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Uncle Billy · July 14, 2009, 07:59 PM

The "Firearm Owner's Protection Act", a federal law passed in 1986 (wikipedia entry available here)...

"Firearm Owners Protection Act"

... in part says this:

"'Safe passage' provision

One of the law's provisions was that persons traveling from one place to another for a shooting sports event or any other lawful activity cannot be arrested for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, in a locked container.

An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time."

If the guy from Florida had his handguns unloaded and in a locked box in the trunk, he might not have been in trouble in New York even though the Canadians turned him around for having them in ANY circumstance. But maybe not- the 1986 law's "safe passage" conditions aren't really met- it wouldn't have been legal for him to have been in possession of the handguns in Canada which apparently was the end point of his trip, and the 1986 law provides the "safe passage" provision only if the traveller can legally possess the guns at each end of his trip and he couldn't legally possess them in Canada.

When they put his license plate into their data system (routinely done on any vehicle entering Canada) and what came back didn't match the car (he was charged in NY with a license plate violation), they surely sent him for a secondary customs inspection, which is probably where they found the guns. When they put his name into their data system they probably found out about his other conviction (one local news outlet said it was for assault), which would have turned him around at their border anyway; when he returned to the US and the US Homeland Security folks ran his name and saw the guns, they called the local authorities because they knew he was in violation of NYS law with the weapons and with the license plate.

My guess is that the handguns were loaded and under the seat (or someplace similar), where Canadian customs found them in the secondary inspection and sent him back without any delay. When he arrived at US customs (nobody gets into the US from outside it without being approved by Homeland Security which can't be avoided here because the US-Canada link is a bridge with iron guardrails and every inch under TV and infrared surveillance), his real troubles began. His conviction for assault (if the local news is correct) raised the level of criminal possession of a firearm from a misdemeanor to a felony, and his whole situation went down the toilet.

The point of all of this is this: One can get away with a LOT that's illegal if they keep their head down (so to speak) and go quietly, attracting no attention. But not at the border. When you try to enter the US- no matter who you are or what your citizenship or what the circumstances are that have you present yourself at the border seeking entry to the US- apparently you aren't protected by "just cause" provisions, and Homeland Security has access to every place your name appears or has ever appeared. The odds of pulling something off, of getting away with something even a little off is very small. It's prudent to get ALL your ducks in a row before you expose yourself to Homeland Security because they are SERIOUS and have no sense of humor or inclination to wink at infractions. AirForceShooter had it right- "learn the rules if you're doing stuff".

July 14, 2009, 07:59 PM	#23
Uncle Billy Senior Member Join Date: June 10, 2009 Location: Small city in New York Posts: 482	The "Firearm Owner's Protection Act", a federal law passed in 1986 (wikipedia entry available here)... "Firearm Owners Protection Act" ... in part says this: "'Safe passage' provision One of the law's provisions was that persons traveling from one place to another for a shooting sports event or any other lawful activity cannot be arrested for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, in a locked container. An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time." If the guy from Florida had his handguns unloaded and in a locked box in the trunk, he might not have been in trouble in New York even though the Canadians turned him around for having them in ANY circumstance. But maybe not- the 1986 law's "safe passage" conditions aren't really met- it wouldn't have been legal for him to have been in possession of the handguns in Canada which apparently was the end point of his trip, and the 1986 law provides the "safe passage" provision only if the traveller can legally possess the guns at each end of his trip and he couldn't legally possess them in Canada. When they put his license plate into their data system (routinely done on any vehicle entering Canada) and what came back didn't match the car (he was charged in NY with a license plate violation), they surely sent him for a secondary customs inspection, which is probably where they found the guns. When they put his name into their data system they probably found out about his other conviction (one local news outlet said it was for assault), which would have turned him around at their border anyway; when he returned to the US and the US Homeland Security folks ran his name and saw the guns, they called the local authorities because they knew he was in violation of NYS law with the weapons and with the license plate. My guess is that the handguns were loaded and under the seat (or someplace similar), where Canadian customs found them in the secondary inspection and sent him back without any delay. When he arrived at US customs (nobody gets into the US from outside it without being approved by Homeland Security which can't be avoided here because the US-Canada link is a bridge with iron guardrails and every inch under TV and infrared surveillance), his real troubles began. His conviction for assault (if the local news is correct) raised the level of criminal possession of a firearm from a misdemeanor to a felony, and his whole situation went down the toilet. The point of all of this is this: One can get away with a LOT that's illegal if they keep their head down (so to speak) and go quietly, attracting no attention. But not at the border. When you try to enter the US- no matter who you are or what your citizenship or what the circumstances are that have you present yourself at the border seeking entry to the US- apparently you aren't protected by "just cause" provisions, and Homeland Security has access to every place your name appears or has ever appeared. The odds of pulling something off, of getting away with something even a little off is very small. It's prudent to get ALL your ducks in a row before you expose yourself to Homeland Security because they are SERIOUS and have no sense of humor or inclination to wink at infractions. AirForceShooter had it right- "learn the rules if you're doing stuff". __________________ Despite the cost of living, have you noticed how popular it remains? Last edited by Uncle Billy; July 14, 2009 at 08:09 PM.