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Why can't Mark Meckler just 'withdraw' his attempt to legally transport his gun?
St. Louis Gun Rights Examiner ^ | 16 December, 2011 | Kurt Hofmann

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 ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: New York
KEYWORDS: airport; banglist; fopa; meckler; ny
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To: marktwain

I will bet you he was on a watch list and they were waiting for him.


21 posted on 12/18/2011 8:53:24 AM PST by Walkingfeather
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To: marktwain

See the first quote on my FR profile page. It speaks directly to your comments.


22 posted on 12/18/2011 9:13:08 AM PST by FreedomPoster (Islam delenda est)
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To: andy58-in-nh
Anyone who thinks we have a right to keep and bear in this country lives under an illusion. Well, some of us do and some of us don't

Wrong. Some of us merely have permission to do some things

23 posted on 12/18/2011 9:41:02 AM PST by paul51 (11 September 2001 - Never forget)
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To: paul51
Here's my "permission":

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.

24 posted on 12/18/2011 9:56:45 AM PST by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: paul51
In Alaska, Vermont, Wyoming, and Arizona, you do not need a government permit to carry or conceal arms. You do not need a government permit to buy most arms from a private individual.

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.

25 posted on 12/18/2011 10:01:08 AM PST by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: coolbreeze
Experiences like yours are the reason that very detailed and official-looking quality badges which merely say 'Concealed Carry Permit' are sold.

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.

26 posted on 12/18/2011 10:08:43 AM PST by The KG9 Kid
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To: marktwain

Sounds like a dream case for GOA, JPFO, and the NRA. I’d love to see bloomturd bitc* slapped again over the firearms issue.


27 posted on 12/18/2011 11:09:12 AM PST by Tailback
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To: marktwain
"Did you really think we want those laws observed? said Dr. Ferris. We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against... We’re after power and we mean it... There’s no way to rule innocent men.

The only power any government has is the power to crack down on criminals. Well, when there aren’t 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? What’s 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 that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with." (’Atlas Shrugged’ 1957)

28 posted on 12/18/2011 11:30:40 AM PST by Elle Bee
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To: Elle Bee

Ayn Rand was prescient in many ways.


29 posted on 12/18/2011 11:35:23 AM PST by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: Tailback; All
Sounds like a dream case for GOA, JPFO, and the NRA. I’d love to see bloomturd bitc* slapped again over the firearms issue.

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.

30 posted on 12/18/2011 11:43:04 AM PST by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: onceone

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.


31 posted on 12/18/2011 12:07:26 PM PST by Steamburg (The contents of your wallet is the only language Politicians understand.)
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To: marktwain

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.


32 posted on 12/18/2011 12:48:51 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: marktwain

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.


33 posted on 12/18/2011 12:56:21 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: marktwain

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.


34 posted on 12/18/2011 3:35:16 PM PST by smokingfrog ( sleep with one eye open ( <o> ---)
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To: marktwain

The lunatics are in charge of the asylum.


35 posted on 12/18/2011 3:44:01 PM PST by editor-surveyor (No Federal Sales Tax - No Way!)
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To: trebb
Someone needs to sell holsters of transparent plastic.
“OK. We heard you. Here it is for you to see....”
36 posted on 12/18/2011 6:18:05 PM PST by Pete from Shawnee Mission
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To: marktwain
Read the short story The Wild And Free Pigs Of The Okefenokee Swamp. We're surrounded by fence posts....
37 posted on 12/18/2011 7:27:48 PM PST by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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