Skip to comments.Tea-party leader shocked by arrest on gun charges(NY)
Posted on 12/16/2011 6:14:05 AM PST by marktwain
Mark Meckler, co-founder of Tea Party Patriots, one of the largest and most prominent tea-party groups, was arrested today at New York City's LaGuardia Airport on a gun charge despite showing police his pistol permit and explaining that the weapon is registered in California.
"Mark Meckler, an attorney and national coordinator for Tea Party Patriots, who holds a concealed-carry permit from the state of California, today was charged with a firearms violation at LaGuardia Airport in New York City," said Brian Stapleton, Meckler's lawyer, in a statement.
"While in temporary transit through the state of New York in possession of an unloaded, lawful firearm that was locked in a (Transportation Security Administration)-approved safe, he legally declared his possession of the firearm in his checked baggage at the ticket counter as required by law and in a manner approved by TSA and the airline, yet was arrested by port authority for said possession," Stapleton said.
According to the Associated Press, Queens prosecutors say Meckler was taken into custody at about 5:20 a.m. today after he attempted to check in for his Delta flight and presented a box containing a Glock 27 pistol and 19 cartridges of ammunition. Meckler told authorities he carries the gun for protection because he receives threats.
(Excerpt) Read more at wnd.com ...
Another reason to pass federal legislation requiring states to recognize other states permits and uphold the Second Amendment.
I thought that this isn’t allowed for the State authorities to harass someone in temporary transit. I thought a bill got passed that mandates the States go HANDS OFF on this.
In a couple of months this type of thing will land him in Gitmo without a trial.
I thought so. FOPA prevents this behavior, to wit:
FEDERAL LAW ON TRANSPORTATION
A provision of the federal law known as the Firearms Owners` Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.
Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.
Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest. The U.S. Court of Appeals for the Third Circuit has also recently held that FOPA`s protections only apply while the firearm is not readily accessible to the traveler, and that a firearm is readily accessible during a hotel stay.
While this decision is only binding in New Jersey, Pennsylvania, Delaware and the U.S. Virgin Islands, all travelers in areas with restrictive laws would be well advised to have copies of any applicable firearm licenses or permits, as well as copies or printouts from the relevant jurisdictions` official publications or websites documenting pertinent provisions of law (including FOPA itself) or reciprocity information. In the event of an unexpected or extended delay, travelers should make every effort not to handle any luggage containing firearms unnecessarily and to secure it in a location where they do not have ready access to it.
What. a. crock. of. sheet.
Kind of like being arrested for “disturbing the peace” if you open carry in an open carry state.
As I understand this story, he declared when checking the luggage at the ticket counter that it contained the gun and ammunition (so he would have had no opportunity to use it on anyone while on the plane). Yet he’s being charged with a crime that could carry a sentence of 15 years in prison? That sounds outrageous.
I wonder if there's someway he can sue them for ignoring the law.....I suppose not *sigh*
I wish there was a way to make them pay so much they wouldn't pull this crap again!
I am confused, Laz...
I don’t see anythig in this story to hit
I live here. This guy is in trouble.
This is the key to NY's ability to harrass.
Of course the charges will eventually be dropped, but the time, effort and money spent doing so can still be significant.
Part you missed is this:
Special Advisory for New York and New Jersey Airports: Despite federal law that protects travelers, authorities at JFK, La Guardia, Newark and Albany airports have been known to enforce state and local firearms laws against airline travelers who are merely passing through the jurisdiction. In some cases, even persons traveling in full compliance with federal law have been arrested or threatened with arrest. As noted above in the section entitled “Federal Law on the Transportation of Firearms,” FOPA`s protections have been substantially narrowed by court decisions, and persons traveling with firearms may want to avoid New York and New Jersey or make arrangements to ship their firearms to their destination, rather than bringing them through these jurisdictions.
As far as I know, NY is the only state that openly defies the intent of the Federal law in this way.
Next stop GITMO!
You are correct, that’s where the “detention” bill is aimed, at you, me, us.
On one hand, we have the negative of New York simply outright defying Federal Law.
On the other hand, we have the positive of precendent when many other states simply outright defy Obamacare.
Mixed blessing, I guess.
I don’t see how we can remain in a union with states that prefer tyranny.
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