|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Search | Today's Posts | Mark Forums Read |
|
Thread Tools | Search this Thread |
December 16, 2011, 10:07 AM | #1 |
Senior Member
Join Date: October 21, 2009
Location: Quadling Country
Posts: 2,780
|
NY Gun Laws may be back in Court - Meckler
The leader of the Tea Party was arrested at LaGuardia with a unloaded Glock 27 locked in a case that he presented at check in. Handguns are illegal without a lic in NY of course.
It is unclear if this would be covered under FOPA as he was not in a vehicle or what his point of origin was at this time. http://www.rawstory.com/rs/2011/12/1...un-at-airport/ Meckler is a big supporter of 2A and an attorney. I expect a court fight on this one that could go on for years (unless maybe they offer him a light misdemeanor plea/charge).
__________________
Thus a man should endeavor to reach this high place of courage with all his heart, and, so trying, never be backward in war. |
December 16, 2011, 10:37 AM | #2 |
Junior Member
Join Date: November 24, 2011
Posts: 10
|
This could be the beginning of a big constitutional rights case. I doubt very much that he did not expect to be arrested, he's a lawyer, and probably knew exactly what would happen. Now he will be in a position to challenge NY's unconstitutional gun laws with appeals after conviction.
|
December 16, 2011, 11:46 AM | #3 | |
Senior Member
Join Date: August 25, 2011
Posts: 140
|
Quote:
|
|
December 16, 2011, 12:30 PM | #4 |
Senior Member
Join Date: August 16, 2007
Posts: 2,153
|
Hopefully this was well-planned and executed. If he in fact was on a direct journey in accordance with the FOPA this will get more interesting as it develops.
|
December 16, 2011, 12:30 PM | #5 |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,433
|
Interesting. I had heard he was arrested for something but I didn't see any details. I very much hope he originated his trip in Connecticut so they can't whack him with "FOPA doesn't apply because you aren't allowed to possess a handgun in NY." Either that or that he CAN legally possess it in NY.
God bless him. If he set this up intentionally, he has deeper pockets and bigger cajones than I do. |
December 16, 2011, 12:39 PM | #6 | |
Senior Member
Join Date: May 8, 2000
Location: SLC,Utah
Posts: 2,704
|
Quote:
I would have to agree that this is likely the prelude to a legal challenge to NY's law. |
|
December 16, 2011, 12:46 PM | #7 |
Senior Member
Join Date: October 21, 2009
Location: Quadling Country
Posts: 2,780
|
I stand corrected.
He is the "National Chairman" of the "Tea Party Patriots"; a splinter group of the Tea Party. I don't track much politics and did not even know there was such as thing. I wish him luck anyway however. This issue is something I have wondered about. NY is the bottle neck to the NE so any improvement there would help a bit.
__________________
Thus a man should endeavor to reach this high place of courage with all his heart, and, so trying, never be backward in war. |
December 16, 2011, 12:54 PM | #8 |
Junior Member
Join Date: December 8, 2011
Posts: 7
|
Every article states a glock 27 and 9mm ammo... Isn't the glock 27 a .40?
|
December 16, 2011, 01:06 PM | #9 | |
Senior Member
Join Date: October 21, 2009
Location: Quadling Country
Posts: 2,780
|
Quote:
There is no telling though. The press report could be wrong or the ammo could have been for another gun.
__________________
Thus a man should endeavor to reach this high place of courage with all his heart, and, so trying, never be backward in war. |
|
December 16, 2011, 02:27 PM | #10 |
Junior member
Join Date: April 3, 2010
Posts: 1,231
|
Tea party patriots co-founder arrested on gun charges at nyc airport
The NYC airport claims another uniformed gun enthusiest. Federal law allows the trasnport of guns in proper containers through all 50 states, but that does not cover a stop over. The man in question stayed in NYC for two days and then went back to the airport. Likely he will have the book thrown at him and told, ignorance of the law is not excuse.
http://www.theblaze.com/stories/tea-...ardia-airport/ |
December 16, 2011, 02:55 PM | #11 |
Senior Member
Join Date: July 29, 2010
Location: The ATL (OTP)
Posts: 3,944
|
Seems like some guy who thought his California permit would work in New York. He should have checked this out beforehand and hired local security if he felt threatened. I know there have been situations where people have gotten into trouble upon returning to the airport after flight delays forced overnight stays. However, this just sounds like a guy who didn’t do his homework.
__________________
A major source of objection to a free economy is precisely that it ... gives people what they want instead of what a particular group thinks they ought to want. Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman |
December 16, 2011, 03:00 PM | #12 |
Senior Member
Join Date: December 1, 2009
Location: Stillwater, OKlahoma
Posts: 8,638
|
I'll bet a shiny new .44 mag cartridge,,,
That he did this on purpose,,,
In order to later be able to challenge the law with an appeal. Aarond
__________________
Never ever give an enemy the advantage of a verbal threat. Caje: The coward dies a thousand times, the brave only once. Kirby: That's about all it takes, ain't it? Aarond is good,,, Aarond is wise,,, Always trust Aarond! (most of the time) |
December 16, 2011, 03:13 PM | #13 | |
Moderator Emeritus
Join Date: June 25, 2008
Location: Austin, CO
Posts: 19,578
|
Quote:
__________________
Nobody plans to screw up their lives... ...they just don't plan not to. -Andy Stanley |
|
December 16, 2011, 03:22 PM | #14 |
Member in memoriam
Join Date: April 9, 2009
Location: Blue River Wisconsin, in
Posts: 3,144
|
Supreme Court here we come, between FOPA and:
Article. IV. Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Booperburger and his sting operations in various states may come to a screeching halt as the bright light of a very unfavorable spotlight is shined on the unsavory 2nd amendment policies of his lovely city. That doesn't even count MAIG and its rogues gallery of mayors convicted of every crime from drunk driving to fraud to racketeering to tax evasion to sexual misconduct. They all have one thing in common, they don't like guns in the hands of citizens.
__________________
Good intentions will always be pleaded for any assumption of power. The Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern will, but they mean to govern. They promise to be good masters, but they mean to be masters. --Daniel Webster-- |
December 16, 2011, 03:25 PM | #15 |
Staff
Join Date: April 13, 2000
Location: Northern Virginia
Posts: 41,374
|
Merged duplicate threads.
__________________
"The gift which I am sending you is called a dog, and is in fact the most precious and valuable possession of mankind" -Theodorus Gaza Baby Jesus cries when the fat redneck doesn't have military-grade firepower. |
December 16, 2011, 03:30 PM | #16 |
Junior member
Join Date: April 3, 2010
Posts: 1,231
|
If this man did this on purpose, he is really taking a chance with the NYC court system and perhaps misguided belief in the system on appeal. If that is the appearance to the NYC court, they will throw the book at him. Not a smart thing to do for a lawyer or anyone else. I seriously doubt he did it on purpose, just too much for a professional person to lose starting with loss of his right to practice law if convicted. Oh well, one less lawyer won't hurt the country!! LOL
|
December 16, 2011, 03:46 PM | #17 | ||
Junior member
Join Date: October 4, 2007
Location: All the way to NEBRASKA
Posts: 8,722
|
Quote:
"When the People fear their Government, there is Tyranny." Quote:
|
||
December 16, 2011, 03:53 PM | #18 | |||
Junior member
Join Date: April 3, 2010
Posts: 1,231
|
Quote:
Dear Jimbo, LOL means laughing out loud. That implies a joke my friend. Plenty of folks have spoken out against this travesty including myself. If you are going to quote, please don't take it out of the context of what was intended. LOL intended the statement to be part of a joke. You left that out. On the other hand, if the NYC court believes that this is in part a publicity stunt, then they will throw the book at him. I seriously doubt that this man with all that he could lose in this case will be anything but humble and pleading for mercy before the courts because of his ignorance. However, as an officer of the court, he will likely find no mercy since he has a higher level of knowledge than the average hill billy with a gun. His only hope is to ask for a change of venue, such as Northern Idaho for instance. (LOL, Joke alert) I believe that this case will end badly for this man. Someone in his position and political inclinations should have been more prudent. I seriously doubt that his stupidity will translate into improved access to firearms in NYC. I believe that is simply naive thinking in my opinion. The beast has too much power. I may be proven wrong and I hope I am proven wrong, but I am pretty pessimistic on this man's chances of leniancy from NYC court. Just my opinion. |
|||
December 16, 2011, 04:16 PM | #19 |
Senior Member
Join Date: December 23, 2010
Location: Chicagoland
Posts: 1,293
|
I imagine this HAS to be intentional; as a way to spark a "clean" lawsuit that will make its way up to the SCOTUS. I wouldn't have picked NY though, they have some of the toughest "gun laws" in the country. Just like Plaxico if the suit does not go in his favor he is facing REAL jail time.
|
December 16, 2011, 04:45 PM | #20 |
Junior Member
Join Date: December 7, 2011
Posts: 8
|
If he did intend to do this I hope he did his homework because the road to victory is much longer than what it seems.
Revell v. Port Authority of New York & New Jersey, 598 F. 3d 128 - Court of Appeals, 3rd Circuit 2010 http://scholar.google.com/scholar_ca...29871713496988 |
December 16, 2011, 04:51 PM | #21 |
Senior Member
Join Date: February 14, 1999
Location: Pittsburg, CA, USA
Posts: 7,417
|
This is all speculation until we know his point of origin. It seems VERY likely to me this is another FOPA violation on NY's part. It's happened before and it'll keep happening until the 2A is really fixed in NY and NYC generally.
__________________
Jim March |
December 16, 2011, 04:52 PM | #22 |
Junior member
Join Date: March 25, 2011
Posts: 463
|
The NY law deprives the guy of a functional handgun for self defense. This is a no brainer after Heller, it will just take time. Unfortunately, it may be mostly his time that is taken up.
If this attorney is jailed, it raises an ugly question: is it unconstitutional incarceration under the Second Amendment? |
December 16, 2011, 05:00 PM | #23 | |
Senior Member
Join Date: August 16, 2007
Posts: 2,153
|
Quote:
In NY/NJ there is NO legal path whatsoever for out-of-state residents to even possess a firearm, which amounts to a ban for any non-resident. If properly challenged, I don't see how the law could pass any standard of scrutiny. I have not seen where the man had intended to be a test case, it will be interesting to see how this goes. |
|
December 16, 2011, 05:09 PM | #24 |
Senior Member
Join Date: June 17, 2010
Location: Virginia
Posts: 6,869
|
§ 926A. INTERSTATE TRANSPORTATION OF FIREARMS
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. Is there any way to interpret this as applying to entering the state w/ the intent of passing through it to another state via transfer to a common carrier (e.g., a commercial aircraft)? . |
December 16, 2011, 05:43 PM | #25 |
Junior member
Join Date: April 3, 2010
Posts: 1,231
|
Sounds like he stayed in NYC for two days. That will present a problem to his defense. FOPA does not cover that. There is discussion whether FOPA covers stopping at a gas station and eating as well. If this man did this on purpose, oh my, I think he will see jail time out of this and be forgotten from the front page all to soon.
|
Thread Tools | Search this Thread |
|
|