View Single Post
Old April 7, 2011, 11:40 AM   #28
maestro pistolero
Senior Member
 
Join Date: August 16, 2007
Posts: 2,153
Quote:
+1. The problem with the FOPA is that it only applies when one is actually traveling. If you stop to visit someone, you have reached a destination, and have therefore ceased to travel.
Correct.
Quote:
... As I understand it, would only apply in NJ if one were only transiting NJ. The stop to visit with the OP's parents would take FOPA out of the equation.
And correct.
Quote:
Federal law doesn't amount to a hill of beans if you take possession of the firearms while in New Jersey without the requsite FOID and registration. Without jumping through the proper legal hoops with NJ before you take possession of the firearms (locked hard-sided case or not) you would be in violation of NJ law. Period.
FOPA protects travel THROUGH states, yes even NJ, provided the weapons are transported locked and unloaded, FROM a place they may be legally possessed, TO a place they may be legally possessed with no unnecessary stops.

I have no doubt that NJ LE would arrest regardless of strict adherence to the FOPA. My point is that, in my scenario, they would be doing it in violation of federal law and that it would be indefensible for them in federal court. Showing malice and flagrant disregard for federal law, they would be subject to money damages, as well as injunctive relief.

Quote:
The only protection the FOPA gives you in this scenario is if you're flying from a state where you're legal to possess the firearms (for instance, Vermont), have a layover in New Jersey (where you do not take possession of the firearms, and arrive at your destination where you are legal to possess said firearms (for instance, Georgia). The moment you stop in NJ and take possession, they will arrest you.
The bolded part is not completely accurate. You may also drive through any state under strict compliance and adherence to the terms of the FOPA. The state would lose that battle in federal court and damages would be awarded.

Last edited by maestro pistolero; April 7, 2011 at 01:01 PM.
maestro pistolero is offline  
 
Page generated in 0.02394 seconds with 8 queries