Transporting under FOPA with overnight stop?

[GlassEye]

I am about to travel from KY to NH, but stopping in NYC overnight, mid-trip. From all that I have read, it seems I just cannot be armed for any of the journey since I will be stopped in NYC at some point. I really don't like the idea of going the entire trip unarmed, with family.

I was planning to lock the handgun in a hard case, with ammo and mags locked in a separate hard case, with both cases cable locked to the vehicle in the trunk area of an SUV.

Is there any way to legally secure a handgun in a vehicle while stopped overnight in NYC; when the origin and destination of the journey are both states in which it is legal for me to possess a firearm?

 

[dprice3844444]

go around nyc.no hollow points if going through nj.no sense of humor.mail it to your destination

 

[bearcreek]

Is there a particular reason you need to stay in NYC? Why not stay somewhere in PA?

 

[Sam1911]

We all would like FOPA to cover you in this instance. We might all interpret FOPA TO cover you in this instance. However, FOPA isn't something you can declare to the arresting officer and have him say, "oh, well then, never mind, you're free to go..."

FOPA is an "affirmative defense" which means that NYS can arrest you, jail you, and put you on trial -- and THEN you can claim FOPA as your defense. And you may be found to meet the terms of FOPA or the verdict may be that FOPA doesn't apply because of this, that, or the other thing.

And you get to pay every nickle for your defense all the way up through however many appeals you can afford. While you spend time in jail, spend the cost of a nice car on bail, if you can get it, spend months/years in the courts, lose your employment, and generally have a really sucky time.

 

[unclenunzie]

Is there any way to legally secure a handgun in a vehicle while stopped overnight in NYC

I believe the answer is NO. I also believe fopa protection is gone once stopped in nyc or any part of nys, and would be at risk of felony prosecution.

I am not a lawyer and this isn't legal advice.

 

[Sam1911]

I also believe fopa protection is gone once stopped in nyc or any part of nys, and would be at risk of felony prosecution.

That is certainly the subject of great debate. Surely you are still on a journey, even if paused in a location for necessary sleep, food, and potty. But there is no court precedent that specifically requires that interpretation. So, maybe the court says, well you stopped for a nice meal, took a walk along Broadway, and stayed the night, therefore NYC was clearly a "destination" for you. So, the gun isn't legal at one of your destinations, so you can't claim FOPA's protections.



And anyway, there is nothing at all that says New York can't hang you up in jail and court for a VERY long time before you even get the chance to argue that FOPA should cover you. As long as you're willing and financed well enough to be a test case, that's just fine. If you're a family man with bills to pay and a life to live, that's probably a really bad situation.

"You may beat the rap, but you can't beat the 'ride.'"

 

[dprice3844444]

there was a former cop who was moving through nj w/weapons and pulled over to rest because he was tired in a rest stop.he was arrested.

why are you going to nh?

 

[BobTheTomato]

Just give enough money to the Mayor's reelection fund But in all seriousness, it wouldn't matter if it did cover you. They will arrest you and you will spend thousands on legal fees to get it dismissed. Stop in PA before you hit the state line.

 

[GlassEye]

Thanks all, you affirmed what I was thinking on this subject. I am just going to avoid the risk.

This certainly seems like infringement of rights, to me.

 

[Doc7]

dprice, you are mentioning some misinformation, or at least misleading information in some of your posts.

Hollow point bullets are legal in NJ. No ifs ands or buts. They sell them in gun stores and at Dick's sporting goods. Don't commit a crime with them.

The retired cop was carrying a loaded firearm in NJ. Which is not protected by FOPA. And also falls under committing a crime with hollow points, if you're keeping score.

I'm not saying it is right, but it is not hard to comply.

I did just donate $20 to the Shaneen Allen billboard fund being run by SAF and advertised by Tom Gresham and NJ2AS.

Do not sleep overnight in NJ as you will lose the court case. Travel through means exactly that.

 

[Art Eatman]

Decision made.