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Tea-party leader shocked by arrest on gun charges(NY)
wnd.com ^ | 15 December, 2011 | Chelsea Schilling

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 ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: New York
KEYWORDS: airport; arrest; banglist; checkedgun; gunrights; harassment; ny
New York and New Jersey are notorious for ignoring federal law and harrassing travelers in this way.

Another reason to pass federal legislation requiring states to recognize other states permits and uphold the Second Amendment.

1 posted on 12/16/2011 6:14:15 AM PST by marktwain
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To: marktwain

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.


2 posted on 12/16/2011 6:18:37 AM PST by Lazamataz (That's all.)
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To: marktwain
Mark is lucky this happened now.

In a couple of months this type of thing will land him in Gitmo without a trial.

3 posted on 12/16/2011 6:18:45 AM PST by LoveUSA (God employs Man's strength; Satan exploits Man's weakness.)
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To: marktwain

I thought so. FOPA prevents this behavior, to wit:

FEDERAL LAW ON TRANSPORTATION
OF FIREARMS

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.


4 posted on 12/16/2011 6:20:30 AM PST by Lazamataz (That's all.)
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To: marktwain
Sounds like another case of “punishment by process”. He is being punished by the Bloomberg anti-gun goons because he is an out spoken 2nd amendment advocate even though he committed no crime. After he misses his flight and spends a few hours in jail, he will be freed and the authorities will claim it was all a “misunderstanding”.
5 posted on 12/16/2011 6:28:35 AM PST by apillar
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To: marktwain

What. a. crock. of. sheet.


6 posted on 12/16/2011 6:29:40 AM PST by jjm2111
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To: marktwain
Actually it's New York City that's got a bug up it's collective keister about handguns. I wanted to take my 9mm up to Maine while visiting a Friend so we could go shooting, but changed my mind when I read on the net that your not allowed to even drive through NYC with a handgun regardless of how you secure it.
7 posted on 12/16/2011 6:32:42 AM PST by Falcon4.0
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To: marktwain

Kind of like being arrested for “disturbing the peace” if you open carry in an open carry state.


8 posted on 12/16/2011 6:34:48 AM PST by IamConservative ("The ability to speak eloquently is not to be confused with having something to say." - MP Hart)
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To: marktwain

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.


9 posted on 12/16/2011 6:35:05 AM PST by GJones2 (Declared firearm in luggage)
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To: marktwain
It wasw in a locked box in his checked baggage! They treated him as if he had it strapped on under his jacket, loaded and ready to go.

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!

10 posted on 12/16/2011 6:35:44 AM PST by CAluvdubya
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To: Lazamataz

I am confused, Laz...

I don’t see anythig in this story to hit


11 posted on 12/16/2011 6:36:15 AM PST by Mr. K (Physically unable to profreed <--- oops, see?)
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To: marktwain

I live here. This guy is in trouble.


12 posted on 12/16/2011 6:37:33 AM PST by GlockThe Vote (The Obama Adminstration: 2nd wave of attacks on America after 9/11)
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To: Lazamataz
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.

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.

13 posted on 12/16/2011 6:37:45 AM PST by sonofagun (Some think my cynicism grows with age. I like to think of it as wisdom!)
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To: Lazamataz

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.


14 posted on 12/16/2011 6:37:49 AM PST by RoadieFan
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To: Lazamataz
New York (but not NJ) takes the view, that, "fine, there is a Federal law. You can use that as a defense at your trial".

As far as I know, NY is the only state that openly defies the intent of the Federal law in this way.

15 posted on 12/16/2011 6:38:39 AM PST by Jim Noble (To live peacefully with credit-based consumption and fiat money, men would have to be angels.)
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To: 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.

Next stop GITMO!

16 posted on 12/16/2011 6:40:53 AM PST by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: LoveUSA

You are correct, that’s where the “detention” bill is aimed, at you, me, us.


17 posted on 12/16/2011 6:42:12 AM PST by izzatzo ( Anybody but Obamney and Huntsman--Bachmann/???, 2012.)
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To: marktwain
The real question is how many lawsuits the New York Port Authority is going to have to lose, before they stop this shit?
18 posted on 12/16/2011 6:44:33 AM PST by jdege
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To: Jim Noble; RoadieFan; sonofagun
Well, this is actually kind of neat.

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.

19 posted on 12/16/2011 6:44:58 AM PST by Lazamataz (That's all.)
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To: marktwain; Joe Brower

I don’t see how we can remain in a union with states that prefer tyranny.


20 posted on 12/16/2011 6:46:42 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Travis McGee
I don’t see how we can remain in a union with states that prefer tyranny.

Those states will have to be forced to respect the Constitution with federal law. They are in a minority, after all, even if they have large populations.

21 posted on 12/16/2011 6:50:56 AM PST by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: marktwain

Overreaching and abuse of power.


22 posted on 12/16/2011 6:51:45 AM PST by yldstrk (My heroes have always been cowboys)
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To: jdege
The real question is how much of this crap are people going to put up with before they simply stop traveling to NYC and move their business to a more Constitution friendly state?

No offense to the conservatives who live there, but pretty much the whole Northeast is sewer of leftist ideology and hatred of our Constitution--with a couple of notable exception like NH.
23 posted on 12/16/2011 6:55:54 AM PST by Sudetenland (Anybody but Obama!!!!)
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To: marktwain

There ought to be prosecutions of the agents involved, for violation of federal law. Plus civil and criminal liability for damages. But there won’t be; the system is broken.


24 posted on 12/16/2011 7:02:21 AM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: coloradan

something needs to be done, this is political motivated fascist BS


25 posted on 12/16/2011 7:15:39 AM PST by Charlespg
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To: marktwain

I suspect that this may turn out to be a precedent setting case.


26 posted on 12/16/2011 7:16:37 AM PST by buffaloguy
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To: LoveUSA
You are correct. Round 2 of this new law will give DOJ the green light to perform home invasions wo a warrant. These detention camps including gitmo will soon be buzzing. We will be in full tyranny by May.
27 posted on 12/16/2011 7:22:05 AM PST by DownInFlames
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To: marktwain

What’s good for the gander in most places will get your goose cooked at the airport. I’ll never fly again. And I hope every airline goes under. Of course, that’s what obama wants so he can have his own airline.


28 posted on 12/16/2011 7:23:17 AM PST by Terry Mross (I'll only vote for a second party)
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To: Falcon4.0

Easy solution... stay out of Nuevo York. Escape from New York is only marginally fictional.


29 posted on 12/16/2011 7:34:19 AM PST by X-spurt
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To: marktwain

I caught that story last night on our local news when I was accidentally tuned into the CBS 13 news in Sacramento!

I thought the guy was an escaped fugitive after watching the clip they showed!

Not a mention in their report about him legally being able to carry a weapon, just that he tried to board the plane with guns and ammo!

Check out the fugitive clip:

http://sacramento.cbslocal.com/2011/12/15/tea-party-patriots-co-founder-meckler-arrested-on-gun-charge/#comments


30 posted on 12/16/2011 7:53:24 AM PST by RogerWilko
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To: marktwain

I’ll take the opposing view and say that he’s probably screwed.

The statute requires you to show (1) you legally own/possess your gun in your home state, (2) you were engaging in interstate travel with your destination in a state that permits you to own/possess that firearm, and (3) you were stopped in a state that prohibits such ownership/possession while in transit.

On the facts here, it looks like he traveled to NY. His attorney says “while in transit”, but you don’t have to check your bags with TSA except for your originating flight. That was in NY. So it looks like he fails element 2 — unless he can show that he landed in NY and then drove to Delaware or NH or VT, the statute doesn’t apply here.

On the other hand, if he can claim the statutory protection, there is much evidence that NY and NJ routinely harass travelers despite knowing of the federal law. Before Heller and MacDonald, NY and NJ might have had an argument with the affirmative defense garbage. Now that it is an individual constitutional right the individual agents and the states are likely personally and corporately liable for a deprivation of rights guaranteed by the U.S. Constitution under 18 USC § 1983. That’s where he might get some pretty serious liability, and it’s a cool enough question that the SCOTUS might consider it.


31 posted on 12/16/2011 7:58:43 AM PST by FateAmenableToChange
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To: Jim Noble

We need to start considering these places foreign nations since they don’t follow the law.


32 posted on 12/16/2011 8:10:38 AM PST by Clock King (Ellisworth Toohey was right: My head's gonna explode.)
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To: RogerWilko

Thanks for the link. Looks like the local Sacramento media have already convicted him.


33 posted on 12/16/2011 8:10:51 AM PST by pf flyers
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To: Falcon4.0

You could have avoided NYC. It’s not that hard to bypass it and whenever I travel from CT to anyplace south or west, I go around the city, mostly to cut down on the hassle factor. Mileage-wise it is longer, but time-wise it is usually shorter, and often safer because of fewer traffic jams and road ragin drivers.

I know doesn’t change their crazy gun laws, but I wouldn’t have let that stop me.


34 posted on 12/16/2011 8:17:03 AM PST by Betis70 (Bruins!)
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To: marktwain
presented a box containing a Glock 27 pistol and 19 cartridges of ammunition.

I've traveled many times with firearms and there is no way he had the ammo
in the same lock box as the firearm. The TSA inspection would have caught
that and corrected it by confiscating the ammo if the person didn't
have a separate storage container.

I also think the ammo box must be wood to avoid static discharge.

I've never had a problem traveling with firearms,
security had always been polite and professional.
But then I've never been through NY.

35 posted on 12/16/2011 8:29:51 AM PST by MaxMax
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To: marktwain

Why would a Tea Partier even set foot in NYC?? They were probably looking for an excuse.


36 posted on 12/16/2011 8:44:24 AM PST by Still Thinking (Freedom is NOT a loophole!)
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To: apillar
After he misses his flight and spends a few hours in jail, he will be freed and the authorities will claim it was all a “misunderstanding”.

They are professionals ostensibly in the profession of enforcing laws that actually exist. "Misunderstanding" doesn't cut it. Federal civil rights action.

37 posted on 12/16/2011 8:47:09 AM PST by Still Thinking (Freedom is NOT a loophole!)
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To: Lazamataz
On the other hand, we have the positive of precendent when many other states simply outright defy Obamacare.

Hell, nah! Defying the feds to INCREASE liberty is never overlooked or tolerated. Applying additional levels of local yokel tyranny is OK.

38 posted on 12/16/2011 8:51:16 AM PST by Still Thinking (Freedom is NOT a loophole!)
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To: MaxMax
MaxMax posted:

“I've traveled many times with firearms and there is no way he had the ammo
in the same lock box as the firearm. The TSA inspection would have caught
that and corrected it by confiscating the ammo if the person didn't
have a separate storage container.”

Marktwain replies:

You must travel different airlines and airports than I do. I have traveled dozens of times since 9/11 and have never had a problem with ammunition being locked in the same box as the firearm.

The ammunition must simply be in a “factory container”. Magazines and speed loaders do not count as factory containers.

I have never had a problem, although some airline personnel appreciate the clarification of the law that I help them with. My experience with TSA personnel over the same time period is that they have been professional and helpful.

39 posted on 12/16/2011 8:59:40 AM PST by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: marktwain
The ammunition must simply be in a “factory container”. Magazines and speed loaders do not count as factory containers.

Plastic reloading boxes also work. I cut the foam in my T/C Encore pistol case to take a box of .454 reloads. Passed by TSA every time I fly to hunt.

40 posted on 12/16/2011 9:35:06 AM PST by FateAmenableToChange
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To: FateAmenableToChange
Plastic reloading boxes also work.

Plastic reloading boxes are factory containers. They are designed and produced by a factory to hold and store ammunition.

41 posted on 12/16/2011 10:19:43 AM PST by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: GlockThe Vote

You are right.

They will claim he possessed it in NYC while either staying there or going to airport

Amazing....in 1986...i bought a 12 gauge on Mott street and carried it home to Union square area in rather obvious box on foot...with only my MS drivers license


42 posted on 12/16/2011 10:34:35 AM PST by wardaddy (Michelle, Sarah, Perry now Newt over Mitt.....that is how I've seen it and it's where we are)
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To: wardaddy

I have a full carry permit and it applies anywhere in NYS but NYC.

He is screwed and could do a year in jail.

why did he not find out about this beforehand?


43 posted on 12/16/2011 11:15:21 AM PST by GlockThe Vote (The Obama Adminstration: 2nd wave of attacks on America after 9/11)
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To: MaxMax

I have never had a problem with ammo and firearms in the same locked case. Ammo must be in original boxes - none in magazines or the firearms themselves.

Just flew back from Phoenix with three firearms and about 150 rounds of ammo in the same checked bag. TSA couldn’t have cared less.


44 posted on 12/16/2011 12:02:57 PM PST by green iguana
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To: green iguana; marktwain
I flew out of Norfolk, Va. The TSA just site confirmed that ammo can be packed
in the same container. Below is what I remembered.

TSA: Travelers must securely pack any ammunition in fiber (such as cardboard),
wood or metal boxes or other packaging specifically designed to
carry small amounts of ammunition.

45 posted on 12/16/2011 3:41:22 PM PST by MaxMax
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To: MaxMax

Thanks for checking and posting the fresh information.


46 posted on 12/16/2011 4:39:46 PM PST by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: coloradan

And where is the NRA?

My guess is they are somewhere patting themselves on the back about all the great things they have done for the 2A.

As long as stories like this happen, the NRA is worthless.


47 posted on 12/16/2011 5:38:27 PM PST by Red in Blue PA (Let's apply the "reasonable man" standard to gun laws. How many would stand?)
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To: Clock King

Nail on the head post!


48 posted on 12/16/2011 5:41:20 PM PST by Red in Blue PA (Let's apply the "reasonable man" standard to gun laws. How many would stand?)
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