not that I'm doubting that NYS/NYC would behave in such a manner, but I haven't seen many NRA releases that say "screwed" and "happy camper."

    Can anyone confirm this directly with NRA?
     
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