Skip to comments.Why can't Mark Meckler just 'withdraw' his attempt to legally transport his gun?
Posted on 12/18/2011 6:43:24 AM PST by marktwain
Mark Meckler, who co-founded the Tea Party Patriots group, was arrested early yesterday morning at New York's LaGuardia airport for illegal possession of a weapon. The Huffington Post quotes his attorney:
"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.
Unloaded, in a locked safe, approved by the TSA, and he declared his possession of the gun--not exactly hallmarks of nefarious intent. Still, in New York, that's not good enough, as the Associated Press explains:
Meckler, 49, declared the weapon, as required, authorities said. He's licensed to carry the gun in Grass Valley, Calif., where he lives, but that license isn't valid in New York, which has strict rules on carrying concealed weapons, they said.
Such "strict rules," in fact, that an unloaded gun in a locked safe is considered a "concealed weapon."
The degree of legal jeopardy Meckler faces is a bit unclear. The Huffington Post story seems to indicate it's not too serious:
Meckler was still being held Thursday night. He was charged with second-degree possession of a weapon.
A law enforcement source said such cases generally result in a fine, and not jail time.
Well, "not too serious," is of course relative--he was, after all, still in jail last night, after having been arrested before dawn. He will also almost certainly lose the gun--which, by the way, he carries because he has received death threats--forever.
(Excerpt) Read more at examiner.com ...
We have gone from a nation that was a sea of liberty with islands of government control, to a sea of restrictions and legalisms with islands of liberty.
Anyone who thinks we have a right to keep and bear in this country lives under an illusion.
The same thing almost happened to me returning from my dad’s funeral. It was at Logan in Boston (go figure), and when I declared the unloaded Colt Cobra .38,the gal behind the counter called the cops. Thank God the older cop had some brains and I flew home to Texas.
“Did you really think that we want those laws to be observed?” said Dr. Ferris. .......
Great metaphor which puts the whole thing in proper perspective.
Why did I think such an arcane idea like interstate transport being beyond the control of local fiefdoms was actually a proper legal concept in the US? Silly me.
I think NJ recently prosecuted someone for something as silly as this recently and requred a pardon from the governor.
Regardless of what ends up happening, seems to me if he pleads guilty with the understanding he will only be fined, he will still have been adjudged as having violated a firearms law which will impact his license in his home state.
Anyone else ready to hold a convention of states which wish to form their own nation again? How about this time we stay and force them to leave?? I gladly would give back Massachusettes, New York, Maryland, Connecticut, De, RI and Maine back to the King. Vermont can become its own nation and New Hampshire can stay if they mine all the roads from Massachusettes and blow any bridges between the two also.
If Mr. Meckler’s home state (Kalefornia) wasn’t populated by jackasses, his state would retaliate against NY for the abridgement of the rights of one of their citizens and our Supremes would actually have a case that fits within their original jurisdiction.
The selective application of interstate commerce has become a Communist Joke.
Yep - Mississippi has an open carry law where it is legal for us to open carry bwithoput a permit. However, the courts have decided that any holster serves to at least partially conceal a weapon, so carrying a gun openly on your hip constitutes concealed carry which requires a permit....
If not for this case - why do we have a Supreme Court?
I find it kinda sad that there are people in this country that actually want to live in New York. Or anywhere in the not so great Northeast.Or the upper Midwest. Or Cailfornica.
If not for this case - why do we have a Supreme Court?
If not for this case - why do we have a Supreme Court?
“We live in a sea of legalisms that are impossible to negotiate without violating some of them. A person cannot live without committing crimes, intentionally or unintentionally.
We have gone from a nation that was a sea of liberty with islands of government control, to a sea of restrictions and legalisms with islands of liberty. “
Dr. Floyd Ferris to Hank Rearden:
We want them broken. Were after power and we mean it. Theres no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there arent enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws...now, thats the system, Mr. Rearden, thats the game...
Ayn Rand (Atlas Shrugged)
seems like Meckler has a great opportunity to fight and win a glorious battle against the city of New York here. McDonald v. Chicago and D.C. v. Heller have paved a clear way forward in the battle against unreasonable infringements on an individuals right to keep and bear arms. New York has had this bloody nose coming for a long time now.
It sounds like this directly violates the FOPA of 1986, which legislated that you can legally transport a firearm through a jurisdiction where that firearm would normally be deemed illegal.
Well, some of us do and some of us don't and that's the problem: some states are still violating a fundamental Constitutional and human right with impunity.
States like yours and mine are on the right side of the ledger ("Shall issue"). New York City is an insane place: Nanny Bloomberg Island. BTW, I like the picture on your home page - I prefer to shoot my AR with iron sights as well. ;-)
Youd better get it straight that its not a bunch of boy scouts youre up against...
To rubber stamp any insanity or inanity congress passes, the president fiats or a court legislates?
IT’s perverse, and the cultural mindset is even worse.
A society is supposed to be organized and have some sort of operational hierarchy and everyone part of the team contributes to a business.
However now it is about who owes what and whom. So you have jackasses who even in the most organized institutions enact their own personal ego into it.
Everything then becomes automatic, promotions, demotions... and it all becomes games instead of serving the business model.
You can have good laws and selective application of the laws as per the cultural “feeling” of the day.
Limited government is about removing preferential treatment and the inherent narcissism that pushes one to think he is a know it all who thinks it all, micro managing every thing like a control freak and criminal in the end.
Reminding me that in England in thr 18th Century there was about a thousand hanging offenses. That on the estates of English nobles, a tenant had about as much standing as a slave on Washington's plantation. Ayn Rand (Atlas Shrugged)
Get a grip. States don't retaliate against other states. As one of those "jackasses" what would you suggest we do - not send any wine to NY? Maybe not sell them anymore Apple products? NY's actions are as unbelievable as is your response.
I will bet you he was on a watch list and they were waiting for him.
See the first quote on my FR profile page. It speaks directly to your comments.
Wrong. Some of us merely have permission to do some things
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
Our rights do not come from government, but from God and also from our nature as rational beings. Such rights are inalienable, regardless of who might claim otherwise. As for the right recognized (not created, mind you) above, it will surely be enforced by millions who are prepared to do so.
Three of those states were not that way only 12 years ago.
In respect to guns, we are winning. It is everything else that is dubious.
Still, Guns are a major indicator of cultural movement, and with them, we are winning.
The same type of person who loses their mind and freaks out in the presence of a firearm invariably are the kind who grovel before anyone in possession of a fancy looking shiny brass badge backed by a black leather badge holder.
Sounds like a dream case for GOA, JPFO, and the NRA. I’d love to see bloomturd bitc* slapped again over the firearms issue.
The only power any government has is the power to crack down on criminals. Well, when there arent enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? Whats there in that for anyone?
But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted and you create a nation of law-breakers and then you cash in on guilt. Now thats the system, Mr. Reardon, thats the game, and once you understand it, youll be much easier to deal with." (Atlas Shrugged 1957)
Ayn Rand was prescient in many ways.
People would think so, but I have come to see that the case must be *ripe* in the terminology of the US Supreme Court. I do not see the NYC laws as *ripe* quite yet.
The problem is that we do not know exactly his travel schedule, and he may not want to make it fully known. The Federal law only protects him if he were in *transit* which is not precisely defined, but which gives the NYC authorities potential leverage.
If this was a *test case*, I hope they are well prepared.
If it was not, then I pray that he and his lawyer can extract him with the minimum pain possible.
I would consider a 15 year penalty for ignorance of a complex law involving Constitutional freedoms, where there was no evil intent and no one was hurt, to be a cruel and unusual punishment, but a great many lawyers would not agree with me.
Perhaps I am not the one who is confused. A moratorium on flights to and from NY should create the appropriate crisis. It shouldn’t take more than a couple of hours for a federal judge to place a stay on the moratorium. However, it’s not like Kalefornia has any untaxed economy left to protect. I didn’t see anybody get excited about Obama’s pukes (OWS) closing the ports on the coast.
It’s amazing how a little political crisis can help the government to focus. Either the interstate commerce clause and full faith and credit apply or they don’t. Both of those issues are state, not individual issues. The state has a responsibility to it’s citizens and the Supreme Court has an obligation to rule on those disputes. The left so loves to extend the commerce clause when the issue is a leftard idea.
Then again, Kalefornia is overpopulated with jackasses.
Another possibility is the fact that we have had too many peaceful revolutions. Say what you want about revolutions, this sort of thing would never have happened during the time of the Founding Fathers.
Foxnews and other fair minded media need to put this guys picture alongside Holder’s and tell the story of each. One definitely should be in prison, but it ain’t the guy in the airport.
Did Meckler stay anywhere in New York at all, or was he only traveling through?
If he as much as stayed overnight in a New York motel, he could be in trouble.
The lunatics are in charge of the asylum.