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Legal Guns en Route to New York Are Cause for Arrest Before Flight Home
The New York Times ^ | 9 June, 2013 | MICHAEL WILSON

Posted on 06/10/2013 5:18:06 AM PDT by marktwain

A subset of visitors to New York City looks, on the surface, just like the rest. Some are high profile, like the boxer this year, and the football player, and the Tea Party leader from California. They are joined by the anonymous: the military wife from Minnesota, and the hazardous waste expert. There was a minister, and a surgeon, and someone in pest control.

What sets them apart is what each brings along on a visit to the city. A handgun. The guns are legally owned, with the home state permits all in order. The visitors have locked the gun in a box and checked it at the local airport, as they were told to do by the airline. But for these visitors, the trip to New York will almost certainly end in handcuffs and felony weapons charges, and their flights home will leave without them.

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: New York
KEYWORDS: banglist; ccw; constitution; criminalgovernment; democrats; govtabuse; guncontrol; ny; nyc; rapeofliberty; secondamendment; tyranny
Almost no one outside those who are politically connected are allowed to legally exercise their Second Amendment Rights in New York City.
1 posted on 06/10/2013 5:18:06 AM PDT by marktwain
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To: marktwain

They should have those old East Germany signs posted to warn people they are entering the freedlomless zone.


2 posted on 06/10/2013 5:21:07 AM PDT by TurboZamboni (Marx smelled bad & lived with his parents most his life.)
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To: marktwain

Yet another reason to loath NYC (as if another reason were needed)


3 posted on 06/10/2013 5:26:56 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: marktwain

Does anyone have the finacial wherewithal to challenge this in court?

Can’t possibly be constitutional since it clearly violates the 2nd...


4 posted on 06/10/2013 5:35:31 AM PDT by Adder (No, Mr. Franklin, we could NOT keep it.)
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To: TurboZamboni

In Atlanta, you are allowed to carry a concealed weapon if you are in the public airport part. But don’t try to get through TSA with it. The Atlanta police don’t like it one damned bit, but state law trumps them.


5 posted on 06/10/2013 5:45:42 AM PDT by Gaffer
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To: Gaffer

With a CCW, of course.


6 posted on 06/10/2013 5:46:15 AM PDT by Gaffer
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To: Adder

It’s not the finances that matter, it is the knowledge of the law that counts.

http://www.supremelaw.org/fedzone11/index.htm


7 posted on 06/10/2013 5:48:59 AM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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Comment #8 Removed by Moderator

To: marktwain

This is in direct violation of the gun owners protection act of 1986. The arrests need to be challenged all the way up to the supreme court.


9 posted on 06/10/2013 5:56:58 AM PDT by TheRhinelander
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To: TheRhinelander

“This is in direct violation of the gun owners protection act of 1986.”

The FOPA only applies when traveling though a state and doesnt allow for overnight stops. The law needs to be ammended to protect otherwise law abiding people who carry a licensed gun into NY.


10 posted on 06/10/2013 6:05:12 AM PDT by Brooklyn Attitude (Obama being re-elected is the political equivalent of OJ being found not guilty.)
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To: Brooklyn Attitude

New York, the cesspool of the east. Kalifornia, the cesspool of the west. Need I say more?


11 posted on 06/10/2013 6:06:31 AM PDT by DaveA37 (I'm for SMALLER , HONEST government)
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To: Progov

Sorry, that should read New York City and LA......my bad.


12 posted on 06/10/2013 6:07:06 AM PDT by DaveA37 (I'm for SMALLER , HONEST government)
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To: marktwain

There needs to be a “Million Armed Citizens” march in NYC.


13 posted on 06/10/2013 6:17:30 AM PDT by DTogo (High time to bring back The Sons of Liberty !!)
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To: marktwain

Violates
“Article IV

Section 2

1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”

also violates the commerce clause.


14 posted on 06/10/2013 6:24:15 AM PDT by bunkerhill7 (("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione.))
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To: Brooklyn Attitude

Re-reading it I believe you are correct.

The best thing to do is simply avoid NYC altogether. When I go to PA I try to avoid NY as much as possible, going through as little as possible.


15 posted on 06/10/2013 6:24:47 AM PDT by TheRhinelander
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To: Brooklyn Attitude
The FOPA only applies when traveling though a state and doesnt allow for overnight stops. The law needs to be ammended to protect otherwise law abiding people who carry a licensed gun into NY.

Amending the FOPA was part of the otherwise horrible Schumer/Toomey/Manchin gun bill that failed.

16 posted on 06/10/2013 6:26:15 AM PDT by Yo-Yo
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To: TheRhinelander

“The best thing to do is simply avoid NYC altogether. When I go to PA I try to avoid NY as much as possible, going through as little as possible.”

As bad as the laws are in NYC, NJ is much worse. In NY you might catch a break, but in NJ they will persecute you.


17 posted on 06/10/2013 6:31:49 AM PDT by Brooklyn Attitude (Obama being re-elected is the political equivalent of OJ being found not guilty.)
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To: Brooklyn Attitude

When I was bringing home ammo and a new shotgun from PA I stayed the speed limit and drove very carefully.


18 posted on 06/10/2013 6:55:52 AM PDT by TheRhinelander
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To: DTogo
There needs to be a “Million Armed Citizens” march in NYC.

Start with Albany, on to NYC, blitzkrieg NJ, DE and MD on the way clean up DC.

19 posted on 06/10/2013 6:56:27 AM PDT by ConservativeInPA (Molon Labe - Shall not be questioned)
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To: TheRhinelander
The best thing to do is simply avoid NYC altogether.

Awhile back I went to a talk given by an NRA lawyer. He went over the applicable laws for transporting firearms.

Basically, keep the firearm unloaded and locked in a hard case. Keep the ammunition in a separate locked case. Keep both cases far away from you (in the trunk if you're driving, for instance).

Then he said this. None of that matters in these four jurisdictions: NYC, DC, Baltimore, and NJ. In those places they will arrest and convict you even if you do everything correctly. Just avoid those four places.

20 posted on 06/10/2013 7:08:47 AM PDT by Leaning Right
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To: Progov
New York, the cesspool of the east. Kalifornia, the cesspool of the west. Need I say more?

If you wanted to be comprehensive, Progov, you could mention Illinois, the cesspool of the middle.

21 posted on 06/10/2013 7:10:49 AM PDT by Standing Wolf
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To: Leaning Right

Damn. NJ is very difficult to avoid (but not impossible).


22 posted on 06/10/2013 7:23:35 AM PDT by TheRhinelander
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To: TheRhinelander
NJ is very difficult to avoid (but not impossible).

Here's the one question I wished I had asked the NRA lawyer. Suppose you go so far as to actually disassemble your firearm. Break it down into as many pieces as possible, then store each piece in a different locked case. Would that be enough to get you a pass in NYC, DC, NJ, and Baltimore?

It is sad that I even have to consider such a question, but I wonder if it would work.

23 posted on 06/10/2013 7:39:04 AM PDT by Leaning Right
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To: Brooklyn Attitude
also violates the 14th Amendment:

Section 1. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

24 posted on 06/10/2013 7:45:53 AM PDT by bunkerhill7 (("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione.))
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To: Leaning Right

It looks like if I stayed on route 84 I could bypass NJ but I’m not 100% sure.


25 posted on 06/10/2013 7:49:51 AM PDT by TheRhinelander
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To: bunkerhill7

“Section 1. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Good luck with that defense. They are following due process of law. What equal protection are they denying? Do you really think such an argument would have a chance in heck with the NJ SC or even getting to the US SC? Its ridiculous.


26 posted on 06/10/2013 8:04:39 AM PDT by Brooklyn Attitude (Obama being re-elected is the political equivalent of OJ being found not guilty.)
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To: Brooklyn Attitude

‘Due process of law’ is not the issue. The issue is any laws that abridge the ‘privileges and immunities of citizens of the United States.’ That language was intended to protect the freed slaves from laws in the Southern States that, among other things, denied such persons the right to keep and bear arms.


27 posted on 06/10/2013 9:53:36 AM PDT by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: sourcery

“‘Due process of law’ is not the issue. The issue is any laws that abridge the ‘privileges and immunities of citizens of the United States.’ That language was intended to protect the freed slaves from laws in the Southern States that, among other things, denied such persons the right to keep and bear arms.”

Again, good luck making that argument. Like it or not for over 100 years its been accepted that states and cities have the right to decide who carries and who doesnt. It seems to me to be naive to think such an argument has any chance of making any impact.


28 posted on 06/10/2013 10:12:42 AM PDT by Brooklyn Attitude (Obama being re-elected is the political equivalent of OJ being found not guilty.)
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To: Brooklyn Attitude
The U.S Constitution, Sir, is not ridiculous.

We NY mountain hillbiliies can buy guns and ammo in Vermont and bring it into NY State.

It`s free country.

The police, state troopers and sheriffs do not bother us because they know our families we have been doing it DE FACTO for over 200 years. We are all heavily armed here and they do not want a war because we outnumber them 500,000 to one. They already tried this crap during Prohibition up here and they were driven out of the mountains by force of arms...

Thousands of New Jersey summer residents come here on vacation and they are armed here in their vacation homes.-

HOW ABOUT THAT!

29 posted on 06/10/2013 12:31:29 PM PDT by bunkerhill7 (("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione.))
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To: bunkerhill7

“The U.S Constitution, Sir, is not ridiculous.”
Agreed, but neither are state’s rights and states and cities have been passing gun laws for over a hundred years. The USSC has given states fairly large lattitude in that unfortuantely for those of us in NY.

“We NY mountain hillbiliies can buy guns and ammo in Vermont and bring it into NY State.”
Rifles yes, handguns No- unless you have a state pistol permit and transfer through an ffl. Those without a state permit (ie visitors from other states) are SOL if they get caught.

“It`s free country.”
Dont make me laugh.

“The police, state troopers and sheriffs do not bother us because they know our families we have been doing it DE FACTO for over 200 years. We are all heavily armed here and they do not want a war because we outnumber them 500,000 to one. They already tried this crap during Prohibition up here and they were driven out of the mountains by force of arms...”
We are talking about NYC, not upstate which is very different. Even so, try your hillbilly theory by open carrying into the local Walmart and see what kind of police reception you get.

“Thousands of New Jersey summer residents come here on vacation and they are armed here in their vacation homes.-”
Armed with what? If handguns they better keep them out of sight, however as you know upstate NY is like a separate state from NYC and much more lenient regarding guns.

“HOW ABOUT THAT!”
How about this. My original point was that arguments like the 4th ammendment and equal protection have been around forever and have gone no where. People have taken it to the NYS supreme court and failed. IIRC they have tried taking it to the USSC and were rejected. Those arguments wont fly, they never have. Its all just words. The RATS in NY dont give a damn about the constitution, freedom, rights or anything else. It s**ks here and as soon as I retire I am OUT.


30 posted on 06/10/2013 1:29:25 PM PDT by Brooklyn Attitude (Obama being re-elected is the political equivalent of OJ being found not guilty.)
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