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Old December 17, 2011, 01:25 PM   #45
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 9,725
Originally Posted by Glenn E. Meyer
That being said - I think it is a constitutional issue that you can be convicted of a felony for an action legal in so many states - that of being a law abiding citizen possessing a firearm. Unfortunately, Heller, etc. did not wash away all restrictions against law abiding citizens simply owning and transporting firearms.
I agree with this completely. I am an "originalist" (or "strict constructionist," if you prefer). The 2nd Amendment clearly says the RKBA "shall not be infringed," yet the SCOTUS has apparently ruled that the RKBA CAN be infringed -- but not unreasonably. Nowhere have I ever suggested that I like or support or agree with New York's (or New Jersey's, or Illinois') draconian firearms laws. But, unless and until overruled by the Supreme Court, those ARE the laws in those jurisdictions.

I don't think arguments about "he might have slept in Pennsylvania" are really productive. He was arrested in a NEW YORK airport with a handgun he is not legal to possess in New York. That's prima facie evidence of a violation. The State of New York does not have to prove that he slept in New York Wednesday night -- if he's going to claim FOPA protection, then he's going to have to prove that his journey originated in some jurisdiction where he is legally allowed to have a handgun.

FWIW, he is apparently not making that claim. Instead, he seems to be trying to claim that a trip involving a multi-day stop IN NYC was not a trip "to" NYC but was "transiting through" NYC. I have to say, I'm as pro-RKBA as they come (or nearly so), and I wouldn't buy that argument.
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