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Old January 25, 2011, 02:07 PM   #26
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The fact that Burress had the gun in a nightclub keeps being brought up as if that's the reason why he went to jail. It's not. I was simply illustrating that some NY gun laws are draconian, and here's a guy doing 2 years for something that wouldn't even be a crime elsewhere.
Not exactly. In many states, including many shall issue states, carrying a firearm into a night club would be illegal. In the majority of states where CCW is legal a permit is still required. Yes, NYC permit rules are nuts but they historically are issued to the rich, famous and powerful. Burress was practically royalty at that time in NYC yet I do not recall him even applying for a permit.

I would have more pity on him if he had at least made an attempt to comply.
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Old January 25, 2011, 03:04 PM   #27
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That's true. His whole situation could have easily been avoided. He could have hired a lawyer and reached out to an influential person or 2 and had what regular folk could never get...a NYC carry permit. It's a thin line between no trouble at all and doing 2 years. New York for you.
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Old January 25, 2011, 06:12 PM   #28
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Nonetheless, the Plaxico Burress case has nothing at all to do with the FOPA and with transporting a handgun through New York State. The FOPA very specifically mandates that the firearm(s) be unloaded, and locked in an area or container not readily accessible from the driver's compartment of the transporting vehicle. The FOPA addresses transporting firearms from one jurisdiction where it is legal for you to possess them to another jurisdiction where it is legal for you to possess them.

How many ways does Plaxico's case NOT fit this thread?
  • Plaxico's gun was loaded
  • Plaxico was carrying the gun on his person, it was not locked up
  • Plaxico was not legally allowed to possess a handgun in New York City
  • Plaxico went TO (not "through") New York City to go nightclubbing. New York City was his destination, he was not traveling through New York on the way to a jurisdiction where he could legally possess the handgun.
  • IIRC Plaxico was at the time living in New Jersey. I'm not conversant with NJ state law in general. He may not have been legal to possess that handgun in New Jersey. The FOPA covers transportation from a place where possession is legal, TO a place where possession is legal.
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Old January 25, 2011, 08:18 PM   #29
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If you have money and time you are invited to be the test case.

New York and Massachusetts (among others) have had DAs both say that 'FOPA would be a defense.'

They can still charge you (and hold you) under state law (and they have).

It is up to you to get the mater into federal court.

Make sure you have a lot of traveler's checks.

Attorneys are expensive.
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Old January 25, 2011, 09:20 PM   #30
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+1 Brickeyee
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Old January 25, 2011, 09:37 PM   #31
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I agree, do not offer any info&therefore it shouldn't be an issue even if you do get pulled over.

That being said, if the officer asks you if you have a weapon, I wouldn't lie to him. Sometimes they ask. Good luck. hit cruise control and hug the right lane or hit the middle one
"Damn the torpedoes, full speed ahead!" -Admiral Farragut @ Battle of Mobile Bay 05AUG1864
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