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Old June 11, 2012, 08:30 PM   #13
tyme
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Join Date: October 13, 2001
Posts: 3,163
Quote:
1. The college president doesn't think to check the gun laws in NYC. Simple test of intelligence.
Not everyone cares as much as we do about guns, and not everyone is aware enough of pitfalls to research gun laws proactively.

Those on firearms and knife forums would probably also research knife laws before going to NYC, but 99% of the population would not.

I don't think it necessarily does.

That disclaimer is saying they take no responsibility for interactions with law enforcement that lead to arrest because the gun you brought with you on a trip is illegal at the destination or location of check-in (*). They are reiterating the common legal advice/doctrine that it's up to you to know the law.

It doesn't say anything about Delta tattling to law enforcement. They are in a unique position to know that you brought a gun on a trip, and telling law enforcement about it with no advance warning seems to me like it could be tortious. Delta allegedly has a policy to turn in people checking in with guns in NYC, but their disclaimer does not say that, and furthermore they could have anticipated that when he arrived at check-in (for a round-trip flight, presumably) in SD and declared his firearm(s).

(*) As in Revell vs Port Authority of NY/NJ, NYC loves to assert that possession of guns at airports is illegal even though it seems to be covered by FOPA in some situations. Is this different because Delta is identified as having called the police? How does Delta know he wasn't arriving at La Guardia from out of state? It almost seems like conspiracy to violate FOPA. With recent supreme court decisions, and the reality that you can't possess a gun at your destination without taking it with you when travelling, there might be more legal pressure on Delta than there has been on the NYC police and TSA in the past.

I think this is Mr. Benedetto's lawyer? http://www.cadlaw.com/steven-sanford.html
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Last edited by tyme; June 11, 2012 at 09:19 PM.
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