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 ...
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.
Overreaching and abuse of power.
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.
something needs to be done, this is political motivated fascist BS
I suspect that this may turn out to be a precedent setting case.
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.
Easy solution... stay out of Nuevo York. Escape from New York is only marginally fictional.
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:
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.
We need to start considering these places foreign nations since they don’t follow the law.
Thanks for the link. Looks like the local Sacramento media have already convicted him.
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.
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.
Why would a Tea Partier even set foot in NYC?? They were probably looking for an excuse.
They are professionals ostensibly in the profession of enforcing laws that actually exist. "Misunderstanding" doesn't cut it. Federal civil rights action.
Hell, nah! Defying the feds to INCREASE liberty is never overlooked or tolerated. Applying additional levels of local yokel tyranny is OK.
“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.
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.
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